Wis. Admin. Code Department of Workforce Development § DWD 60.12 - Corrective action
(1) CONDUCT OR PERFORMANCE SHORTCOMINGS. If
the operator fails to conduct the business enterprise in compliance with the
operator's agreement or to maintain reasonable performance levels as
demonstrated by comparison with prior periods of operation in the same location
or other business enterprises of a similar type, the department shall review
the evidence with the committee and solicit the committee's recommendations for
corrective action.
(2) CORRECTIVE
ACTION ALTERNATIVES. Corrective action alternatives available to the department
include but are not limited to :
(a) Specific
or additional management and supervision services;
(b) Suspension of the license for a period
not to exceed 30 days;
(c) Demotion
of the operator to a less-demanding business enterprise; and
(d) Termination of the license.
(3) NOTICE.
(a) Exchange as provided in par. (b), no
suspension, demotion or termination shall be made until the department gives
notice to the operator, by registered or certified mail, with return receipt
requested, of facts or conduct which warrant the intended action, and the
operator has been given an opportunity to show compliance with all lawful
requirements for the retention of the license.
(b) The department may immediately suspend an
operator's license, followed by notice and the opportunity to contest the
action, if in the judgment of the department there is a substantial probability
that the behavior of the operator will result in harm to the health, safety or
welfare of other persons.
(4) GROUNDS FOR SUSPENSION. An operator's
license may be suspended for a period not to exceed 30 calendar days, except in
cases of extended illness or incapacity, on one or more of the following
grounds:
(a) Failure to operate the business
enterprise in compliance with the operator's agreement;
(b) Failure to maintain acceptable
performance levels after being provided the opportunity for additional
training; or
(c) Refusal to accept
needed training without cause.
(5) GROUNDS FOR DEMOTION. An operator may be
demoted to a lesser-demanding business enterprise on one or both of the
following grounds:
(a) Recurring noncompliance
with terms of the operator's agreement; or
(b) Repeated failure to maintain acceptable
levels of performance in operation of the business enterprise.
(6) GROUNDS FOR TERMINATION. An
operator's license may be terminated for one or more of the following reasons:
(a) Withdrawal of the operator without
notice;
(b) Withdrawal of the
permit or contract by the controlling body or organization of the building or
property in which the business enterprise is operating, due to fault of the
operator;
(c) Decision by the
department after recommendation of the committee that an enterprise is not
being operated in accordance with the law or this chapter or within the terms
and conditions of the agreement between the department and the
operator;
(d) Any willful or
malicious destruction of any equipment furnished to the operator;
(e) Willful falsification of any record or
report required to be kept or made by the operator; or
(f) Misconduct specified in s.
DWD
60.10(1).
(7) INFORMING THE OPERATOR OF RIGHTS. In the
event of suspension, demotion or termination, the operator shall be informed of
his or her right to review of the decision as provided in s.
DWD
60.05.
(8)
SURRENDER OF PREMISES.
(a) Upon suspension,
demotion or termination, the operator shall vacate the business enterprise
premises upon the effective date of that action.
(b) If a vendor-owner does not vacate the
premises as required under par. (a), the department may remove any of the
property of the business enterprise owned by the vendor-owner and place this
property in storage at the expense of the vendor-owner or else deliver it to
the vendor-owner at that person's expense.
(9) INVENTORY. Upon suspension, demotion or
termination, a physical inventory and valuation of equipment, accessories and
merchandise shall be made by the department and the operator or the operator's
representative. If the operator chooses not to be present and not to be
represented by an agent, the department may engage the assistance of a third
party.
Notes
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