1. (1) Inspections and access to premises.

   1. (a) Inspections. Pursuant to ss. 93.07 (24) (e), 93.08, and 97.65, Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any lodging facility or premises at any reasonable time, for any of the following purposes:

      1. 1. To inspect the lodging facility.
      2. 2. To determine if there has been a violation of this chapter or ss. 97.605 to 97.65, Stats.
      3. 3. To determine compliance with previously written orders to correct violations.
      4. 4. To secure samples or specimens.
      5. 5. To examine and copy relevant documents and records related to the operation of the lodging facility.
      6. 6. To obtain photographic or other evidence needed to enforce this chapter.

   2. (b) Reinspection or administrative follow-up.

      1. 1. The department or its agent may perform a reinspection or an administrative follow-up at a lodging facility whenever an inspection or the investigation of a complaint reveals any of the following conditions:

         1. a. Presence of an imminent hazard that cannot be corrected during the inspection.
         2. b. An inspection reveals 6 or more priority violations, regardless if they have been corrected during the inspection.
         3. c. Repeat violations, whether corrected during the inspection or not, are documented on 3 consecutive inspections regardless of inspection type.
         4. d. The department’s authorized representative and that representative’s supervisor determine there is a lack of active managerial control at the lodging facility, based on the quantity and the criticality of the violations observed on the most recent inspection.
      2. 2. A reinspection or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient time to correct the violations.
      3. 3. A reinspection or administrative follow-up fee shall be charged for the reinspection or administrative follow-up in the amount listed in s. ATCP 72.08 Table A or B or applicable amount as determined by an agent of the department.
      4. 4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled time, the department or its agent shall assess a second or subsequent reinspection or administrative follow-up fee in the amount listed in s. ATCP 72.08 Table A or B, pursuant to s. ATCP 72.08 (2) (d), and the department or its agent may order the operator to show just cause why the license should not be suspended or revoked, pursuant to s. ATCP 72.10.

2. (2) General orders to correct violations.

   1. (a) Written orders. If, upon inspection of a lodging facility, the department or agent finds that the lodging facility is not designed, constructed, equipped, or operated as required under this chapter, the department or its agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction shall be made. The time period specified in the order may be extended at the discretion of the department or its agent as specified in par. (c).

   2. (b) Failure to correct a violation.

      1. 1. If a violation is not corrected by the expiration of the time period stated in the order given pursuant to par. (a), or any extension of time granted pursuant to par. (c), the department or its agent may issue a special order pursuant to s. ATCP 72.10 to suspend or revoke the license to operate the lodging facility. An order for suspension or revocation shall take effect as provided pursuant to s. ATCP 72.10.
      2. 2. Pursuant to ss. 97.12 (5), 97.65 (5), and 97.72, Stats., any person who fails to comply with an order of the department or its agent may be subject to a forfeiture or criminal penalties. A person may appeal a forfeiture pursuant to s. ATCP 72.11 or s. ATCP 72.12.

   3. (c) Requests for an extension to correct a violation.

      1. 1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance.
      2. 2. To request an extension to correct a violation, the operator shall contact the department or its agent before the time specified in the written order to correct the violation expires. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

3. (3) Temporary orders.

   1. (a) Conditions for a temporary order. As provided in s. 97.65 (2) (a), Stats., whenever, as a result of an inspection pursuant to sub. (1), the department or its agent has reasonable cause to believe that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the department or its agent may issue a temporary order and cause it to be delivered to the licensee, the owner, or the person in charge. The order may prohibit the continued operation or method of operation of specific equipment, or require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The department or its agent may order the cessation of all operations authorized by the license only if a more limited order does not remove the immediate danger to health.

   2. (b) Duration of a temporary order; action prohibited.

      1. 1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 calendar days from the date of delivery, but a temporary order may be reissued for one additional 14 calendar day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
      2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or its agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first, unless, as provided pursuant to par. (c), the department or its agent provides notice that an immediate danger to health or safety is present. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or its agent shall immediately notify the licensee, the owner, or the person in charge in writing and the temporary order shall terminate upon receipt of the written notice.
   3. (c) Notice of findings upon analysis or examination. If the analysis or examination under sub. (1) shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or its agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator, or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued pursuant to s. ATCP 72.10. The notice, if issued by the department, shall include a statement that the facility has a right to request a hearing pursuant to s. ATCP 72.11, within 15 calendar days after issuance of the notice.

   4. (d) Failure to comply with temporary order; forfeitures and penalties.

      1. 1. Pursuant to s. 97.65 (5) (a), Stats., any person who fails to comply with a temporary order issued by the department or its agent may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both.
      2. 2. Pursuant to s. 97.72 (2), Stats., in lieu of any criminal penalty, a person who violates provisions in this chapter may be required to forfeit not more than $1,000 for each violation.

4. (4) Action plans.

   1. (a) Required components. When required by the department, its agent, or this chapter, the operator shall develop, on a form provided by the department, an action plan for compliance and the license is conditioned until all issues identified in the action plan have been resolved. The action plan shall include all of the following:

      1. 1. A description of the violation and code citation.
      2. 2. The steps the operator will take to correct the violation.
      3. 3. The date by which compliance will be achieved.
   2. (b) Conditional status. Pursuant to s. ATCP 72.07 (5) (c), the operator’s license shall be placed in a conditional status.
   3. (c) Continued noncompliance. The department or its agent shall void the lodging facility license pursuant to s. ATCP 72.07 (5) (c) if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26; correction in (3) (c), (d) 2. , (4) (c) made under s. 35.17, Stats., Register October 2025 No. 838.