1. (1) Certification required.

   1. (a) No weights and measures service company may employ or direct an individual to do any of the following, with respect to a weighing or measuring device, unless the department has certified that individual in a category under sub. (4) that includes that device:

      1. 1. Remove an official rejection tag or mark applied under s. ATCP 92.09 (2).
      2. 2. Test, calibrate, service, or seal a weighing or measuring device.
      3. 3. Verify that the weighing or measuring device is correct.

   2. (b) No individual operating a weights and measures service company may engage in any of the activities under par. (a) unless that individual is certified under par. (a).

      Note: An individual operating a weights and measures service company must also be licensed under s. ATCP 92.20.

2. (2) Application for certification. An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual certified under sub. (1). The applicant shall apply on a form provided by the department. An application shall include, for each individual to be certified, all the following:

   1. (a) The individual’s full name (first, middle, and last) and birth date.

   2. (b) Proof that the individual has met the examination requirement under sub. (3) (a), or is currently certified by another state as provided in sub. (3) (b).

      Note: You may obtain application forms at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

      Wisconsin Department of Agriculture, Trade and Consumer Protection
      Division of Trade and Consumer Protection
      Weights & Measures Program
      P.O. Box 8911
      Madison, WI 53708-8911.

3. (3) Examination required.

   1. (a) The department may not certify an individual under sub. (1) in any category under sub. (4) unless one of the following applies:

      1. 1. The individual has passed the central weights and measures association registered service persons examination, or another examination approved by the department, in that category.
      2. 2. The individual is currently certified in an equivalent category in another state, and has passed an examination under subd. 1. within 5 years prior to the date on which the department receives the certification application under sub. (2).

   2. (b) An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual take an examination required under par. (a). The applicant shall apply to the department, on a form provided by the department. The application shall include, for each individual, all the following:

      1. 1. The individual’s full name (first, middle, and last) and birth date.
      2. 2. An address and telephone number at which the applicant may be contacted to schedule the examination.

      3. 3. A $30 examination fee. A single fee entitles an individual to take examinations in one or more certification categories on the same day.

         Note: You may obtain exam application forms by writing to:

         Wisconsin Department of Agriculture, Trade and Consumer Protection
         Division of Trade and Consumer Protection
         Weights & Measures Program
         P.O. Box 8911
         Madison, WI 53708-8911.

   3. (c) Whenever the department receives a complete application under par. (b), the department or its agent shall schedule an examination date with the applicant. The examination date shall be not later than 60 days after the date on which the department receives the complete application, unless the applicant agrees to a later date.

4. (4) Certification category. The department may certify an individual in one or more of the device categories for which the central weights and measures association provides examinations.

   Note: Currently, the Central Weights and Measures Association provides examinations in the following device categories: HB44 general code, retail computing scales, medium capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor scales, retail motor fuel dispensers, vehicle tank meters, LPG meters, loading rack meters, and agricultural chemical and mass flow meters.

5. (5) Action on certification. The department shall grant or deny an application under sub. (2) within 45 days after the examination date under sub. (3) (c) except that, if no examination is required under sub. (3), the department shall grant or deny an application under sub. (2) within 45 days after the department receives a complete application.
6. (6) Certification expires. A certification under sub. (1) expires 5 years after the department issues that certification.
7. (7) Denying, suspending, or revoking a certification. The department may deny, suspend, or revoke a certification under sub. (1) for cause, pursuant to s. 93.06 (7), Stats., and ch. ATCP 1. Cause may include a violation of this chapter or ch. 98, Stats.

History

History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03, except (1) eff. 12-31-04; CR 09-105: am. (3) (b) 3. Register December 2010 No. 660, eff. 1-1-11.