Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter V - Approval and Inspection of Modular Multifamily Dwellings and their Components › Section SPS 361.48 - Suspension and revocation of approval

Current through June 24, 2024
The department shall suspend or revoke its approval of a
						modular multifamily building system or building system component if it
						determines that the standards for construction or the manufacture and
						installation of a modular multifamily building system or modular multifamily
						building system component do not meet the standards established under chs.
						SPS
						361 to 366 or that those standards are not being
						enforced as required by chs.
						SPS
						361 to 366. The procedure for suspension and
						revocation of approval shall be as follows:
(1) FILING OF COMPLAINT. Proceedings to
					 suspend or revoke an approval may be initiated by the department or an
					 independent inspection agency or Wisconsin commercial building 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 the time, place, and circumstance
					 of the alleged violation.
(2)
					 INVESTIGATION AND NOTIFICATION. The department may investigate alleged
					 violations on its own initiative or upon the filing of a complaint. If the
					 department determines that no further action is warranted, it shall notify the
					 complainant and the respondent, and the municipality, if applicable. If the
					 department determines that there is probable cause, it shall order a hearing
					 and notify the complainant and the respondent, and the municipality, if
					 applicable.
(3) MAILING. Unless
					 otherwise provided by law, all orders, notices, and other papers shall 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 the
					 disposition of a complaint prior to a hearing, such agreement shall be
					 transmitted in writing to the secretary. Until the agreement has been accepted
					 by the secretary, it is not considered a waiver of any defense, nor is it
					 considered an admission of any fact, and is not binding upon any party until
					 signed by all parties.
(6)
					 HEARINGS.
(a)
Subpoenas; witness
					 fees.
The department or the clerk of any court of record shall sign
					 and issue subpoenas. The respondent shall pay the witness fees and mileage of
					 the witnesses subpoenaed on behalf of the department at the rate prescribed for
					 witnesses in circuit court.
(b)
Conduct of hearings.
All hearings shall be conducted in
					 accordance with s.
					 101.02,
					 Stats.