Section 305.10. Denial, suspension and revocation.

 

(1)  Except as provided in sub. (2) pertaining to licenses or registrations for master plumbers, journeyman plumbers, cross connection control testers and utility contractors, the department may deny, suspend or revoke a license, certification or registration under this chapter in accordance with this subsection.

(a) Reasons. The department may deny, suspend or revoke a license, certification or registration under this chapter if the department determines that an applicant or holder of the license, certification or registration is responsible for any of the following:

1. Fails to meet the qualifications for the license, certification or registration.

2. Has obtained the license, certification or registration through fraud or deceit.

3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the license, certification or registration.

4. Has a conflict of interest in fulfilling the responsibilities or obligations under the license, certification or registration.

5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the license, certification or registration.

6. Has been arrested or convicted for a crime substantially related to the license, certification or registration.

7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the license, certification or registration.

8. Has violated state, federal or local laws or regulations relating to the conduct of the activities under the license, certification or registration.

9. Has been certified by the department of revenue under s. 73.0301 , Stats., to be liable for taxes.

10. Has been delinquent in making court-ordered payments relating to the support of a child or former spouse pursuant to s. 101.02 (21) (a) , (c) and (d) , Stats.

11. Has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency relating to paternity or child support proceedings pursuant to s. 101.02 (21) (a) , (c) and (d) , Stats.

12. If registered or certified under ss. SPS 305.80 to 305.81 , has performed any of the following:

a. Intentionally shifted costs, for the purpose of making ineligible costs appear to be eligible.

b. Intentionally billed for activities not undertaken at a specific cleanup site.

c. Rebated the deductible or structured a claim to provide a responsible party with a rebate or reimbursement of the deductible.

d. Intentionally submitted invoices or bills containing fraud, or submitted claims that were incomplete or contained fraud.

e. Conducted unnecessary, ineffective or incomplete remedial activities or services.

f. Attempted to defraud, including but not limited to false or double billing of clients for work conducted.

g. Charged a fee that the department determined was excessive, after written notice from the department that the fee was excessive and should not have been charged.

h. Exhibited a pattern of attempting and failing to complete remediations of PECFA sites.

i. Performed activities that result in both exceeding a cost cap established by the department, and submittal of a claim to the department for the cost in excess of that cost cap.

j. Failed to pay a financial penalty assessed under ch. NR 747 for a grossly ineligible cost.

13. If registered or certified under s. SPS 305.68 or subch. VIII , has performed any of the following:

a. Failed to maintain required records.

b. Denied the department access to requested records.

c. Failed to submit a required notice or report to the department, within a required time period.

d. Submitted false reports to the department.

e. Exhibited a pattern of submitting substantially inadequate reports.

14. If registered under s. SPS 305.31 as a dwelling contractor, has done or has been any of the following:

a. Failed to hold or to engage, as an employee, a person who holds a dwelling contractor qualifier certification under s. SPS 305.315 in obtaining a building permit.

b. Engaged in the construction of a dwelling without a uniform building permit when required under s. SPS 320.08 .

c. Convicted of a crime related to the construction of a dwelling.

d. Adjudged bankrupt on 2 or more occasions.

(b) Notice of denial, suspension or revocation. Except as provided under s. 101.654 (4) , Stats., relative to a dwelling contractor certification, and par. (c) , a notice of denial, suspension or revocation shall be sent to the applicant or the license, certification or registration holder. The notice shall include all of the following:

1. The basis for the denial, suspension or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision; and

2. A statement that the applicant or the license, certification or registration holder may file a request for an administrative hearing.

(c) Summary suspension. Under s. 227.51 (3) , Stats., the department may summarily suspend any license, certification or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a license, certification or registration shall remain in effect until after a final decision is issued following a hearing.

(d) Hearing.

1. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b) , otherwise, the request for hearing shall be denied by the department.

2. Hearings shall comply with the provisions of ch. 227 , Stats.

(e) Surrender of license, certification or registration. A person whose license, certification or registration has been suspended or revoked shall surrender the license, certification or registration to the department upon request.

(f) Reinstatement.

1. Suspension.

a. A person whose license, certification or registration has been suspended may apply to have the license, certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.

b. The request to the department to have a suspended license, certification or registration reissued shall be made in writing.

c. The department may require a person whose license, certification or registration has been suspended to apply for the license, certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.

d. The department may impose conditions on the reissued license, certification or registration to assure compliance with this chapter.

2. Revocation. A person whose license, certification or registration has been revoked may not apply to ever receive such a license, certification or registration.

(2)  Pursuant to s. 145.10 , Stats., the department may suspend or revoke the license or registration of any master plumber, journeyman plumber, master plumber-restricted, journeyman plumber-restricted, utility contractor, or cross connection control tester in accordance with this subsection.

(a) General. The department may suspend or revoke a license or registration for any of the following reasons:

1. The practice of fraud or deceit in obtaining a license or registration.

2. Negligence, incompetence or misconduct in the practice or work allowed by the license or registration.

3. Failure to correct an installation for which the license or registration holder is responsible within the time prescribed by the department.

4. Falsified information on an inspection form under s. 145.20 (5) , Stats.

(b) Investigations. The department may conduct an investigation of any alleged violations of this chapter or chs. SPS 382 and 383 . If it is determined that no further action is warranted, the department shall notify the persons affected. If the department determines that there is probable cause, it shall order a hearing and notify the persons affected.

(c) Summary suspension. Under s. 227.51 (3) , Stats., the department may summarily suspend any license or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a license or registration shall remain in effect until after a final decision is issued following a hearing.

(d) Hearings. The hearing for the suspension or revocation of a license or registration shall be conducted as a contested case hearing in accordance with ch. 227 , Stats. , and s. 145.10 , Stats.

(e) Findings. The department may make findings and enter its order on the basis of the facts revealed by its investigation. Any findings as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary.

1. Suspension. The period for suspension shall be determined by the hearing examiner or the department. The period for suspension may not exceed one year. A person whose license or registration has been suspended may apply to have the license or registration reinstated by filing a new application and payment of the appropriate fee specified in s. SPS 305.02 .

2. Revocation. The period for revocation shall be determined by the hearing examiner or the department. The period for revocation shall not exceed one year. A person whose license or registration has been revoked shall be eligible for the license or registration only after the time set for revocation by department order has passed. A person whose license or registration has been revoked may apply to have the license or registration reinstated only after submitting a completed application for license or registration examination, if required, payment of the examination fee, passing of the examination and payment of the license or registration fee specified in s. SPS 305.02 .

Cr. Register, October, 1996, No. 490 , eff. 11-1-96; am. (1) (a) (intro.), r. and recr. (1) (e), (2) (c), cr. (1) (f), Register, March, 1998, No. 507 , eff. 4-1-98; am. (1) (intro.), (a), (b) (intro.), 2., (c), (e), (f), (2) (intro.) to (a) 3., (c), (d), (e) 1. and 2., cr. (1) (a) 9. to 11., Register, April, 2000, No. 532 , eff. 5-1-00; correction in (2) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532 ; CR 04-058 : cr. (1) (a) 12. Register February 2006 No. 602 , eff. 5-1-06; correction in (2) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610 ; CR 07-007 : cr. (1) (a) 14., am. (1) (b) (intro.) Register August 2007 No. 620 , eff. 9-1-07; CR 06-127 : renum. (1) (a) 12. h. to k. to be (1) (a) 13. a. to c. and 12. h., cr. (1) (a) 12. i. and j. and 13. (intro), d. and e., Register September 2007 No. 621 , eff. 10-1-07; correction in (1) (a) 12. (intro.), j., 13. (intro.), 14. (intro.), a., b., (2) (b), (e) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; correction in (1) (a) 12. j. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694 .

Note

See the appendix under A305.31 for a reprint of s. 101.654 (4) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Requests for an administrative hearing may be mailed to the Department of Safety and Professional Services Legal Counsel, P.O. Box 7190, Madison, WI 53707-7190. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.10 (1) (b) , Stats., indicates that the correction of an installation must take place within 30 days following notification by the department of a violation. Microsoft Windows NT 6.1.7601 Service Pack 1