Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 305 - Licenses, Certifications And Registrations › Subchapter I - General Requirements › Section SPS 305.10 - Denial, suspension and revocation

Current through June 24, 2024
(1) Except as
					 provided in sub. (2) pertaining to licenses or registrations for master
					 plumbers, journeyman plumbers, cross connection control assembly testers, and
					 utility contractors, the department may deny, suspend, or revoke a license,
					 certification, registration, or enrollment under this chapter in accordance
					 with the following provisions:
(a)
Reasons.
The department may deny, suspend, or revoke a
					 license, certification, registration, or enrollment under this chapter if the
					 department determines that an applicant or holder of the license,
					 certification, registration, or enrollment is responsible for any of the
					 following:
1. Fails to meet the
					 qualifications for the license, certification, registration, or
					 enrollment.
2. Has obtained the
					 license, certification, registration, or enrollment through fraud or
					 deceit.
3. Has demonstrated
					 negligence or incompetence in fulfilling the responsibilities or obligations of
					 the license, certification, registration, or enrollment.
4. Has a conflict of interest in fulfilling
					 the responsibilities or obligations under the license, certification,
					 registration, or enrollment.
5. Has
					 demonstrated misconduct in fulfilling the responsibilities or obligations under
					 the license, certification, registration, or enrollment.
6. Has been arrested or convicted for a crime
					 substantially related to the license, certification, registration, or
					 enrollment.
7. Has a physical or
					 mental impairment which prevents the applicant or holder from fulfilling the
					 responsibilities or obligations under the license, certification, registration,
					 or enrollment.
8. Has violated
					 state, federal, or local laws or regulations relating to the conduct of the
					 activities under the license, certification, registration, or
					 enrollment.
9. Has been certified
					 by the department of revenue under s.
					 73.0301, Stats., to be liable
					 for taxes.
10. Has been delinquent
					 in making court-ordered payments relating to the support of a child or former
					 spouse pursuant to s.
					 101.022, Stats.
11. Has failed to comply with a subpoena or
					 warrant issued by the department of workforce development or a county child
					 support agency relating to paternity or child support proceedings pursuant to
					 s. 101.022, Stats.
12. If registered or certified under ss.
					 SPS
					 305.80 to
					 305.81,
					 has performed any of the following:
a.
					 Intentionally shifted costs, for the purpose of making ineligible costs appear
					 to be eligible.
b. Intentionally
					 billed for activities not undertaken at a specific cleanup site.
c. Rebated the deductible or structured a
					 claim to provide a responsible party with a rebate or reimbursement of the
					 deductible.
d. Intentionally
					 submitted invoices or bills containing fraud, or submitted claims that were
					 incomplete or contained fraud.
e.
					 Conducted unnecessary, ineffective or incomplete remedial activities or
					 services.
f. Attempted to defraud,
					 including but not limited to false or double billing of clients for work
					 conducted.
g. Charged a fee that
					 the department determined was excessive, after written notice from the
					 department that the fee was excessive and should not have been
					 charged.
h. Exhibited a pattern of
					 attempting and failing to complete remediations of PECFA sites.
i. Performed activities that result in both
					 exceeding a cost cap established by the department, and submittal of a claim to
					 the department for the cost in excess of that cost cap.
j. Failed to pay a financial penalty assessed
					 under ch. NR 747 for a grossly ineligible cost.
13. If registered or certified under s.
					 SPS
					 305.68 or subch. VIII, has performed any of the
					 following:
a. Failed to maintain required
					 records.
b. Denied the department
					 access to requested records.
c.
					 Failed to submit a required notice or report to the department, within a
					 required time period.
d. Submitted
					 false reports to the department.
e.
					 Exhibited a pattern of submitting substantially inadequate reports.
14. If registered under s.
					 SPS
					 305.31 as a dwelling contractor, has done or has been
					 any of the following:
a. Failed to hold or to
					 engage, as an employee, a person who holds a dwelling contractor qualifier
					 certification under s.
					 SPS
					 305.315 in obtaining a building permit.
b. Engaged in the construction of a dwelling
					 without a uniform building permit when required under s.
					 SPS
					 320.08.
c.
					 Convicted of a crime related to the construction of a dwelling.
d. Adjudged bankrupt on 2 or more
					 occasions.