(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 ss.
103.90 to
103.97, Stats., or this chapter
has taken place. The intent of this section is to supplement the system of
enforcement under s. 103.97, Stats., that is based on
citations taken to court with a system based on administrative assessment of
penalty fees. A system based on administrative assessment of penalty fees
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.
(2) ISSUANCE. Subject to sub. (3), the
department may issue a penalty fee assessment for a violation of ss.
103.90 to
103.97, Stats., or this chapter
that is not corrected within a correction period specified in s.
103.965 (1),
Stats.
Note: Section
103.965 (1),
Stats., provides that in most cases there is a correction period for
violations: "Except as provided in [s.103.965 (2), Stats.], if 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." Section
103.965 (2),
Stats., specifies violations for which there is no correction
period.
(3) SEVERITY OF
RISK. Violations of ss.
103.90 to
103.97, Stats., and this chapter
shall be rated on a severity scale of high, medium, and low. 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.
(5)
ADMINISTRATIVE REVIEW. Any person who wishes to contest the issuance of a
penalty fee assessment under sub. (2) may, within 30 days after the date of the
issuance, file a written request for hearing under s.
DWD 301.135.
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.
Amended by, CR 23-030: am. (1), (2), cons. (3)
(a) and (b) and renum. (3) and am., r. (4), r. and recr. (5)
Register
January 2024 No. 817, eff.
2/1/2024
