Section 131.13. Licensing of inspectors.

 

(1)   Training.

(a) All contractor employees and all employees of any authorized inspection facility subcontractor who perform any official inspection functions shall have a license issued by the contractor. No person may either receive a license or have a license renewed as an inspector unless the person demonstrates to the department, by training and examination, proficiency in all of the following:

1. Air pollution causes and effects.

2. Purpose, function and goals of the inspection program.

3. State inspection regulations.

4. Inspection procedures and rationale for their design.

5. Emission control devices, configuration and inspection.

6. Inspection equipment operation and maintenance.

7. Quality control procedures.

8. Public relations.

9. Safety and health issues related to the inspection process.

(b) Trainees shall both pass, by a minimum of 80% correct responses, a written test and demonstrate the ability, without the assistance of another person, to conduct a proper inspection as a condition of successfully completing a licensing examination administered by a party other than the contractor.

(c) An applicant for a vehicle emissions inspection license who fails an examination for inspector shall successfully complete the applicable vehicle emissions inspector training program prior to reexamination for license.

(2)   Licensing. Upon completion of training and all other licensing requirements, the contractor shall issue a photo identification badge containing the inspector's photograph, name, unique, non-transferable inspector number and the expiration date of the inspector's license. Training and licensing records for each employee so licensed shall be maintained both at the contractor's headquarters and at the employee's primary inspection station or other authorized inspection facility.

(3)   Renewal. Licenses issued to vehicle emissions inspectors shall be valid for 2 years. Inspectors shall complete both refresher training and testing prior to license renewal.

(4)   Auditing. Representatives of the department or its designated agent shall conduct both overt and covert, scheduled and unscheduled audits.

(5)   Penalties. Failure of either the contractor or any of its employees or of any authorized inspection facility subcontractor or its employees to pass any portion of an overt or covert audit shall result in the imposition of a penalty. These penalties, established in the penalty schedule section of the contract, may require that the contractor either suspend or revoke inspector licenses or incur liquidated damages, or both.

(6)   Challenge mechanism.

(a) A motorist who alleges that either an incorrect inspection occurred or that fraud or abuse influenced the results of the inspection may contest the results of that inspection by notifying the department immediately after the inspection, or as soon as possible after discovering the problem.

(b) The department's quality assurance representative shall investigate the complaint. If the results of that investigation indicate that the inspection may have occurred incorrectly or that fraud or abuse may have influenced the results of the inspection, the department's quality assurance representative shall arrange for a reinspection at the technical assistance center or other facility by an inspector designated by the department to perform the functions of a technical assistance center at a time convenient to all parties.

(c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perform the functions of a technical assistance center shall supersede the results of the contested station lane or other authorized inspection facility inspection.

Cr. Register, June, 1993, No. 450 , eff. 7-1-93; r. and recr. Register, April, 1996, No. 484 , eff. 5-1-96; am. (1) (a) (intro.), (2), (5) (a) and (b), Register, May, 2001, No. 545 , eff. 6-1-01; CR 07-114 : am. (1) (a) and 6., (2), (5) (a) and (b) and (6) (c) Register June 2008 No. 630 , eff. 7-1-08; CR 10-088 : am. (1) (a) 4. and 6. and (6) (b) and (c) Register December 2010 No. 660 , eff. 1-1-11; 2013 Wis. Act 363 : renum. (5) (a) to (5), r. (5) (b) Register May 2014 No. 701 , eff. 6-1-14.