Wis. Admin. Code NR 146.09
Suspension and revocation
Cite as Wis. Admin. Code NR § 146.09
Suspension and revocation.
(1) Grounds for action. The department may suspend or revoke a license or registration under this chapter for any of the following reasons:
(a) The licensee or registrant made a material misstatement in the application for the license, registration, or any application for renewal of the license or registration.
(b) The licensee or registrant demonstrated incompetency to act in the industry or industries for which the license or registration was issued.
(c) The licensee or registrant willfully violated a second time or more any provision of ch. 280 , Stats., or any rule, regulation or order prescribed by the department.
(d) The licensee or registrant was found guilty in any civil or criminal proceeding of any action constituting fraud in connection with water well drilling, heat exchange drilling, or pump installing activities or operations.
(2) Suspension and revocation activities. No person whose license or registration has been suspended or revoked may engage in the business of water well drilling, heat exchange drilling, or pump installing during the suspension or revocation period unless all of the following apply:
(a) Water well drilling activities are performed under the direct supervision of a licensed water well driller; heat exchange drilling activities are performed under the direct supervision of a licensed heat exchange driller; and pump installing activities are performed under the direct supervision of a licensed pump installer.
(b)
1. All of the following requirements that are applicable are met:
a. The water well driller whose license was suspended or revoked is employed by and under the direct supervision of a licensed water well driller or is employed by a registered water well drilling business and under direct supervision of the supervisory water well driller for the business.
b. The heat exchange driller whose license was suspended or revoked is employed by and under direct supervision of a licensed heat exchange driller or is employed by a registered heat exchange drilling business and under direct supervision of the supervisory heat exchange driller for the business.
c. The pump installer whose license was suspended or revoked is employed by and under the direct supervision of a licensed pump installer or is employed by a registered pump installing business and under direct supervision of the supervisory pump installer for the business.
2. A copy of the employment contract under par. (b) , (c) , or (d) is provided to, and approved by, the department before any water well drilling, heat exchange drilling, pump installing, or well filling and sealing activities are commenced. An employment contract entered into to meet the requirements of this chapter shall include the assignment of responsibility for supervision, submission of reports, and completion of work in compliance with all applicable laws and rules and with any plans, specifications, variances, and approvals approved by the department to the supervisory water well driller, supervisory heat exchange driller, or supervisory pump installer.
(c) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of any water well drilling, heat exchange drilling, or pump installation the individual or person whose license or registration was suspended or revoked will be working on at least 48 hours in advance, except that emergency pump installations shall be reported before 8:00 a.m. on the first business day following the work.
(d) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of each water well drilling rig, heat exchange drilling rig, or pump installation truck owned, leased or used by the individual or person whose license or registration was suspended or revoked and of any change in the location of any rig or truck during the suspension or revocation period.
(3) Reinstatement.
(a) An individual whose license was suspended based on incompetency to act in the industry or industries for which a Wisconsin license was issued shall demonstrate competency to engage in the industry or industries by passing an exam administered under s. NR 146.045 before the suspension is ended by the department.
(b) An individual whose license has been revoked may apply for a new license one year or thereafter after the date of revocation. A license application from an individual whose license was revoked is not a renewal. A person whose registration has been revoked may apply for a new registration one year or thereafter after the date of revocation.
(c) An individual whose water well driller, heat exchange driller, or pump installer license was revoked shall demonstrate knowledge to engage in water well drilling, heat exchange drilling, or pump installing by passing an examination administered under s. NR 146.045 . An individual who has had a water well driller, heat exchange driller, or pump installer license revoked for incompetency is not eligible for license reinstatement until competency has been demonstrated in the activity for which the individual was deemed incompetent. Alternatively, the department may grant a conditional license to the applicant that restricts the individual from engaging in the activity for which the individual was deemed incompetent. Competency shall be demonstrated by performing the activity while working under the direct supervision of an individual licensed for that activity for at least 2 years without violations.
(d) An individual whose license was suspended for willful violations and has failed to comply with requirements of the suspension order so that the suspension extends longer than one calendar year, shall take and pass the exam to become licensed, as provided in s. NR 146.07 (2) .