Wis. Stat. § 182.0175 — WI Code / Chapter 182 / Section 182.0175
Section 182.0175
Status: in_force

4. If the panel determines there is probable cause to believe that a respondent has taken an action that the respondent knew or should have known was in violation of this section, the panel may allow the respondent to attend an educational course in lieu of providing notice of probable violation to the commission under subd. 2. The one-call system shall require a respondent who agrees to attend the educational course to pay a fee before completion of the course for recovering a portion of the cost of producing the educational course and the direct cost of administering the educational course for the respondent. The one-call system shall deposit any fees collected in the damage prevention fund.

(c) Commission duties.

1. Upon the filing of a complaint under par. (bg) 2. or receipt of a referral under par. (br) 2. , the commission may, with or without notice, investigate the complaint as it considers necessary to determine if sufficient cause exists to warrant a hearing on the complaint. If the commission determines that sufficient cause exists to warrant a hearing on the complaint, the commission shall set the matter for a public hearing upon 10 days’ notice and treat the complaint as a contested case. If the commission determines that sufficient cause does not exist to warrant a hearing on the complaint, and within 30 days of that determination the complainant or respondent disputes that determination, the commission shall treat the complaint as a contested case.

2. At any time before the commission issues an order under subd. 4. , the commission and the respondent may agree to dismiss the complaint by joint execution of a consent agreement. A consent agreement shall become effective when the commission issues an order approving the consent agreement.

3. A consent agreement under subd. 2. may assess against the respondent a forfeiture under par. (d) 1. , require the respondent to attend the educational course under par. (br) 4. , or do both. Each consent agreement under subd. 2. shall include all of the following:

a. An admission by the respondent of all jurisdictional facts.

b. An express waiver of any further procedural steps and of the right to seek judicial review or otherwise challenge or contest the validity of the commission’s order approving the consent agreement.

c. A statement of the actions required of the respondent and the time by which the actions shall be completed.

4. If a complaint is treated as a contested case under subd. 1. and not dismissed under a consent agreement under subd. 2. , the commission shall determine whether probable cause exists to believe the respondent has taken an action that the respondent knew or should have known was in violation of this section. If the commission determines that the respondent has taken an action that the respondent knew or should have known was in violation of this section, the commission may issue an order that assesses a forfeiture under par. (d) 1. , requires the respondent to attend the educational course under par. (br) 4. , or does both. The commission may not issue an order under this subdivision without a hearing.

5. If a consent agreement under subd. 2. or order under subd. 4. requires a respondent to attend the educational course under par. (br) 4. , the consent agreement or order shall also require the respondent to pay the one-call system a fee determined by the one-call system for the educational course, which the one-call system shall deposit in the damage prevention fund.

(d) Forfeitures; surcharges.

1. In a consent agreement under par. (c) 2. or order issued under par. (c) 4. , the commission may directly assess a forfeiture of no more than $25,000 for each violation of this section against a person who knew or should have known that the person’s action was in violation of this section. Each day of continued violation constitutes a separate violation. No person may be required by the commission to forfeit an amount exceeding $500,000 for a single persisting violation. The commission shall remit the forfeitures to the secretary of administration for deposit in the school fund. No other forfeiture may be imposed for violating this section.

2. For each forfeiture assessed under subd. 1. , the commission shall require the person assessed to pay a surcharge equal to 10 percent of the amount of the forfeiture to the one-call system, which the one-call system shall deposit in the damage prevention fund. If the amount of a forfeiture is reduced on appeal, the amount of the surcharge shall be proportionately reduced.

(e) Lawful and reasonable orders and determinations. After the effective date of any order or determination of the commission under this section, the order or determination shall be on its face lawful and reasonable unless a court determines otherwise under s. 227.57 .

(f) Judicial review. Judicial review of an order of the commission under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch. 227 .

(g) Rules. The commission may promulgate rules implementing the requirements under pars. (c) to (e) .

(3g) Other forfeitures.

(a)

1. This subsection applies to violations involving transmission facilities that do not transport natural gas or other hazardous materials.

2. Except as provided in subd. 3. , this subsection does not apply to violations by any of the following:

a. A residential property owner or tenant whose violation of this section results from an excavation on property owned or leased by the residential property owner or tenant.

b. A person whose violation of this section results from an excavation performed while the person is engaged in an agricultural activity.

3. Subdivision 2. does not apply to an excavation performed by or on behalf of a person engaged in the business of performing excavations for the public.

(b) Any person who willfully and knowingly violates this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense.

(3r) Misdemeanor. Whoever intentionally removes, moves, or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This subsection does not apply to an excavator who removes or obliterates markings during an excavation.

(4) Right of action. Except as provided in sub. (3) (d) 1. and (e) , this section shall not affect any right of action or penalty which this state or any person may have.

(5) Right to injunction. If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5) , including a telecommunications carrier, as defined in s. 196.01 (8m) , and the public utility does not seek injunctive relief, the attorney general, upon request of the commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.

History: 1973 c. 277 ; 1977 c. 350 ; 1977 c. 449 s. 497 ; 1983 a. 189 ; 1985 a. 297 s. 76 ; 1993 a. 482 , 496 ; 1995 a. 135 ; 1999 a. 150 s. 672 ; 2005 a. 425 ; 2007 a. 96 s. 110 ; 2007 a. 203 ; 2011 a. 32 ; 2015 a. 237 , 327 ; 2017 a. 136 ; 2021 a. 238 s. 45 .