Section NR 524.14 - Suspension or revocation and refusal to renew certifications(1) The department may make investigations and may, on its own motion, revoke, suspend or refuse to renew any certification under this chapter if the department finds that the holder of the certification has done any of the following: (a) Made a material misstatement in an application for initial certification or any application for recertification.(b) Demonstrated incompetence to operate a facility.(c) Falsified any monitoring or operating or other records maintained at the solid waste disposal facility or submitted to the department.(d) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 289, Stats., or any administrative rules, licenses or orders under those sections.(e) Repeatedly failed to perform any of the duties in s. NR 524.06.(2) Notice of revocation, suspension or refusal to renew a certificate shall be served on the certified facility manager or certified site operator and the owner or operator of the solid waste disposal facility, and shall state the reasons for revocation, suspension or refusal to renew.(3) A revocation, suspension or refusal to renew a certificate shall take effect on the 30th day after the notice is received, unless the certified facility manager or site operator files a written request for a hearing under s. 227.42, Stats., with the department prior to the 30th day, and the written request is granted under s. 227.42, Stats. If the request for a contested case hearing is granted, the revocation, suspension or refusal to renew is stayed and the department shall conduct a hearing on the matter. If after the hearing the department finds that sufficient grounds exist under sub. (1) to revoke, suspend or refuse to renew the certification, it shall affirm or modify its earlier decision. The final decision of the department, including the reasons for the revocation, suspension or refusal to renew a certificate shall be provided in writing to the facility manager or site operator. The final decision is subject to judicial review under ss. 227.52 to 227.53, Stats. (4) In lieu of suspending, revoking or refusing to renew a certification under this chapter, the department may require the certified facility manager or certified site operator to undergo additional training specified by the department as necessary to correct any deficiency specified by the department in its notice of revocation, suspension or refusal to renew.Wis. Admin. Code Department of Natural Resources NR 524.14
Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: am. (1) (b) Register January 2006 No. 601, eff. 2-1-06.Amended by, correction in (1) (a), (b), and (c) made under s. 35.17, Stats., Register July 2015 No. 715, eff.8/1/2015.