Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.07 - Migrant labor camps

Current through June 24, 2024
(1) CERTIFICATE.
(a) The application fee for an annual
				certificate to operate a migrant labor camp shall be $100. Issuance of a
				certificate to operate a migrant labor camp is contingent on the migrant labor
				camp satisfying the minimum standards of this chapter.
Note:
Section
				  103.92 (1) (a),
				  Stats., requires every person maintaining a migrant labor camp in this state to
				  apply for a certificate to operate the migrant labor camp and requires the
				  application to be made annually by April 30 or 30 days prior to opening a new
				  migrant labor camp. With certain exceptions, s.
				  103.92 (3),
				  Stats., requires the department to issue a certificate if the migrant labor
				  camp is in compliance with the department's rules establishing minimum
				  standards for migrant labor camps. Section
				  103.92 (3),
				  Stats., also provides that a certificate issued by the department authorizes a
				  migrant labor camp to operate until March 31 of the next year.
(ag) A camp operator shall include with an
				application for a certificate to operate a migrant labor camp all of the
				following:
1. Documentation from the fire
				department providing fire protection for the migrant labor camp that the
				structures used for the migrant labor camp meet all local and state fire codes
				for the number of expected occupants identified on the application. The
				documentation shall be based on a fire inspection conducted no more than 6
				months before submittal of an application for a certificate to operate a
				migrant labor camp.
2. The test
				results for the water sample required under sub. (9) (ar).
3. The written procedures for the temporary
				isolation of sick or injured occupants required under s.
				DWD 301.075 (2)
				(c).
(ar) The department shall review and make a
				determination on an application for a certificate to operate a migrant labor
				camp within 140 working days after the application is received or within 20
				working days after the last inspection of the migrant labor camp that is needed
				for issuance of the certificate, whichever is sooner. The department shall
				schedule each inspection promptly, taking into consideration seasonal
				conditions and the employer's schedule for the use of the migrant labor camp.
				If 3 or more inspection visits are needed for issuance of the certificate, the
				department shall charge an additional fee of $300 for the third inspection and
				$500 for the fourth inspection and each subsequent inspection.
Note:
Section
				  103.92 (3),
				  Stats., requires the department to inspect each migrant labor camp for which an
				  application for a certificate to operate a migrant labor camp is
				  made.
(aw) Except for the
				denial of a certificate to operate a migrant labor camp that is required under
				s. 103.92 (6), (7), or
				(8), Stats., an applicant who wishes to
				contest the department's denial of a certificate may, within 30 days after the
				date of the denial, file a written request for hearing under s.
				DWD
				301.135.
Note:
Sections
				  103.92 (6), (7), and
				  (8), Stats., specify requirements for the
				  department to deny a certificate based on delinquencies in child or family
				  support, taxes, or unemployment insurance contributions and such denials are
				  subject to review as specified in those statutes.
(b) A camp operator shall file a separate
				application for a certificate to operate a migrant labor camp for each separate
				migrant labor camp that the camp operator maintains. In determining whether
				certain facilities constitute 2 or more separate migrant labor camps, the
				department shall consider the distance separating the housing units and whether
				or not there are shared facilities for the use of the people residing in the
				housing units.
(c) The department
				may not conduct any inspection for an applicant under this subsection until the
				application fee has been paid and the department has received the completed
				application.
(d) The department
				shall charge a fee of $100 for each partial inspection that is requested. A
				partial inspection is not an additional inspection visit under par.
				(ar).
(e) A visit to a migrant
				labor camp that is solely for the purpose of obtaining a water sample for
				testing is not an additional inspection visit under par. (ar).
(f) If the only purpose for an additional
				inspection visit is to verify that specified corrections have been made, the
				department may instead accept letters, emails, photos, receipts, or other
				documents from the camp operator that verify that the corrections have been
				made.
(g) A copy of the camp
				operator's certificate to operate a migrant labor camp shall be posted in a
				conspicuous place in the migrant labor camp. The posting shall be on a form
				prescribed by the department and shall be in English and in the language of the
				occupants if other than English.