Wis. Admin. Code Department of Workforce Development § DWD 301.13 - Violation penalty fees

Current through March 28, 2022

(1) PURPOSE. This section applies to post-occupancy inspections of migrant labor camps and other situations in which the department determines that a violation of the statutes or the administrative rules has taken place. The intent of this section is to supplement the system of code enforcement based on citations taken to court with a system based on administrative penalty fees. A penalty fee system enables the department to focus on violations that are serious and base the size of the fee on the degree of danger created by the violation.

Note: Section 103.965(1), Stats., provides that in most cases there shall be a correction period for migrant code violation: ``(I)f the department determines that any person has violated ss. 103.90 to 103.97 the person shall have a reasonable time, not to exceed 15 days from the day he or she receives notice of the violation, to correct the violation. If the violation is corrected within that period, no penalty may be imposed under s. 103.97." The violation penalty fees in this section of the code will apply only to violations that are not corrected within the specified correction period.

(2) ISSUANCE. A penalty fee assessment may be issued by the migrant services bureau director or the director's designee.
(3) SEVERITY OF RISK.
(a) Code violations shall be rated on a severity scale of high, medium and low.
(b) A high severity violation may result in a penalty fee assessment of no more than $1,000.00. A medium severity violation may result in a penalty fee assessment of no more than $500.00. A low severity violation may result in a penalty fee assessment of no more than $250.00.
(4) CLASSIFICATION OF VIOLATIONS.
(a) The following violations are examples of the high severity classification:
1. Operating an uncertified migrant labor camp (s. 103.92, Stats.)
2. Drinking water not tested (s. DWD 301.07(9) ).
3. Disposal of excreta and liquid waste not in compliance (s. DWD 301.07(10) ).
4. Lack of functioning permanent heater in living unit or service building (s. DWD 301.07(13) ).
5. Electrical outlet, washing machine, or refrigerator not effectively grounded (s. DWD 301.07(14) ).
6. Electrical wiring in unsafe condition (s. DWD 301.07(14) ).
7. Lack of flush toilet as required by code (s. DWD 301.07(15) ).
8. Presence of privy in violation of code (s. DWD 301.07(15) ).
9. Lack of required kitchen facilities (s. DWD 301.07(17) ).
10. Lack of sink with hot and cold water in kitchen (s. DWD 301.07(17) ).
11. Violation of requirement for 2 means of escape (s. DWD 301.07(21) ).
12. Violation of requirement for second exit, second stairway or fire escape on second story (s. DWD 301.07(21) ).
13. Violation of code requirements as to fire extinguisher, flammable materials, secure L.P. gas cylinder, safety valve on gas hot water heater, or smoke detector (s. DWD 301.07(21) ).
14. Violation of requirements as to pesticides (s. DWD 301.07(8) (f), (21) (m) ).
(b) The following violations are examples of the medium severity classification:
1. Lack of cold water tap as required by code.
2. Housing not in good repair, cracks to outside, lack of smooth flooring, or violation of space or ceiling height requirements (s. DWD 301.07(11) ).
3. Violation of window, screening or screen door requirements (s. DWD 301.07(11) (i), (12) ).
4. Lack of electrical outlets (s. DWD 301.07(14) (e) ).
5. Violation of requirements on hand washing sinks, showers, or washing machines (s. DWD 301.07(16) ).
6. Lack of fireproof material behind stove unit (s. DWD 301.07(17) ).
7. Violation of garbage can or garbage pickup requirements (s. DWD 301.07(18) ).
8. Mattress not clean or with waterproof cover (s. DWD 301.07(20) ).
9. Lack of first-aid kit (s. DWD 301.07(21) ).
10. Violation of handrail or platform step requirements (s. DWD 301.07(11) ).
(c) The following violations are examples of the low severity classification:
1. Code violations as to odors, noise, traffic, weeds, ground depressions, debris, or livestock proximity (s. DWD 301.07(8) ).
2. Lack of space for recreation (s. DWD 301.07(8) (d) ).
3. Code violation as to common drinking cups (s. DWD 301.07(9) ).
4. Violation of requirements for partition, or shelf and pole for personal effects (s. DWD 301.07(11) ).
5. Violation of requirement for light fixture or light in a yard area (s. DWD 301.07(14) ).
6. Lack of toilet paper holder (s. DWD 301.07(15) ).
7. Violation of sign requirements. (s. DWD 301.07(21) ).
8. Lack of dressing space in shower room (s. DWD 301.07(16) ).
9. Lack of laundry tub (s. DWD 301.07(16) ).
10. Inadequate central mess facility (s. DWD 301.07(17) ).
11. Presence of vermin (s. DWD 301.07(8) (b), (19) ).
(5) ADMINISTRATIVE REVIEW.
(a) After the department has assessed a penalty fee, the camp operator, the employer or any affected employee may request an administrative review. All requests for administrative review shall be in writing and must be mailed to the department within 15 days of the notice of penalty assessment. A request for administrative review shall specify the reasons for contesting the penalty assessment.
(b) The administrative review shall be conducted by a designated department employee other than the employee who issued the penalty assessment. The administrative review is not a contested case proceeding. The administrative review shall conclude with a written determination that either affirms, reverses or modifies the initial determination.

Notes

Wis. Admin. Code Department of Workforce Development § DWD 301.13
Cr. Register, December, 1997, No. 504, eff. 1-1-98; correction in (4) (b) 1. made under s. 13.93(2m) (b) 7, Stats., Register December 2007 No. 624.

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