What the statutes mean

Note: This section combines the statutes and administrative rules that apply to fitness centers.

It is not unusual for a chiropractor to have an ownership interest in a fitness center; either as part of their practice facility or, as a separate business entity. Individuals that own fitness centers are required to follow the unique statutes and rules that apply to businesses of that type. The fact that the fitness center is operated by a chiropractor in the same building as their practice does not exempt him or her from these requirements.

A fitness center is a business that, for profit, provides as its primary purpose services or facilities that assist patients or members of the public in physical exercise, in weight control, or in figure development. This includes fitness centers, studios, salons or clubs. You can distinguish a fitness center from a chiropractor’s rehabilitation facility by the method of billing for the use of the facility.

If all billing for the use of the facility is being done by CPT code on CMS 1500 forms billed to an insurance company or the patient, it is likely that the facility is merely an extension of the chiropractor’s practice. If a chiropractor charges a separate fee for use of the facility by patients or members of the general public, then the facility meets the definition of a fitness center and the following statues and rules for the operation of the facility apply.

What the law requires

If you sell memberships of any length, you must give the patient or member of the public a copy of the contract at the time they sign it. In addition, each contract must:

• Disclose the name and location of your facility.
• List the general type of services available.
• List the conditions or restrictions on use of the facility.
• Be available for use within 6 months after the contract is signed, if it is a new facility.
• Be for a specific period of time, not to exceed 2 years.
• Disclose the full price including interest or other charges.

Contract legal disclosures.

In addition to the general requirements, the law requires that specific language be in every contract as follows.

• Every contract must have a caption printed in boldface uppercase type of not less than 10-point size entitled “CANCELLATION AND REFUNDS”.

• Every contract must have a provision under the caption stating: “Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd operating day after the date on which you signed the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying .... (the seller) by any writing mailed or delivered to .... (the seller) at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you, less a user fee of no more than $3 per day of actual use, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by .... (the seller) and arrangements will be made to relieve you of any further obligation to pay the same.”

If the facility and services are available at the time the contract is signed, the contract should state this fact to be in full compliance with the law.

Additional contract requirements:

• No contract may require payment of more than $25 or 10% of the total contract price, whichever is less, prior to the date on which the buyer receives written notice that the facilities and services described in the contract are available for full use.

• No contract for fitness center services may require an individual, who decides to cancel, to pay more than a $3 user fee per day for use of facilities and services during the cancellation period.

• The contract must tell the buyer if the facility, or any of the services, become unavailable or are no longer fully operational before the contract ends, the buyer is only liable for only that proportionate time they had use of the facilities or services. They must be given a refund for the unfullfilled portion of the contract.

• If the buyer dies or is disabled, they are owed a refund for the proportionate time left on the contract.

Even though there is a contract, nothing prevents you from:

• Performing regular maintenance
• Making prompt equipment repairs.
• Making improvements to the facilities or services.
• Replacing a facility or service with a superior facility or service.

Financial responsibilities

You may not collect or require the buyer to pay more than $100 for services before the buyer receives or has the opportunity to receive services unless you establish one of the following proofs of financial responsibility for all amounts received from buyers:

• A bond.
• A certificate of deposit.
• An irrevocable letter of credit.
• Maintaining an established escrow account approved by the department of agriculture, trade and consumer protection .

These instruments must be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund as required by the statutes.

Unenforceable contracts

Your contract is unenforceable if:

• The buyer entered into the contract in reliance upon any false, fraudulent, deceptive or misleading information, representation, notice or advertisement.
• The contract does not comply with the requirements of the law.
• You do not perform in accordance with the requirements of the contract or the law.
• The contract contains a provision in which the buyer agrees to waive this requirement.

Penalties

The Department of Health and Human Services investigates violations of the law. They may:

• Bring an action for temporary or permanent injunctive or other relief for any violation.
• Bring an action for the recovery of civil forfeitures against you in an amount not less than $100 or more than $10,000 for each violation.
• Bring an action in circuit court you if you fail to refunds a buyer’s money as required under the law.

Any person injured by a breach of a contract may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and any other financial relief that the court may give them.

Fitness center staff requirements

Just as a chiropractor and his or her staff must have the training and education required under state law, fitness center employees also have training and education requirements.

• At all times the facility is open and available for use, you must have at least one employee on site who has satisfactorily completed a course in basic first aid and basic cardiopulmonary resuscitation (CPR) taught by an individual, organization or institution of higher education approved by HSS.

• Each of your employees, within 90 days after hire, must complete at least one course in basic first aid and basic cardiopulmonary resuscitation (CPR) taught by an individual, organization or institution of higher education approved by the department.

• You must post a notice on the premises of the facility stating the requirement for first aid and CPR training and the list penalties described in 100.177 (15) (see statute excerpts below)

State standards for HSS approval of First Aid and CPR

CPR Training

To satisfy the law’s training requirements your employees must have up-to-date certification in CPR through either the American Heart Association (AHA) or the American Red Cross (ARC). The required minimum level of AHA certification is Heartsaver and the required minimum level of ARC certification is Adult CPR, both of which consist of 4 hours of instruction, practice and testing.

First Aid Training

Your employees must be certified in ARC standard first aid or its equivalent. Certification that is equivalent to ARC standard first aid certification must be based on first aid training that consists of a minimum of 5 hours of classroom instruction, skill practice and competency testing and a final written examination, with training in theory and practice in following content areas:

• Introduction to first aid training
• Legal aspects of first aid treatment 4 Activating the emergency medical system
• Basic anatomy and physiology
• Patient assessment and evaluation
• Wound care and shock
• Musculoskeletal injuries
• Spinal and head injuries
• Eye and nose injuries
• Emergency movement
• Medical problems including asthma and anaphylaxis, epilepsy, diabetes, heat exhaustion, heat stroke, frost nip, frost bite, hypothermia, poisoning, drug overdose and stroke.

Trainer qualifications.

An employee of yours may teach basic first aid to fitness center employees if they are:

• Certified in American Red Cross standard first aid or its equivalent
• Generally familiar with laws and legal concepts pertinent to the handling of victims of medical emergencies.
• Experienced in teaching at least one course under the direct supervision of another instructor or supervisor which includes all topics and skills covered by the course.

An employee of yours may teach CPR to your fitness center employees if they have:

• Up-to-date AHA or ARC certification as a CPR instructor.

If you choose to offer your employees non-ARC first aid training course, you must have the course approved by HSS before it is offered. HSS must approve your curriculum, procedures, administrative details and guidelines necessary to ensure a standardized training program. You may not teach the course until it has been approved by HSS. The plan submitted to HSS must:

• Identify the course trainer.
• Identify and describe the roles, responsibilities and qualifications of the training course coordinator and course trainer.
• Identify and describe the relationship of the course trainer to your business.
• Describe the course in reference to the requirements set out in these rules including the content areas, clock hours, competency testing standards and procedures and training methods.
• List the objectives and the equipment to be used for each content area.
• Be submitted to HSS at least 90 days prior to the beginning date for the course. The plan is not complete until all required information and materials have been received by the department. HSS will approve or deny the plan within 75 days.
• You may not change your plan unless you receive written permission from HSS.
• Upon completion of a first aid training course, the trainer must submit a list of fitness center employees who satisfactorily completed the course to HSS.
• You, or your trainer must biennially review the plan, update it as necessary and submit it to the HSS. HSS’s approval of the updated plan is required for continuation of first aid training.

Statute excerpts

100.178 Fitness center staff requirements
HFS174.01 Purpose and authority
HFS174.02 Applicability
HFS175.03 Definitions
HFS174.04(1) General requirements
HFS174.04(2) CPR training
HFS174.04(3) First aid training
HFS174.06(1) Approval requirement
HFS174.06(2) Plan submission
HFS174.06(3) Deadline for submission
HFS174.06(4) Review and decision
HFS174.06(5) Implementation
HSF174.06(6) Report to department
HSF174.06(7) Plan review
HSF174.07(1) Denial
HSF174.07(2) Revocation
HSF174.07(3) Appeal

100.177 Fitness center and weight reduction center contracts.

100.177(1) In this section:

100.177(1)(ag) “Center” means a fitness center or a weight reduction center.

100.177(1)(am)”Conspicuous” has the meaning designated under s. 421.301 (8).

100.177(1)(b) “Contract for center services” or “contract” means any of the following:

100.177(1)(b)1. A contract for membership in any center.

100.177(1)(b)2. A contract for instruction, training, assistance or use of facilities primarily for physical exercise, in weight control, or in figure development.

100.177(1)(b)3. A contract for instruction, supervision or counseling for diet or weight loss or maintenance.

100.177(1)(c) “Fitness center” means an establishment that, for profit, provides as its primary purpose services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development, including but not limited to a fitness center, studio, salon or club. “Fitness center” does not include an organization solely offering training or facilities in an individual sport or a weight reduction center.

100.177(1)(d) “Operating day” means any calendar day on which the buyer may inspect and use the facilities and services of the center during a period of at least 8 hours.

100.177(2) The seller shall give the buyer a copy of the written contract at the time the buyer signs the contract.

100.177(3) Every contract for center services shall clearly and conspicuously disclose the identity and location of the center facilities available to the buyer. The contract shall disclose the general nature of each major facility and service that will be available including any conditions or restrictions on their use. The disclosures under this subsection may be made on a separate sheet provided to the buyer at the time the buyer signs the contract. If a facility or service is replaced by an equal or superior facility or service, the center is deemed in compliance with this subsection.

100.177(4) Every contract for fitness center services shall provide that performance of all of the agreed upon facilities and services will be available for the buyer’s use on a specified date no later than 6 months after the date the contract is signed by the buyer.

100.177(5) Every contract for fitness center services shall be for a specified length of time not exceeding 2 years and shall clearly disclose the full price of the buyer’s contractual obligation including any interest or other charges.

100.177(6) Every contract for fitness center service shall contain:

100.177(6)(a) A caption printed in boldface uppercase type of not less than 10-point size entitled “CANCELLATION AND REFUNDS”.

100.177(6)(b) A provision under the caption stating: “Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd operating day after the date on which you signed the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying .... (the seller) by any writing mailed or delivered to .... (the seller) at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you, less a user fee of no more than $3 per day of actual use, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by .... (the seller) and arrangements will be made to relieve you of any further obligation to pay the same.”

100.177(7) If, at the time of execution of the center services contract, the facilities and services described in the contract are available for the buyer’s use, the contract may include the written notice that the facilities and services are available as required by subs. (6) and (6m).

100.177(8) No contract may require the buyer to pay more than $25 or 10% of the total contract price, whichever is less, prior to the date on which the buyer receives written notice that the facilities and services described in the contract are available for full use by the buyer.

100.177(9) No contract for fitness center services may require a buyer who exercises the contractual right to cancel to pay more than a $3 user fee per day of actual use of facilities and services by the buyer during the cancellation period. No contract for weight reduction center services may require a buyer who exercises the contractual right to cancel to pay more than the value of services provided before cancellation.

100.177(10) Any right of action or defense arising out of a contract for center services that the buyer has against the seller is preserved against any assignee of or successor to the contract.

100.177(11)(a) Every contract for center services shall provide that if any of the facilities or services described in the contract become unavailable or are no longer fully operational, before full receipt of the services and use of facilities for which the buyer contracted, the buyer is liable for only that portion of the total consideration proportional to the elapsed time portion of the contract at the time of the unavailability. The buyer is entitled to a refund of any other funds already paid.

100.177(11)(b) A buyer has the option, in lieu of the proportional refund provided in par. (a), to choose to complete the unused portion of the contract including any renewal periods at the price disclosed in accordance with sub. (5) at another location which is owned, controlled, affiliated with or operated by the seller. Any such modification of the contract must be made in writing and may only modify the terms of the contract required under sub. (3) concerning the unavailable or no longer fully operational facilities or services.

100.177(11)(c) Nothing in this subsection shall restrict a center’s ability to:

100.177(11)(c)1. Perform regular maintenance or make prompt equipment repairs.

100.177(11)(c)2. Make improvements to the facilities or services.

100.177(11)(c)3. Replace a facility or service with a superior facility or service.

100.177(12) Every contract for center services shall provide that if the buyer is unable to make use of or receive the center services contracted for because of death or disability, the buyer is liable for only that portion of the total consideration proportional to the elapsed time portion of the contract at the time of the death or disability.

100.177(13) Subject to sub. (8), no center may collect or by contract require a buyer to pay more than $100 for center services before the buyer receives or has the opportunity to receive those services unless the center establishes, for each center location, proof of financial responsibility as described in par. (b).

100.177(13)(b)1. Except as provided in subd. 3., a center may establish proof of financial responsibility required under par. (a) by maintaining an established escrow account approved by the department for all amounts received from buyers in advance of the receipt of services or by maintaining any of the following commitments approved by the department in an amount not less than $25,000, subject to subd. 2.:

100.177(13)(b)1.a. A bond.

100.177(13)(b)1.b. A certificate of deposit.

100.177(13)(b)1.d. An irrevocable letter of credit.

100.177(13)(b)2.The commitment described in subd. 1. shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under sub. (11) (a). The center shall file with the department any agreement, instrument or other document necessary to enforce the commitment against the center or any relevant 3rd party, or both.

100.177(14) Any contract for center services is unenforceable against the buyer and is a violation of this section if:

100.177(14)(a) The buyer entered into the contract in reliance upon any false, fraudulent, deceptive or misleading information, representation, notice or advertisement.

100.177(14)(b) The contract does not comply with the requirements of this section.

100.177(14)(c) The seller fails to perform in accordance with the contractual provisions under this section.

100.177(14)(d) The contract contains a provision in which the buyer agrees to waive the requirements of this section.

100.177(15)(a) The department shall investigate violations of this section or s. 100.178 (2) or (4). The department may on behalf of the state:

100.177(15)(a)1. Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section or s. 100.178 (2) or (4). The court may in its discretion, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

100.177(15)(a)2. Bring an action in any court of competent jurisdiction for the recovery of civil forfeitures against any person who violates this section or s. 100.178 (2) or (4) in an amount not less than $100 nor more than $10,000 for each violation.

100.177(15)(am)The department may bring an action in circuit court to recover on a financial commitment maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under sub. (11) (a).

100.177(15)(b) In addition to the remedies otherwise provided by law, any person injured by a violation of this section may bring a civil action for damages under s. 100.20 (5). Any person injured by a breach of a contract for center services may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and such other equitable relief as may be determined by the court.

Fitness center staff requirements.

100.178(1) In this section:

100.178(1)(b) Notwithstanding s. 93.01 (3), “department” means the department of health and family services.

100.178(1)(c) “Fitness center” has the meaning given under s. 100.177 (1) (c).

100.178(1)(d) “Institution of higher education” has the meaning given under s. 39.32 (1) (a).

100.178(2) A fitness center shall do any of the following:

100.178(2)(a) At all times during which the fitness center is open and its facilities and services are available for use, have at least one employee present on the premises of the fitness center who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization or institution of higher education approved by the department.

100.178(2)(b) Ensure that each of its employees, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization or institution of higher education approved by the department.

100.178(4) A fitness center shall post a notice or notices on its premises stating the requirements of sub. (2) and the penalty for a violation of sub. (2) under s. 100.177 (15) (a). The notice shall comply with the rules promulgated by the department under sub. (5) (d).

100.178(5) The department shall promulgate rules establishing all of the following:

100.178(5)(a) The minimum standards for the qualifications and training of an individual, including an individual associated with an organization or institution of higher education, who teaches basic first aid or basic cardiopulmonary resuscitation to fitness center employees under sub. (2).

100.178(5)(b) The minimum hours of instruction and general content of the basic first aid and basic cardiopulmonary resuscitation courses taught to fitness center employees under sub. (2).

100.178(5)(c) Procedures governing the department’s approval of individuals, organizations and institutions meeting the standards established under pars. (a) and (b).

100.178(5)(d) Specifications for the notice required under sub. (4) including:

100.178(5)(d)1. Dimensions.

100.178(5)(d)2. Print size or type.

100.178(5)(d)3. The location or locations where the notice must be posted on the fitness center premises.

counseling for diet or weight loss or maintenance, if physical exercise services are not provided on the premises.

HFS 174.03(9) “Institution of higher education” has the meaning given under s. 39.32 (1) (a), Stats.

HFS 174.03(10) “Patron” means any individual who uses fitness center facilities and equipment.

HFS 174.03(11) “Trainer” means an individual, organization or institution of higher education that provides training required under s. 100.178, Stats., for fitness center employees.

HFS 174.04 CPR and first aid training.

HFS 174.04(1) GENERAL REQUIREMENT. Pursuant to s. 100.178 (2), Stats., a fitness center shall have one employee on the premises at all times during which the fitness center is open and its facilities and services are available for use who has satisfactorily completed a course or courses in basic first aid and CPR. Alternatively, all employees of the fitness center, within 90 days after being hired, shall have satisfactorily completed at least one course covering basic first aid and basic CPR taught by an individual, organization or institution of higher education approved by the department under this chapter.

HFS 174.04(2) CPR TRAINING. To satisfy the requirement under sub. (1), the fitness center employee or employees shall have up-to-date certification in CPR through either the AHA or ARC. The required minimum level of AHA certification is Heartsaver and the required minimum level of ARC certification is Adult CPR, both of which consist of 4 hours of instruction, practice and testing. In this subsection, “Heartsaver” means the AHA course which includes one rescuer adult CPR and obstructed airway maneuvers, and “Adult CPR” means the ARC course which includes one rescuer adult CPR and obstructed airway maneuvers.

HFS 174.04(3) FIRST AID TRAINING.

HFS 174.04(3)(a) To satisfy the requirement under sub. (1), the fitness center employee or employees shall be certified in ARC standard first aid or its equivalent.

HFS 174.04(3)(b) Certification that is equivalent to ARC standard first aid certification shall be based on first aid training which consists of a minimum of 5 hours of classroom instruction, skill practice and competency testing and a final written examination, with training in theory and practice in at least the following content areas:

HFS 174.04(3)(b)1. Introduction to first aid training;

HFS 174.04(3)(b)2. Legal aspects of first aid treatment;

HFS 174.04(3)(b)3. Activating the emergency medical system;

HFS 174.04(3)(b)4. Basic anatomy and physiology;

HFS 174.04(3)(b)5. Patient assessment and evaluation;

HFS 174.04(3)(b)6. Wound care and shock;

HFS 174.04(3)(b)7. Musculoskeletal injuries;

HFS 174.04(3)(b)8. Spinal and head injuries;

HFS 174.04(3)(b)9. Eye and nose injuries;

HFS 174.04(3)(b)10. Medical problems including asthma and anaphylaxis, epilepsy, diabetes, heat exhaustion, heat stroke, frost nip, frost bite, hypothermia, poisoning, drug overdose and stroke; and

HFS 174.04(3)(b)11. Emergency movement.

HFS 174.05 Trainer qualifications.

HFS 174.05(1)
(1) An individual who teaches basic first aid to fitness center employees shall be:

HFS 174.05(1)(a) Certified in American red cross standard first aid or its equivalent as approved under s. HFS 174.06 ;

HFS 174.05(1)(b)Generally familiar with jurisdictional laws and legal concepts pertinent to the handling of victims of medical emergencies; and

HFS 174.05(1)(c) Experienced in teaching at least one course under the direct supervision of another instructor or supervisor which includes all topics and skills covered by the course.

HFS 174.05(2) An individual who wishes to teach basic CPR to fitness center employees shall have up-to-date certification either by the American heart association or the American red cross as a CPR instructor.

HFS 174.06 Review and approval of equivalent first aid training.

HFS 174.06(1) APPROVAL REQUIREMENT. Department approval of a proposed equivalent first aid training course shall be a prerequisite to the initiation of equivalent first aid training for employees of fitness centers required under s. 100.178, Stats. Approval of a training course shall include approval of curriculum, procedures, administrative details and guidelines necessary to ensure a standardized training program, as set out in a training plan.

HFS 174.06(2) PLAN SUBMISSION. Except for the ARC, no individual, organization or institution may begin to provide first aid training until a training plan has been submitted to and approved by the department. At a minimum, the plan shall:

HFS 174.06(2)(a) Identify the applicant;

HFS 174.06(2)(b) Identify and describe the roles, responsibilities and qualifications of the training course coordinator and course trainer;

HFS 174.06(2)(c) Identify and describe the relationship of the applicant to the fitness center;

HFS 174.06(2)(d) Describe the first aid course in reference to the requirements set out in s. HFS 174.04 (3) (b), including the content areas, clock hours, competency testing standards and procedures and training methods. Indicate by content area the objectives for individual lessons; and

HFS 174.06(2)(e) List the equipment to be used for training employees in first aid skills.

HFS 174.06(3) DEADLINE FOR SUBMISSION. The plan shall be submitted to the department in complete form at least 90 days prior to the date proposed for beginning the course. The plan is not in complete form until all information and materials noted in sub. (2) have been received by the department.

HFS 174.06(4) REVIEW AND DECISION. The department shall within 75 days following receipt of a complete plan, approve or disapprove the plan and notify the applicant accordingly in writing. Approval or disapproval of a plan shall be based on the requirements of s. HFS 174.04 (3) (b) and this section.

HFS 174.06(5) IMPLEMENTATION.

HFS 174.06(5)(a) Following approval by the department under sub. (4) of a plan for first aid training, the plan may be implemented.

HFS 174.06(5)(b) Following approval by the department, no change may be made in the plan affecting the trainers or course unless the change is approved by the department in writing.

HFS 174.06(5)(c) The training course content and the individual lesson objectives shall be the same for all first aid courses taught by the applicant under an approved plan.

HFS 174.06(6) REPORT TO DEPARTMENT. Upon completion of a first aid training course, the trainer shall submit to the department a list of fitness center employees who satisfactorily completed the course.

HFS 174.06(7) PLAN REVIEW. The trainer shall biennially review the plan, update it as necessary and submit it to the department. The department shall notify the trainer before the review is to take place and the updated plan is due and shall provide the trainer with a format to be followed for reviewing and updating the plan. The department’s approval of the updated plan is required for continued plan approval and for continuation of first aid training. Notification of approval or disapproval shall be made in writing within 60 days following receipt of the reviewed and updated plan.

HFS 174.07 Denial or revocation of approval.

HFS 174.07(1) DENIAL. If the department denies an application for approval of an equivalent first aid training course under s. HFS 174.06 (4) or refuses to approve an updated plan under s. HFS 174.06 (7), the department shall provide the applicant with written notice of an opportunity for a hearing under sub. (3) on that decision.

HFS 174.07(2) REVOCATION. The department may revoke approval of a first aid training course after providing the applicant with prior written notice of the proposed action and written notice of an opportunity for a hearing on that decision if the department finds that:

HFS 174.07(2)(a) Course approval was obtained through error or fraud;

HFS 174.07(2)(b) A provision of this chapter is violated; or,

HFS 174.07(2)(c) The trainer has engaged in conduct detrimental to the health or safety of fitness center employees during a course of instruction.

HFS 174.07(3) APPEAL. If the department, under s. HFS 174.06 (4) or (7), denies approval or renewal of approval of an equivalent first aid training course or, under sub. (2), revokes the approval of an equivalent first aid training course, the applicant or trainer may request a hearing under s. 227.42, Stats. The request for a hearing shall be submitted in writing to the department of administration’s division of hearings and appeals. Review is not available if the request is received by the division of hearings and appeals more than 30 days after the date of the notice required under sub. (1) or (2).