reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.202 - Definitions.

428.202
Definitions.
In this subchapter:
(1)
“Bridge loan" means a loan with a maturity of less than 18 months which requires only payments of interest until the time that the unpaid balance is due.
(1m)
“Business day" has the meaning that is specified under 12 CFR 226.2 (a) (6) for purposes of 12 CFR 226.31.
(2)
“Covered loan" means a consumer credit mortgage loan transaction other than an open-end credit plan or reverse mortgage in which all of the following apply:
(a)
The customer is a natural person.
(b)
The debt is incurred by the customer primarily for personal, family, or household purposes.
(c)
The loan is secured by a mortgage on, or an equivalent security interest in, residential real property, and the residential real property is or will be occupied by the customer as the customer's principal dwelling.
(d)
The terms of the loan provide any of the following:
1.
That the loan transaction, at the time that the loan is consummated, is considered a mortgage under 15 USC 1602 (aa) and regulations adopted thereunder, including 12 CFR 226.32.
2.
That total points and fees payable by the customer at or before the loan closing exceed 6 percent of the total loan amount. For purposes of this subdivision, “total points and fees" does not include reasonable fees paid to affiliates or nonaffiliates of the lender for bona fide services listed in 12 CFR 226.4 (c) (7).
(3)
“Customer" means an individual to whom a covered loan is offered or made. “Customer" does not include a surety, guarantor, cosigner, or endorser.
(4)
“Department" means the department of financial institutions.
(5)
“Lender" means any person who originates a covered loan and to whom the covered loan is initially payable, except that “lender" does not include an assignee of a covered loan or any person who, for at least 12 consecutive months, has failed to originate any covered loans.
(5m)
“Licensed lender" means a person licensed under s. 138.09.
(6m)
“Local governmental unit" has the meaning given in s. 16.97 (7).
(7)
“Mortgage banker" has the meaning given in s. 224.71 (3).
(8)
“Mortgage broker" has the meaning given in s. 224.71 (4).
(9)
“Mortgage loan originator" has the meaning given in s. 224.71 (6).
(10)
“Servicer" has the meaning given in 12 USC 2605 (i) (2).
History:  2003 a. 257; 2009 a. 2.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.204 - False statements.

428.204
False statements.
No lender, licensed lender, mortgage loan originator, mortgage banker, or mortgage broker may knowingly make, propose, or solicit fraudulent, false, or misleading statements on any document relating to a covered loan.
History:  2003 a. 257; 2009 a. 2.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.206 - Recommending default.

428.206
Recommending default.
No lender, licensed lender, mortgage loan originator, mortgage banker, or mortgage broker may recommend or encourage an individual to default on an existing loan or other obligation before and in connection with the making of a covered loan that refinances all or any portion of that existing loan or obligation.
History:  2003 a. 257; 2009 a. 2.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.207 - Prepayment.

428.207
Prepayment.
(1)
A customer may prepay a covered loan at any time without penalty if the payment is made in the context of a refinancing of the covered loan and if the covered loan is held by the refinancing lender. This subsection does not prohibit the servicer of a covered loan from imposing a prepayment penalty, unless the servicer is also the lender and holds the loan at the time of the refinancing.
(2)
Any prepayment penalty under this section is subject to all of the following limitations:
(a)
A prepayment penalty is permitted only during the 36 months immediately following the date of consummation of a covered loan.
(b)
A lender may not include a prepayment penalty in a covered loan unless the lender offers the customer the option of choosing a loan product without a prepayment penalty. The terms of the offer shall be in writing and initialed by the customer. The offer shall be in a clear and conspicuous format and include the following disclosure:
LOAN PRODUCT CHOICE DISCLOSURE
I was provided with an offer to accept a product both with and without a prepayment penalty provision. I have chosen to accept the product with a prepayment penalty.
(c)
A prepayment penalty may not exceed 60 days' interest at the contract rate on the amount prepaid on fixed-rate covered loans over $25,000 if the borrower prepays more than 20 percent of the original loan amount within 36 months immediately following the date of consummation of the covered loan.
(d)
A prepayment penalty may not be collected on fixed-rate covered loans of $25,000 or less, on adjustable rate loans, or on those fixed-rate covered loans over $25,000 not specified in par. (c).
History:  2003 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.208 - Disclosure to customers.

428.208
Disclosure to customers.
At least 3 business days before making a covered loan to a customer, a lender shall ensure that the customer has been given the following notice, in writing and in a clear and conspicuous format:
DISCLOSURE TO BORROWER
A. If you obtain this loan, the lender will have a mortgage on your home. You could lose your home and any money that you have put into it if you do not meet your obligations under this loan. Mortgage loan rates and closing costs and fees vary based on many factors, including your particular credit and financial circumstances, your earnings history, your employment status, the loan-to-value ratio of the requested loan, and the type of property that will secure your loan. The loan rate and fees could also vary based on which lender you select.
B. As a consumer you should shop around and compare loan rates and fees. You should also consider consulting a qualified independent credit counselor or other experienced financial adviser regarding the rate, fees, and provisions of this mortgage loan before you proceed.
C. You are not required to complete this loan agreement merely because you have received these disclosures or have signed a loan application. If you proceed with this mortgage loan, you should also remember that you may face serious financial risks if you use this loan to pay off credit card debts or other debts in connection with this transaction and then subsequently incur significant new debt. If you continue to accumulate debt after this loan is made and then experience financial difficulties, you could lose your home and any equity that you have in it if you do not meet your mortgage loan obligations.
D. Property taxes and homeowner's insurance are your responsibility. Some lenders may require you to escrow money for these payments. However, not all lenders provide escrow services for these payments. You should ask your lender about these services.
E. Your payments on existing debts contribute to your credit ratings. You should not accept any advice to ignore your regular payments to your existing creditors.
History:  2003 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.209 - Exclusive state regulation authority.

428.209
Exclusive state regulation authority.
The state shall have sole authority, except as provided under federal law, to regulate any matter governed by this subchapter or by a rule promulgated under this subchapter. No local governmental unit may attempt to regulate, directly or indirectly, any matter governed by this subchapter or by a rule promulgated under this subchapter, including enacting an ordinance or adopting a resolution or imposing reporting requirements.
History:  2003 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.2095 - Property exempt from debt collection.

428.2095
Property exempt from debt collection.
Except to the extent that the lender has a valid security interest permitted under this subchapter or has a lien under ch. 779 in the property, all of the following personal property of the customer is exempt from levy, execution, sale, and other similar process in satisfaction of a judgment for an obligation arising from a covered loan:
(1)
Clothing of the customer or his or her dependents.
(2)
Dining table and chairs, refrigerator, heating stove, cooking stove, radio, beds and bedding, couch and chairs, cooking utensils, and kitchenware.
(3)
Household goods, as defined in 12 CFR 227.13 (d), 12 CFR 535.1 (g), or 16 CFR 444.1 (i), consisting of furniture, appliances, one television, linens, china, crockery, and personal effects including wedding rings, except works of art, electronic entertainment equipment, antiques, and jewelry, to the extent that a nonpossessory security interest in these household goods is prohibited under 12 CFR 227.13 (d), 12 CFR 535.2 (a) (4), or 16 CFR 444.2 (a) (4).
History:  2003 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 428 - First lien real estate and other mortgage loans. › 428.211 - Exemption for depository institutions.

428.211
Exemption for depository institutions.
This subchapter does not apply to any state chartered or federally chartered bank, trust company, savings and loan association, savings bank, or credit union, or to any subsidiary of such a bank, trust company, savings and loan association, savings bank, or credit union.
History:  2003 a. 257; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.102 - Applicable law.

429.102
Applicable law.
(1)
To the extent that ss. 218.0101 to 218.0163 and chs. 411 and 421 to 427 are inconsistent with this chapter, the provisions of this chapter shall apply.
(2)
Unless superseded by the particular provisions of this chapter, parties to a motor vehicle consumer lease have all of the obligations, duties, rights and remedies provided in ss. 218.0101 to 218.0163 and chs. 411 and 421 to 427 that apply to the transaction.
History:  1995 a. 329; 1999 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.103 - Construction against implied repeal.

429.103
Construction against implied repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of this chapter shall be construed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History:  1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.201 - Prelease availability of consumer lease form.

429.201
Prelease availability of consumer lease form.
A lessor shall, upon request of a prospective lessee, make readily available a blank sample of its current consumer lease form for examination by the prospective lessee before execution of the consumer lease.
History:  1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.202 - Advance payment or trade-in; refund or return.

429.202
Advance payment or trade-in; refund or return.
(1)
If a prospective lessee has made an advance payment or surrendered possession of a vehicle to a prospective lessor as a trade-in pending the execution of a consumer lease, the prospective lessee shall have the right, if the application for the consumer lease is not approved, to receive a prompt refund of the advance payment and, if applicable, to have the trade-in vehicle promptly returned. If a prospective lessor takes possession of a trade-in vehicle under this subsection, the prospective lessor may not sell, offer for sale, lease, transfer or otherwise dispose of the vehicle in any manner until execution of the consumer lease or, except for return of the vehicle to the prospective lessee, disapproval of the consumer lease application.
(2)
This section does not apply to the sale of a vehicle by a prospective lessee to a prospective lessor under a separate contract of sale if the contract of sale is executed prior to execution of the consumer lease between the parties, gives the date of sale and is signed by both parties. Any contract of sale under this subsection shall provide for all of the following:
(a)
That the contract price establishes the value of the vehicle to be credited against the amount due from the lessee at the consummation of the lease or, if the parties fail to execute a consumer lease, the amount due the prospective lessee for the vehicle.
(b)
That the prospective lessee agrees to leave the contract price on deposit with the prospective lessor pending the execution of a consumer lease between the parties with respect to a motor vehicle to be ordered from a manufacturer, including a motor vehicle not yet in production as of the date of sale.
(c)
That the prospective lessee shall be entitled to payment of the contract price from the prospective lessor no later than 75 days after the date of sale, unless the parties have executed a consumer lease or the prospective lessee has already received such payment.
History:  1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.204 - Gap amount; notice.

429.204
Gap amount; notice.
If a consumer lease provides that the lessee is responsible for any or all of the gap amount, the consumer lease shall conspicuously disclose this fact, using the term “gap amount". The acceptance of a consumer lease may not be conditioned upon the lessee's agreement to gap insurance or a gap waiver. Section 218.0148 governs gap waivers.
History:  1995 a. 329; 2017 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.205 - Security interest.

429.205
Security interest.
(1)
No consumer lease, or any other document executed by a lessee in connection with a consumer lease, shall create a security interest in any real or personal property of the lessee to secure payment of any obligations assumed by the lessee under the consumer lease. This subsection does not apply to any of the following:
(a)
The taking of a security deposit, advance lease payment or other prepayment by cash, check, credit card or other device.
(b)
Any right of setoff.
(c)
Any security interest in the leased vehicle or in any proceeds, refunds for cancellation or any other rights of the lessee with respect to the consumer lease or the leased vehicle, including any insurance contracts, gap waivers or gap insurance, repair contracts and extended warranty or maintenance service contracts.
(2)
Any security interest taken in violation of this section is void and unenforceable, but shall not otherwise affect the validity of the consumer lease.
History:  1995 a. 329; 2017 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.206 - Determination of realized value upon early termination.

429.206
Determination of realized value upon early termination.
If a consumer lease is terminated before the expiration date set forth in the lease, the realized value of the motor vehicle leased under the consumer lease shall be determined as follows:
(1)
If the lessee and the lessor mutually agree upon the motor vehicle's realized value, the realized value is the mutually agreed-upon amount.
(2)
If there is a total loss or destruction of the vehicle occasioned by its theft, physical damage or other occurrence specified in the consumer lease and no amount is agreed upon under sub. (1), the realized value equals the sum of any insurance proceeds received by the holder under an applicable insurance policy required under the consumer lease and any amounts received by the holder from any other party in payment for the loss or destruction of the leased vehicle.
(3)
If the realized value has not been determined under sub. (1) or (2) and an appraisal is obtained under this subsection, the realized value is the amount established by the appraisal. An appraisal may be obtained under this subsection if, within 7 business days of the early termination of the consumer lease, a lessee who is not in default obtains at his or her own expense a professional appraisal of the current wholesale value of the vehicle by an appraiser agreed to by the holder, with such agreement not to be unreasonably withheld by the holder. An appraisal under this subsection is final and binding and establishes the realized value for purposes of determining the liability of the lessee under the consumer lease.
(4)
If the realized value has not been determined under sub. (1), (2) or (3), the realized value equals the greater of the following:
(a)
The price obtained by the holder for the commercially reasonable disposition of the motor vehicle, after subtracting all actual and reasonable expenses incurred by the lessor in connection with the disposition of the vehicle.
(b)
The highest bona fide offer received by the holder for the commercially reasonable disposition of the motor vehicle.
History:  1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.207 - Restrictions on early termination obligation.

429.207
Restrictions on early termination obligation.
(1)
The lessee has the right to terminate the consumer lease at any time.
(2)
If a consumer lease is terminated before the expiration date set forth in the consumer lease and no applicable option to purchase is exercised by the lessee, the early termination obligation of the lessee may not exceed an amount equal to the sum of the following amounts:
(a)
Any unpaid lease payments that have accrued as of the date of termination of the consumer lease.
(b)
Any other amounts unpaid by the lessee, other than excess mileage charges, arising under the terms of the consumer lease or not prohibited by this chapter or chs. 421 to 427.
(c)
Any official fees and taxes imposed in connection with termination of the consumer lease.
(d)
The amount set forth in the consumer lease as a disposition or other early termination fee, not to exceed the average payment allocable to a monthly period under the consumer lease.
(e)
The reasonable costs of retaking, storing, preparing for sale and selling the motor vehicle, except that a cost may not be imposed under this paragraph if, in the event of a default, the cost could not be charged under s. 422.413.
(f)
Any positive amount determined by subtracting the realized value from any of the following:
1.
The sum of the balance subject to a rent charge and the rent charge earned in advance for the computational period in which the early termination occurs, calculated in accordance with the constant yield method or any other generally accepted accounting principle.
2.
An amount determined in accordance with generally accepted actuarial principles under which the rent charge is calculated on the adjusted capitalized cost for the time outstanding.
(3)
A holder may credit against the balance of the lessee's early termination obligation any refundable security deposit or advance lease payments held by the holder. The excess of any refundable security deposit or advance lease payment over the amount of the lessee's early termination obligation shall be promptly returned to the lessee.
(4)
This section does not limit or restrict the manner of calculating the lessee's early termination obligation, if such obligation does not exceed the amount calculated under sub. (2). Such manner may include calculation of the unamortized capitalized cost, or the discounted present value of remaining lease payments, multiples of monthly lease payments or payments on another periodic basis.
History:  1995 a. 329; 1997 a. 48.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.209 - Renegotiations and extensions.

429.209
Renegotiations and extensions.
(1)
All of the disclosure requirements specified in s. 429.203 apply to the renegotiation of a consumer lease. A renegotiation of a consumer lease does not create a warranty or subject the transaction to any laws of this state relating to the sale of used motor vehicles.
(2)
The disclosure requirements specified in s. 429.203 do not apply to any extension of a consumer lease not exceeding 6 months in the aggregate.
History:  1995 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 429 - Motor vehicle consumer leases. › 429.301 - Penalties and remedies.

429.301
Penalties and remedies.
(1)
Except as provided in s. 429.208 (7) (a), a person who commits a violation of this chapter is liable to the lessee in an amount equal to the sum of the following amounts:
(a)
One hundred dollars.
(b)
The actual damages, including any incidental and consequential damages, sustained by the lessee by reason of the violation.
(c)
Reasonable costs, expenses and attorney fees, as determined under s. 425.308.
(2)
If a party to a consumer lease recovers damages or penalties under this chapter for an act or omission, the party may not recover any damages or penalties for the same act or omission under ss. 218.0101 to 218.0163 or chs. 411 and 421 to 427.
History:  1995 a. 329; 1999 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.04 - Duties of the secretary.

440.04
Duties of the secretary.
The secretary shall:
(1)
Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.
(2)
Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.
(3)
Control the allocation, disbursement, and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.
(4)
Employ, assign and reassign such staff as are required by the department and the attached examining boards and affiliated credentialing boards in the performance of their functions.
(5)
With the advice of the examining boards or affiliated credentialing boards:
(a)
Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.
(b)
Make all arrangements for meetings, hearings and examinations.
(c)
Provide such other services as the examining boards or affiliated credentialing boards request.
(6)
Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in s. 230.08 (2). The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator.
(7)
Unless otherwise specified in chs. 440 to 480, provide examination development, administration, research and evaluation services as required.
History:  1977 c. 418 s. 26; 1979 c. 34; 1981 c. 20; 1985 a. 29; 1987 a. 27; 1989 a. 316; 1991 a. 39; 1993 a. 102, 107; 1995 a. 333; 2003 a. 270; 2011 a. 32; 2017 a. 329.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.042 - Advisory committees.

440.042
Advisory committees.
(1)
The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards, and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
(2)
Any person who in good faith testifies before the department or any examining board, affiliated credentialing board or board in the department or otherwise provides the department or any examining board, affiliated credentialing board or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.
History:  1993 a. 16 ss. 3269, 3299; 1993 a. 107; 1997 a. 156; 1999 a. 32; 2005 a. 292; 2015 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.043 - Behavioral health review committee.

440.043
Behavioral health review committee.
(1)
The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or ch. 457 or for other credentials related to behavioral health.
(2)
The advisory committee shall accept comments from the public related to its review under sub. (1). Before conducting a review under sub. (1), the department shall publish a class 1 notice under ch. 985 and shall publish notice on its Internet site announcing the opportunity for public comment.
(3)
The advisory committee established under sub. (1) may propose changes in statutes and rules to the department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.
History:  2017 a. 262.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.045 - Disputes.

440.045
Disputes.
Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.
History:  1977 c. 418 s. 27; 1979 c. 34; 1993 a. 107.
Discussing the relationship among the department, cosmetology examining board, and governor. 70 Atty. Gen. 172.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.052 - Initial credential fee reduction.

440.052
Initial credential fee reduction.
(1)
In this section, “reciprocal credential” means a credential granted by a credentialing board, another board in the department, or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the credentialing board, other board in the department, or department.
(2)
Notwithstanding chs. 440 to 480, an individual applying for an initial credential or for an initial reciprocal credential shall pay a fee for the credential that is equal to 10 percent of the standard fee for that credential if the family income of the individual does not exceed 180 percent of the federal poverty line established under 42 USC 9902 (2).
History:  2017 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.055 - Credit card payments.

440.055
Credit card payments.
(2)
If the department permits the payment of a fee with use of a credit card, the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the credit card and shall be sufficient to pay the costs to the department for providing this service to persons who request it, including the cost of any services for which the department contracts under sub. (3).
(3)
The department may contract for services relating to the payment of fees by credit card under this section.
History:  1995 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.06 - Refunds and reexaminations.

440.06
Refunds and reexaminations.
The secretary may establish uniform procedures for refunds of fees paid under s. 440.05 or 440.08 and uniform procedures and fees for reexaminations under chs. 440 to 480.
History:  1977 c. 418; 1979 c. 175 s. 53; 1979 c. 221 s. 2202 (45); 1991 a. 39; 1993 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.07 - Examination standards and services.

440.07
Examination standards and services.
(1)
In addition to the standards specified in chs. 440 to 480, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise the skills.
(2)
The department, examining board or affiliated credentialing board having authority to credential applicants may do any of the following:
(a)
Prepare, administer and grade examinations.
(b)
Approve, in whole or in part, an examination prepared, administered and graded by a test service provider.
(3)
The department may charge a fee to an applicant for a credential who fails an examination required for the credential and requests a review of his or her examination results. The fee shall be based on the cost of the review. No fee may be charged for the review unless the amount of the fee or the procedure for determining the amount of the fee is specified in rules promulgated by the department.
History:  1987 a. 27; 1991 a. 39; 1993 a. 102, 107.
Department of Regulation and Licensing test scores were subject to disclosure under the open records law. Munroe v. Braatz, 201 Wis. 2d 442, 549 N.W.2d 451 (Ct. App. 1996), 95-2557.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.071 - No degree completion requirement to sit for examination.

440.071
No degree completion requirement to sit for examination.
(1)
Except as provided under sub. (2), the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.
(2)
This section does not apply to an examination for a real estate appraiser certification under s. 458.06 or license under s. 458.08.
History:  2013 a. 114.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.075 - Military service education, training, instruction, or other experience.

440.075
Military service education, training, instruction, or other experience.
(1)
In this section, “instruction" means any education, training, instruction, or other experience related to an occupation or profession.
(2)
The department, if the department issues the credential, or the credentialing board, if a credentialing board issues the credential, shall count any relevant instruction that an applicant for an initial credential has obtained in connection with the applicant's military service, as defined in s. 111.32 (12g), toward satisfying any instruction requirements for that credential if the applicant demonstrates to the satisfaction of the department or credentialing board that the instruction obtained by the applicant is substantially equivalent to the instruction required for the initial credential.
History:  2011 a. 120.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.11 - Communications with department.

440.11
Communications with department.
(1)
An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department.
(1m)
(a)
An applicant for or recipient of a credential shall provide the department with a current electronic mail address at the time of application or renewal that may be used to receive electronic communications from the department. An applicant for or recipient of a credential who changes his or her electronic mail address or whose current electronic mail address becomes inactive shall notify the department of such change within 30 days of the change in writing or in accordance with other notification procedures approved by the department.
(b) Electronic communications under this subsection cannot be substituted for the service of any process, notice, or demand under sub. (2).
(c) Notwithstanding par. (a), an applicant for or recipient of a credential who does not have reasonable access to the Internet may maintain paper communication with the department.
(2)
The department or any examining board, affiliated credentialing board or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board.
History:  1987 a. 27; 1991 a. 39; 1993 a. 107; 1997 a. 27; 2017 a. 329; 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.12 - Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency.

440.12
Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency.
Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if any of the following applies:
(1)
The department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes.
(2)
The department of workforce development certifies under s. 108.227 that the applicant or credential holder is liable for delinquent unemployment insurance contributions.
History:  1997 a. 237; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.121 - Credential denial, nonrenewal, and revocation based on incompetency.

440.121
Credential denial, nonrenewal, and revocation based on incompetency.
Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a credential under chs. 440 to 480.
History:  2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.13 - Delinquency in support payments; failure to comply with subpoena or warrant.

440.13
Delinquency in support payments; failure to comply with subpoena or warrant.
(1)
In this section:
(b)
“Memorandum of understanding" means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857.
(c)
“Support" has the meaning given in s. 49.857 (1) (g).
(2)
Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:
(a)
With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.
(b)
With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.
(c)
With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit, or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.
History:  1997 a. 191, 237; 2007 a. 20; 2011 a. 32; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.15 - No fingerprinting.

440.15
No fingerprinting.
Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
NOTE: This section is shown as amended by 2021 Wis. Acts 123 and 131 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
History:  2011 a. 255; 2015 a. 116; 2017 a. 135; 2019 a. 49 ss. 1, 2; 2019 a. 100; 2021 a. 25, 123, 131; s. 13.92 (2) (i).
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.17 - Telehealth.

440.17
Telehealth.
If the department, an examining board, or an affiliated credentialing board promulgates rules related to telehealth, the department, the examining board, or the affiliated credentialing board shall define “telehealth” to have the meaning given in s. 440.01 (1) (hm).
History:  2021 a. 121.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.19 - Voluntary surrender of license, permit, or certificate.

440.19
Voluntary surrender of license, permit, or certificate.
A person who holds a credential may voluntarily surrender that credential. The department, examining board, affiliated credentialing board, or board of the department that issued the credential may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20.
History:  2011 a. 146; 2017 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.20 - Disciplinary proceedings.

440.20
Disciplinary proceedings.
(1)
Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplinary proceedings against any holder of a credential.
(3)
The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence.
(4)
(a)
The department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend, or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (3m) (b) or (f) or (5m).
(b)
The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.
(5)
(a)
The department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.
(b)
The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.
History:  1977 c. 418; 1979 c. 34; 1985 a. 29; 1989 a. 31, 201; 1991 a. 39; 1993 a. 16, 27, 102, 107, 490; 2009 a. 209; 2013 a. 124; 2017 a. 331.
The constitutionality of sub. (3) is upheld. Gandhi v. Medical Examining Board, 168 Wis. 2d 299, 483 N.W.2d 295 (Ct. App. 1992).
Laches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public—the right to have licensed psychologists comply with the requirements of their licenses. Stein v. Psychology Examining Board, 2003 WI App 147, 265 Wis. 2d 781, 668 N.W.2d 112, 02-2726.
A hearing is not required for a complaint filed under this section. 68 Atty. Gen. 30.
The “preponderance of the evidence" burden of proof under sub. (3) does not violate the due process rights of a licensee. 75 Atty. Gen. 76.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.205 - Administrative warnings.

440.205
Administrative warnings.
If the department or a board, examining board, or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, board, examining board, or affiliated credentialing board may close the investigation by issuing an administrative warning to the credential holder. The department or a board, examining board or affiliated credentialing board may issue an administrative warning under this section only if the department or board, examining board or affiliated credentialing board determines that no further action is warranted because the complaint involves a minor violation and the issuance of an administrative warning adequately protects the public by putting the credential holder on notice that any subsequent violation may result in disciplinary action. If an administrative warning is issued, the credential holder may obtain a review of the administrative warning through a personal appearance before the department, board, examining board, or affiliated credentialing board that issued the administrative warning. Administrative warnings do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the credential holder is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the credential holder is received by the department or a board, examining board or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the credential holder had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law. The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.
History:  1997 a. 139; 2017 a. 328.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.21 - Enforcement of laws requiring credential.

440.21
Enforcement of laws requiring credential.
(1)
The department may conduct investigations, hold hearings and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 480.
(2)
If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480, the department may issue a special order enjoining the person from the continuation of the practice or use of the title.
(3)
In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.
(4)
(a)
Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.
(b)
Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.
History:  1991 a. 39; 1993 a. 102; 2011 a. 146.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.22 - Assessment of costs.

440.22
Assessment of costs.
(1)
In this section, “costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board, affiliated credentialing board, or other board, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts, paralegals, real estate specialists, and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.
(2)
In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board, or other board in the department orders suspension, limitation, or revocation of the credential, assesses a forfeiture, or reprimands the holder, the department, examining board, affiliated credentialing board, or other board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year compounded annually beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board, or other board. Upon the request of the department of safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.
(3)
In addition to any other discipline imposed, if the department, examining board, affiliated credentialing board or board assesses costs of the proceeding to the holder of the credential under sub. (2), the department, examining board, affiliated credentialing board or board may not restore, renew or otherwise issue any credential to the holder until the holder has made payment to the department under sub. (2) in the full amount assessed, together with any accrued interest.
History:  1987 a. 27; 1991 a. 39; 1993 a. 107; 1997 a. 27; 2011 a. 32; 2017 a. 328.