895.59 Liability exemption; disclosure of rule violations. - Wisconsin Statutes

895.59

895.59 Liability exemption; disclosure of rule violations.

895.59(1)

(1) In this section:

895.59(1)(a)

(a) "Agency" has the meaning given in s. 227.01 (1).

895.59(1)(b)

(b) "Small business" has the meaning given in s. 227.114 (1), but does not include an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c).

895.59(2)

(2) Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. The rule promulgated under this subsection shall include the reduction or waiver of penalties for a voluntary disclosure, by a small business, of actual or potential violations of rules or guidelines. The rule promulgated under this subsection may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. The rule promulgated under this subsection shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses and shall include all of the following situations in which discretion is not allowed:

895.59(2)(a)

(a) The agency discovers the violation before the small business discloses the violation.

895.59(2)(b)

(b) The violation is disclosed after an agency audit or inspection of the small business has been scheduled.

895.59(2)(c)

(c) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.

895.59(2)(d)

(d) The violation results in a substantial economic advantage for the small business.

895.59(2)(e)

(e) The small business has repeatedly violated the same rule or guideline.

895.59(2)(f)

(f) The violation may result in an imminent endangerment to the environment, or to public health or safety.

895.59 - ANNOT.

History: 2003 a. 145.

895.59 - ANNOT.

Cross Reference: See also ch. DHS 19 and s. Tax 1.15, Wis. adm. code.