Section 115.11. Denial and cancellation of third party testing.

 

(1)  The department may cancel, deny or refuse to renew a third party tester authorization or an examiner's identification certificate for any of the following:

(a) The organization or person does not qualify as a third party tester or examiner under the provisions of this chapter.

(b) Failure to comply with or satisfy any of the provisions of a third party tester agreement or any other requirements of this chapter.

(c) Fraud or misrepresentation.

(d) Falsification of any records or information relating to third party tester or examiner program.

(e) Commission of any act which compromises the integrity of the third party tester or examiner program.

(2)  The department shall cancel or refuse to renew a certificate when the third party examiner's operator's license is suspended, revoked, or canceled.

(3)  If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester contract, the department may postpone the cancellation and allow the third party tester or examiner 30 days to correct the deficiency.

(4)  A person whose application, examiner identification certificate or third party tester authorization has been denied or canceled under this chapter may request that the department conduct a hearing. The request shall be in writing and filed with the department within 20 days after the date of such denial or cancellation. The department shall schedule the hearing no later than 30 days from the receipt of the request unless a later date is agreed to between the department and the person requesting the hearing. A hearing notice shall be sent to the person's last known address by first class mail.

(5)  The results of the hearing conducted by the department for denial or cancellation under this chapter is subject to judicial review in the manner provided in ch. 227 , Stats. , for the review of administrative decisions.

(6)  Any third party tester or examiner shall surrender the authorization or certificate upon demand by the department.

(7)  A person whose authorization or certificate has been denied or canceled under this chapter may reapply upon termination of the period of time, if any, set by the department. The department shall require the applicant to provide proof that the conditions that caused the denial or cancellation have been corrected or are no longer applicable.

History: Cr. Register, December, 1990, No. 420 , eff. 1-1-91; am. (4), Register, November, 1995, No. 479 , eff. 12-1-95.