Section DWD 301.13 - Violation penalty fees(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.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