Section 320.16. Suspension and revocation of approval.

  The department shall suspend or revoke its approval of a manufactured building system or manufactured building component if it determines that the standards for construction or the manufacture and installation of a manufactured building system or manufactured building component do not meet this code or that such standards are not being enforced as required by this code. The procedure for suspension and revocation of approval shall be as follows:

(1)   Filing of complaint. Proceedings to suspend or revoke an approval shall be initiated by the department or an independent inspection agency or UDC certified inspector having a contract with the manufacturer whose approval is sought to be suspended or revoked. Initiation shall be by a signed, written complaint filed with the department. Any alleged violation of the code shall be set forth in the complaint with particular reference to time, place and circumstance.

(2)   Investigation and notification. The department may investigate alleged violations on its own initiative or upon the filing of a complaint. 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.

(3)   Mailing. Unless otherwise provided by law, all orders, notices and other papers may be served by the department by certified mail to the persons affected at their last known address. If the service is refused, service may be made by sheriff without amendment of the original order, notice or other paper.

(4)   Response. Upon receipt of notification of hearing from the department, the person charged with noncompliance or nonenforcement may submit to the department a written response within 30 days of the date of service. If the person charged files a timely written response, such person shall thereafter be referred to as the respondent.

(5)   Conciliation agreement prior to hearing. If the department and the respondent are able to reach agreement on disposition of a complaint prior to hearing, such agreement shall:

(a) Be transmitted in writing to the secretary;

(b) Not be binding upon any party until signed by all parties and accepted by the secretary;

(c) Not be considered a waiver of any defense nor an admission of any fact until accepted by the secretary.

(6)   Hearings.

(a) Subpoenas; witness fees. Subpoenas shall be signed and issued by the department or the clerk of any court of record. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.

(b) Conduct of hearings. All hearings shall be conducted by persons selected by the department. Persons so designated may administer oaths or affirmations and may grant continuances and adjournments for cause shown. The respondent shall appear in person and may be represented by an attorney-at-law. Witnesses may be examined by persons designated by all parties.

(7)   Findings. The department shall make findings and enter its order within 14 days of the hearing. Any findings as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary.

(8)   Appeal arguments. Appeal arguments shall be submitted to the department in writing in accordance with ch. 227 , Stats. , unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval within 45 business days of receipt of the appeal.

History: Cr. Register, November, 1979, No. 287 , eff. 6-1-80; am. (8), Register, February, 1985, No. 350 , eff. 3-1-85; am. (1), Register, October, 1996, No. 490 , eff. 11-1-96.