Section 305.125. Administrative forfeitures.

 

(1)   Plumbing forfeitures.

(a) Pursuant to s. 145.12 (5) , Stats., the department may assess a forfeiture in the amount listed in pars. (b) to (i) to a violator of the licensing requirements under s. 145.06 , Stats.

(b) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch. IX and who installs plumbing when a master plumber is not in charge of the plumbing installation shall be one of the following:

1. First offense — $1,000.

2. Second offense — $1,500.

3. Third and subsequent offense — $2,000.

(c) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch. IX and who installs plumbing where a master plumber is in charge of the plumbing installation shall be one of the following:

1. First offense — $100.

2. Second offense — $500.

3. Third and subsequent offense — $1,000.

(d) The amount of forfeiture assessed against a master plumber who allows the use of his or her master plumber license for the purpose of obtaining a plumbing permit without that master plumber assuming responsibility for the plumbing installation shall be one of the following:

1. First offense — $1,000.

2. Second offense — $1,500.

3. Third and subsequent offense — $2,000.

(e) The amount of forfeiture assessed against a master plumber who allows another licensed plumber to install plumbing in the master plumber's name when that master plumber is not in charge of the plumbing installation shall be one of the following:

1. First violation offense — $500.

2. Second violation offense — $1,000.

3. Third and subsequent violation offense — $2,000.

(f) The amount of forfeiture assessed against a master plumber who allows an individual who does not hold the appropriate license under subch. IX to install plumbing when that master plumber is in charge of the plumbing installation shall be one of the following:

1. First violation offense — $1,500.

2. Second violation offense — $1,750.

3. Third and subsequent violation offense — $2,000.

(g) The amount of forfeiture assessed against an individual who does not hold an appropriate master plumber license under s. SPS 305.91 and who engages in the business or offers to engage in the business of superintending plumbing installations shall be one of the following:

1. First violation offense — $1,000.

2. Second violation offense — $1,500.

3. Third and subsequent violation offense — $2,000.

(h) The amount of forfeiture assessed against an individual who does not hold a registration as a cross connection control tester under s. SPS 305.99 and who tests cross connection control devices to meet the requirements in s. SPS 382.22 (8) shall be one of the following:

1. First violation offense — $500.

2. Second violation offense — $1,000.

3. Third and subsequent violation offense — $2,000.

(i) When a violator creates an imminent health risk the forfeiture amounts under pars. (b) to (h) shall be doubled within the maximum statutory limit of $2,000.

(2)   POWTS forfeitures.

(a) Pursuant to s. 145.12 (5) (a) , Stats., the department may assess a forfeiture in the amount listed in par. (b) to a violator of the restriction requirements under s. 145.20 (6) (a) , Stats.

(b) The amount of forfeiture assessed against an individual who violates the restriction requirements under s. 145.20 (6) (a) , Stats., shall be one of the following:

1. First offense — $1,000.

2. Second offense — $1,500.

3. Third and subsequent offense — $2,000.

(3)   Contractor forfeitures.

(a) Pursuant to s. 101.147 (3) , Stats., the department may assess a forfeiture in the amount listed in pars. (b) and (c) to a violator of the requirements for any of the following licenses, certifications or registrations:

2. Dwelling contractor, pursuant to s. 101.654 (1) (a) , Stats.

3. Dwelling contractor-restricted, pursuant to s. 101.654 (1) (a) , Stats.

4. Manufactured home manufacturer, pursuant to s. 101.95 , Stats.

5. Manufactured home dealer, pursuant to s. 101.951 (1) , Stats.

6. Manufactured home installer, pursuant to s. 101.96 (2) , Stats.

7. Electrical contractor, pursuant to s. 101.862 (1) , Stats.

8. Electrical contractor-restricted, pursuant to s. 101.862 (1) , Stats.

9. HVAC contractor, pursuant to s. 101.178 (2) , Stats.

10. An elevator contractor, pursuant to s. 101.984 (1) , Stats.

(b) The amount of forfeiture assessed against an individual or entity that does not hold the appropriate type of license, certification or registration required under par. (a) shall be subject to one of the following:

1. First offense — $250.

2. Second offense — $500.

3. Third and subsequent offense — $1,000.

(c) The amount of forfeiture assessed against an individual or entity that holds one of the credentials listed in par. (a) and that contracts with another individual or entity to engage in construction business activities where that other individual or entity is required to hold a credential required under s. SPS 305.30 (1) (a) but does not shall be subject to one of the following:

1. First offense — $250.

2. Second offense — $500.

3. Third and subsequent offense — $1,000.

(4)   Forfeiture process.

(a) The department shall assess an administrative forfeiture in writing.

(b) A notice of administrative forfeiture shall include the following:

1. The rule or rules violated.

2. A statement or explanation of how the violation was determined.

3. The amount of forfeiture.

4. A statement or explanation of how the amount of forfeiture was determined.

5. Information about how to contest the notice of administrative forfeiture.

(5)   Forfeiture payments.

(a) Except as provided in sub. (6) , all forfeitures shall be paid to the department within 30 days after issuance of the notice.

(b) An interest penalty shall be imposed in accordance with s. 145.12 (5) (d) , Stats., for a forfeiture not paid in accordance with par. (a) .

(c) The department may refer unpaid forfeitures to the attorney general.

(6)   Forfeiture appeal.

(a) A person assessed an administrative forfeiture may request a review of the assessment of forfeiture issued under sub. (1) and the grounds for the assessment in accordance with all of the following procedures:

1. A request for review of an assessment of forfeiture under this subsection shall be on the basis to completely overturn the assessment.

2. A request for review of an assessment of forfeiture shall be made in writing to the administrator of the division of industry services.

3. A request for review of an assessment of forfeiture shall include a statement of the specific reasons why the person believes the administrative forfeiture and the grounds for the assessment should be overturned.

(b) A request for review of an assessment of an administrative of forfeiture and the grounds for the assessment shall be denied if the request is received more than 30 days after issuance of the forfeiture notice.

(c)

1. The administrator shall make a decision on a request for review of an assessment of administrative forfeiture and the grounds for assessment within 15 days of receipt of the request.

2. If the administrator determines that insufficient reasons are provided in a request for review, the request may be denied.

3. A denial of a request for review shall be in writing and shall state the reasons for denial and information about the right to appeal the denial.

4. If the administrator determines that sufficient reasons are provided in a request for review, the request shall be granted.

5. If the administrator grants a request for review, the administrator shall notify the person making the request in writing of the date, time and location where the review will take place and who will conduct the review. The review shall be scheduled within 10 days after the request for review is granted, unless the person requesting the review asks for and is granted an extension.

6. If a review is granted, the person requesting the review shall be provided an opportunity to meet with the administrator or designee to present statements and documents regarding the contested notice of administrative forfeiture and the grounds for the assessment.

7. If a review is granted, the division shall provide technical expertise to represent the department's position.

(7)   Administrator review.

(a) The administrator shall issue a written decision within 30 days following a review under sub. (6) (c) 5.

(b) The written decision from the administrator shall include information about appeal rights and procedures if the decision is to deny overturning the assessment of administrative forfeiture and the grounds for assessment.

(8)   Secretary review.

(a) A person adversely affected by the decision of the administrator under sub. (7) may request a hearing by the secretary to review an assessment of administrative forfeiture and the grounds for assessment in accordance with all of the following procedures:

1. A request for a hearing shall be made in writing to the secretary.

2. A request for a hearing shall include a statement of the specific reasons why the person believes the forfeiture assessment and the grounds for assessment should be overturned.

3. A request for a hearing shall be denied if the request is received more than 30 days after issuance of the decision by the administrator under sub. (7) .

(b) A hearing held by the secretary or designee to review the decision of the administrator on an administrative forfeiture shall be a contested case hearing. The hearing and the decision issued after the hearing shall be governed by the provisions under ch. 227 , Stats.

CR 10-039 : renum. from Comm 5.12 (2) to (8) and am. (1) (a), cr. (3) Register November 2010 No. 659 , eff. 12-1-10; corrections in (5) (a), (6) (a) (intro.), (7) (a), (8) (a) (intro.) and 3. made under s. 13.92 (4) (b) 7. , Stats., Register November 2010 No. 659 ; CR 10-090 : cr. (3m) Register January 2010 No. 661 , eff. 2-1-11; correction in (1) (g) (intro.), (h) (intro.), (3) (c) (intro.), (3m) (a), (b) (intro.), (c) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; CR 12-007 : r. (3m) Register July 2012 No. 679 , eff 8-1-12; correction in (6) (a) 2. made under s. 13.92 (4) (b) 6. , Stats., Register September 2013 No. 693 ; CR 14-010 : r. (3) (a) 1. Register August 2014 No. 704 , eff. 9-1-14.

Note

A violation of each paragraph is considered separately when assessing a first, second or third violation. For example: violating paragraphs (a), (b) and (c) creates a first violation for each paragraph, not a first, second and third violation. Microsoft Windows NT 6.1.7601 Service Pack 1 See section 145.06 , Stats., for exemptions to the licensing requirements. Microsoft Windows NT 6.1.7601 Service Pack 1 See the appendix for a reprint of 145.20 (6) (a), Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.147, Stats., was repealed in 2013. Microsoft Windows NT 6.1.7601 Service Pack 1 Section SPS 305.30 was repealed by CR 14-010 , Register August 2014 No. 704 , effective 9-1-14. Future rule-making by the department will correct the no longer valid reference. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.12 (5) (d) , Stats., reads: In the case of any failure in the payment of a forfeiture, the department shall impose an interest penalty of 12% per year from the time when the forfeiture should have been paid. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 145.12 (5) (e) , Stats., reads: The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this subsection if the forfeitures or interest has not been paid after the exhaustion of all administrative and judicial reviews. Microsoft Windows NT 6.1.7601 Service Pack 1 Requests for a review by the administrator may be sent to Administrator, Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658. Microsoft Windows NT 6.1.7601 Service Pack 1