AB454-ASA1,1,76 440.08 (2) (a) 64k. Radon mitigator: January 1 of each odd-numbered year;
7$41.

AB454-ASA1,1,13 13440.97 Definitions. In this subchapter:

AB454-ASA1,1,14 14(1) "Building" has the meaning given in s. 101.125 (1) (a).

AB454-ASA1,2,2

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1(2) "Client" means a person who contracts with a radon mitigator for radon
2mitigation.

AB454-ASA1,2,4 3(3) "Compensation" means direct or indirect payment, including the
4expectation of payment whether or not actually received.

AB454-ASA1,2,8 5(4) "Dwelling unit" means a structure or that part of a structure that is used
6or intended to be used as a home, residence or sleeping place by one person or by 2
7or more persons who are maintaining a common household, to the exclusion of all
8others.

AB454-ASA1,2,11 9(5) "Radon mitigation" means any method, including the use of any product or
10device, designed to eliminate or reduce the emission or accumulation of radon gas in
11a building.

AB454-ASA1,2,13 12(6) "Radon mitigator" means an individual who, for compensation, conducts
13radon mitigation.

AB454-ASA1,2,15 14(7) "Wisconsin registered radon mitigator" means an individual who is
15registered as a radon mitigator under this subchapter.

AB454-ASA1,2,17 16440.971 Registry established. The department shall establish a registry of
17radon mitigators.

AB454-ASA1,2,21 18440.9712 Use of title. (1) No individual may use the title "Wisconsin
19registered radon mitigator", use any title or description that implies that he or she
20is registered under this subchapter or represent himself or herself to be registered
21under this subchapter unless the individual is registered under this subchapter.

AB454-ASA1,2,25 22(2) A business entity may use, in connection with the name or signature of the
23business entity, the title "Wisconsin registered radon mitigators" to describe the
24business entity's services, if one business representative of the business entity is
25registered under this subchapter.

AB454-ASA1,3,2

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1440.972 Registration requirements. (1) The department shall register an
2individual under this subchapter if the individual does all of the following:

AB454-ASA1,3,43 (a) Submits an application for registration to the department on a form
4provided by the department.

AB454-ASA1,3,55 (b) Pays the fee specified in s. 440.05 (1).

AB454-ASA1,3,76 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
7to the department that he or she does not have an arrest or conviction record.

AB454-ASA1,3,88 (d) Passes an examination under s. 440.973.

AB454-ASA1,3,10 9(2) The renewal date and renewal fee for certificates granted under this
10subchapter are specified under s. 440.08 (2) (a) 64k.

AB454-ASA1,3,12 11440.973 Examinations. (1) No person may be registered under this
12subchapter unless he or she passes an examination approved by the department.

AB454-ASA1,3,15 13(2) The department shall conduct examinations for radon mitigator
14registration at least semiannually at times and places determined by the
15department.

AB454-ASA1,3,18 16(3) An individual is not eligible for examination unless the individual has
17satisfied the requirements for registration under s. 440.972 (1) (a) to (c) at least 30
18days before the date of the examination.

AB454-ASA1,3,20 19440.974 Rules. (1) The department shall promulgate rules necessary to
20administer this subchapter, including rules to establish all of the following:

AB454-ASA1,3,2221 (a) Standards for acceptable examination performance by an applicant for
22registration.

AB454-ASA1,3,2423 (b) Standards for the practice of radon mitigation by Wisconsin registered
24radon mitigators.

AB454-ASA1,4,3

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1(c) The information that a Wisconsin registered radon mitigator is required to
2provide to a client concerning the radon mitigation conducted by the Wisconsin
3registered radon mitigator.

AB454-ASA1,4,8 4(2) The department may promulgate rules establishing continuing education
5requirements for individuals registered under this subchapter. The rules
6promulgated under this subsection may require continuing education if it is
7necessary to preserve the public health, safety or welfare or as a part of the
8disciplinary process to ensure competency.

AB454-ASA1,4,12 9440.975 Standards of practice. (1) In this section, "reasonably competent
10and diligent radon mitigation" means radon mitigation that complies with the
11standards established under this subchapter or the rules promulgated under this
12subchapter.

AB454-ASA1,4,15 13(2) A Wisconsin registered radon mitigator shall perform reasonably
14competent and diligent radon mitigation to reduce radon in the building in which he
15or she is conducting the radon mitigation.

AB454-ASA1,4,18 16440.976 Disclaimers or limitation of liability. No Wisconsin registered
17radon mitigator may include, as a term or condition in an agreement to conduct radon
18mitigation, any of the following:

AB454-ASA1,4,20 19(1) A provision that disclaims the liability of the Wisconsin registered radon
20mitigator for his or her negligence.

AB454-ASA1,4,23 21(2) A provision that limits the amount of damages for liability of the Wisconsin
22registered radon mitigator to the amount of the fee or compensation paid to the
23Wisconsin registered radon mitigator for his or her radon mitigation.

AB454-ASA1,5,2 24440.978 Discipline; prohibited acts. (1) Subject to the rules promulgated
25under s. 440.03 (1), the department may make investigations or conduct hearings to

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1determine whether a violation of this subchapter or any rule promulgated under this
2subchapter has occurred.

AB454-ASA1,5,6 3(2) Subject to the rules promulgated under s. 440.03 (1), the department may
4reprimand a Wisconsin registered radon mitigator or deny, limit, suspend or revoke
5a certificate under this subchapter if the department finds that the applicant or
6Wisconsin registered radon mitigator has done any of the following:

AB454-ASA1,5,87 (a) Made a material misstatement in an application for a certificate or renewal
8of a certificate.

AB454-ASA1,5,119 (b) Engaged in conduct while practicing as a Wisconsin registered radon
10mitigator that evidences a lack of knowledge or ability to apply professional
11principles or skills.

AB454-ASA1,5,1312 (c) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an
13offense committed while registered under this subchapter.

AB454-ASA1,5,1414 (d) Advertised in a manner that is false, deceptive or misleading.

AB454-ASA1,5,1615 (e) Advertised, practiced or attempted to practice as a Wisconsin registered
16radon mitigator under another person's name.

AB454-ASA1,5,1817 (f) Allowed his or her name to be used by another person while the other person
18was practicing or attempting to practice as a Wisconsin registered radon mitigator.

AB454-ASA1,5,2119 (g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a Wisconsin
20registered radon mitigator while the individual's ability to practice was impaired by
21alcohol or other drugs.

AB454-ASA1,5,2422 (h) Acted as a Wisconsin registered radon mitigator in connection with a
23transaction in which he or she was also a principal, appraiser or broker without full
24disclosure to and the written consent of all parties to the transaction.