reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.78 - Annexation of benefited lands.

88.78
Annexation of benefited lands.
(1)
Whenever any lands outside a drainage district are in fact receiving the benefits of any drain of such district but such fact was not evident or was inadvertently overlooked at the time of organization of the district, such benefited lands may be annexed under the procedure prescribed in this section.
(2)
Any owner of land within the district may file with the board a petition to have the benefited lands annexed to the district and assessed benefits and assessed for costs as other lands in the district. The petition shall describe the benefited lands and how they are benefited. Upon the filing of the petition, the drainage district shall issue an order directing that the owners of the benefited lands be notified of the filing and the contents of the petition and requiring the owners to show cause at a fixed time and place, not less than 20 days after the petition is filed, why their lands should not be brought into the district and assessed.
(3)
Any owner of lands sought to be annexed may object to the petition at the hearing thereon. If the drainage board is satisfied that any or all of the lands are receiving benefits from any district drain, the drainage board shall so find in writing and shall issue an order requiring that the benefited lands be made a part of the district.
(4)
The board shall assess benefits and assess for costs and award damages to each tract of the annexed lands.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.785 - Certain annexations prohibited.

88.785
Certain annexations prohibited.
(1)
Notwithstanding ss. 88.34, 88.77, and 88.78, no lands that are within the corporate limits of a city, a village, or, if the town has a permit for storm water management under s. 283.33, a town may be included in a newly organized drainage district or annexed to a drainage district unless the governing body of the city, village, or town adopts a resolution approving the inclusion or annexation.
(2)
Notwithstanding ss. 88.77 and 88.78, no lands that are located in a county in which no portion of the drainage district is located may be annexed to a drainage district.
History:  2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.79 - Consolidation of drainage districts in process of organization.

88.79
Consolidation of drainage districts in process of organization.
(1)
Two or more drainage districts petitioned for or in the process of organization may, upon order of the court, be consolidated to form a single drainage district. The order of consolidation may be issued only after a public hearing as specified in this section.
(2)
The consolidation process may be initiated either by the court on its own motion, by recommendation of the board made to the court, or by petition signed by the owners of at least 10 percent of the lands in each of the districts sought to be consolidated. If such districts are under the jurisdiction of different courts, the proceeding shall be conducted by the court having jurisdiction of the larger area.
(3)
The court shall fix a time and place of a hearing on the proposed consolidation and shall cause notice of the hearing to be given under s. 88.05 (1) (b) to the persons specified in s. 88.05 (4) (b). If the court after the hearing is of the opinion that the drainage districts would be benefited by the proposed consolidation, it shall so order, giving a name to the consolidated district.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.791 - Consolidation of existing drainage districts.

88.791
Consolidation of existing drainage districts.
(1)
Two or more existing drainage districts may, upon an order issued by the drainage board, be consolidated to form a single drainage district. An order of consolidation may be issued only after a public hearing as specified in this section.
(2)
The consolidation process may be initiated by a petition that is signed by the owners of at least 10 percent of the lands in each of the districts sought to be consolidated.
(3)
The drainage board shall fix a time and place of a hearing on the proposed consolidation and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b). If after the hearing the drainage board is of the opinion that the drainage districts would be benefited by the proposed consolidation, it shall so order, giving a name to the consolidated district.
(4)
Upon entry of the order of consolidation, the records of the districts so consolidated shall be the records of the consolidated district.
(5)
Assessments made against lands in the several districts so consolidated shall remain in full force and the lien thereof is not affected by such consolidation.
(6)
After such consolidation, the benefits of the consolidated district may be reassessed to render them just and equitable as a basis for future assessments for costs, subject to s. 88.02.
History:  1993 a. 456 ss. 100, 101.
NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.80 - Withdrawal of lands from drainage district.

88.80
Withdrawal of lands from drainage district.
(1)
Any person owning lands within a drainage district may, under an order issued by the drainage board, withdraw the lands from the district if:
(a)
All benefits assessed against such lands have been paid; and
(b)
The lands to be withdrawn will receive no benefit from the drainage district; and
(c)
The drainage district will not be materially injured by the withdrawal of such lands.
(2)
The petition for the withdrawal shall be filed with the board. The board shall determine whether all benefits assessed against the land have been paid.
(3)
When the petition has been filed, the drainage board shall fix the time and place of a hearing on the petition and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b). If the drainage board finds that the conditions of sub. (1) have been met, it shall issue an order detaching the lands from the district. The drainage board may require the petitioner to pay the expenses connected with the hearing.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.81 - Proceedings to suspend operations of drainage district.

88.81
Proceedings to suspend operations of drainage district.
(1)
(a)
The owners of land representing 90 percent or more of the confirmed benefits in a drainage district, excluding benefits received by land owned by this state, may file with the drainage board a petition requesting that the board conduct no further proceedings and incur on behalf of the district no further expense if the petition is filed within 2 years after the order organizing the district is issued under s. 88.34.
(b)
The owners of land representing 67 percent or more of the confirmed benefits in a drainage district, excluding benefits received by land owned by this state, may file with the drainage board a petition requesting that the board conduct no further proceedings and incur on behalf of the district no further expense if the petition is filed at least 2 years after the order organizing the district is issued under s. 88.34.
(bm)
Except as provided in par. (bs), the owner of any land in a drainage district may file with the drainage board a petition requesting that the board conduct no further proceedings and incur on behalf of the district no further expense if the petition is filed at least 20 years after the latest assessment for costs against land in the drainage district.
(bs)
A state agency, as defined in s. 16.61 (2) (d), may not petition for the suspension of operations of a drainage district.
(c)
Upon receipt of a petition, the drainage board shall fix a time and place of a hearing on the petition and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b).
(2)
If after the hearing the drainage board finds that the petition is signed by the required number of owners, that notice of the hearing was properly given, and that the conditions of sub. (3) have been met, it shall issue an order directing that no more work be done in or expense incurred on behalf of the district. The order does not dissolve the district or in any way affect existing contracts. The district remains liable for all its debts existing at the time of issuance of the drainage board order suspending operations, and the board shall continue to levy such additional assessments for costs as are necessary to meet existing obligations.
(3)
As a condition of issuing the order under sub. (2), the drainage board shall require the petitioners under this section to pay the expenses of the hearing under this section and all expenses, if any, incurred in connection with specific current projects whose completion would be affected by the drainage board order.
(4)
An order suspending operations of a drainage district remains in effect until a like application upon like notice requesting that work be continued is heard and determined in favor of petitioners.
(5)
Subsections (1) to (3) do not apply on or after July 14, 2015.
History:  1977 c. 449; 1983 a. 483; 1993 a. 456; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.815 - Dissolution of suspended drainage districts.

88.815
Dissolution of suspended drainage districts.
(1)
If the operations of a drainage district are suspended on July 14, 2015, the department of agriculture, trade and consumer protection shall file a notice with the court having jurisdiction on the matter that the district will be administratively dissolved 36 months after the filing of the notice.
(2)
Upon the filing of a dissolution notice under sub. (1), the court shall provide notice of the dissolution notice to the drainage board. If, at the time of filing of a dissolution notice, any position on the board is vacant, the court shall appoint a successor as provided in s. 88.17 before providing notice to the board.
(3)
Upon receiving notice under sub. (2), the board shall provide notice of the dissolution notice under sub. (1) to the persons specified under s. 88.05 (4) (c).
(4)
Upon request by any owner of land in the district, the board shall do all of the following:
(a)
Fix a time and place of a hearing on the dissolution notice.
(b)
Cause notice of the hearing to be given under s. 88.05 (1) (b) to the persons specified under s. 88.05 (4) (c), the court having jurisdiction on the matter, and the department of agriculture, trade and consumer protection.
(5)
Subject to s. 88.82 (2) and after any hearing held under sub. (4), if the board determines that the public welfare will not be promoted by the reinstatement of district operations, the board shall seek approval of dissolution of the district under s. 88.06. If dissolution is approved, the board shall provide notice of the dissolution to the court having jurisdiction on the matter, the department of agriculture, trade and consumer protection, the zoning administrator of each city, village, town, or county in which the district is located, the county clerk of the county in which the drainage board having jurisdiction of the drainage district is located, and the county treasurer.
(6)
If s. 88.82 (2) is not satisfied, court approval under s. 88.06 is not received, or the board determines that public welfare will be promoted by the reinstatement of district operations, the board shall order the district reinstated. If reinstatement is ordered, the board shall provide notice of the order to the court having jurisdiction on the matter, the department of agriculture, trade and consumer protection, the zoning administrator of each city, village, town, or county in which the district is located, and the county clerk of the county in which the drainage board having jurisdiction of the drainage district is located.
(7)
If no hearing is scheduled under sub. (4), the district is dissolved 36 months after the filing of the notice under sub. (1). If the department of agriculture, trade and consumer protection receives a notice under sub. (4), but does not receive a notice of reinstatement under sub. (5), the district is dissolved 48 months after the filing of the notice under sub. (1).
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.817 - Leola drainage district.

88.817
Leola drainage district.
(1)
Notwithstanding s. 88.815, the Leola drainage district located in Adams, Portage, and Waushara counties is reinstated.
(2)
The drainage board with jurisdiction of the Leola drainage district may not levy any assessment. This subsection does not apply if the owners of land representing, as calculated on December 2, 2017, 67 percent or more of the confirmed benefits in the district, excluding benefits received by land owned by this state, file with the court having jurisdiction on the matter a petition for the reinstatement of assessment authority of the district.
History:  2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.88 - Railroad to construct ditch or sluiceway across right-of-way.

88.88
Railroad to construct ditch or sluiceway across right-of-way.
(1)
Whenever the owner of land desires to drain the same by a blind or open ditch and, to properly drain such land, a connecting ditch or sluiceway should be constructed across the right-of-way of a railway company, such owner shall file with the depot agent of such company nearest to such land a written petition stating the kind of ditch proposed to be built and requesting the company to construct a ditch or sluiceway across its right-of-way which will conform thereto. Within 60 days after the filing of such petition, the railway company shall construct such ditch or sluiceway. The petitioner shall pay the cost of such construction and shall assume all expenses in connection with maintaining such ditch or sluiceway on the railroad's right-of-way.
(2)
If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads setting forth the facts. The office shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.
History:  1977 c. 29 s. 1654 (9) (f); 1981 c. 347; 1993 a. 16, 123, 490.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.89 - Roads not to obstruct natural watercourse.

88.89
Roads not to obstruct natural watercourse.
(1)
Whenever any embankment, grade, culvert or bridge, including the approaches to the culvert or bridge, built or maintained by any person across a natural watercourse or natural draw obstructs the watercourse or draw so that waters therein are set back or diverted upon any lands in a drainage district, the person who built the embankment, grade, culvert or bridge shall enlarge the waterway through the embankment, grade, culvert or bridge and the approaches thereto so that it will not set back or divert waters upon lands in the district.
(2)
The drainage board or the owner of any land upon which water is set back or diverted by the obstruction described in sub. (1) may serve notice upon the owner or maintainer of the embankment, grade, culvert or bridge to enlarge the opening for the waterway or to make new openings in order to permit the water to pass without being set back or diverted onto the lands of the district. If the owner of or person maintaining the embankment, grade, culvert or bridge fails to comply with the directive of the notice within 60 days after receiving the notice, the drainage board on its own behalf, or on petition of the injured landowner, may conduct a hearing under sub. (3).
(3)
Upon receipt of a petition under sub. (2), the drainage board shall fix the time and place of a hearing on the petition and shall issue an order to the owner or maintainer of the embankment, grade, culvert or bridge to show cause why an order directing the work to be done should not be issued. At least 10 days before the time fixed for the hearing on the petition, the order to show cause shall be served on the owner or maintainer, or on both if both are named in the petition, as prescribed in s. 801.11 for the service of a summons.
(4)
If the drainage board is satisfied that the embankment, grade, bridge or culvert so obstructs the watercourse or draw that it causes water to be set back or diverted upon lands in the drainage district, the drainage board shall issue an order to the owner or maintainer of the embankment, grade, bridge or culvert to enlarge the waterway or construct a new waterway through the embankment, grade, bridge or culvert, as the facts warrant. The period of time that the embankment, grade, bridge or culvert has been in existence is no defense to a proceeding under this section.
(5)
Any person who fails to comply with an order issued under this section is liable to the injured party for all damages caused by the failure.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1977 c. 449; 1993 a. 456; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.90 - Removal of obstructions from natural watercourses.

88.90
Removal of obstructions from natural watercourses.
(1)
Whenever any natural watercourse becomes obstructed so that the natural flow of water along the same is retarded by the negligent action of the owner, occupant or person in charge of the land on which the obstruction is located, the owner or occupant of any lands damaged by such obstruction may request the removal thereof by giving notice in writing to such owner, occupant or person in charge of the land on which the obstruction is located.
(2)
If the obstruction is not removed within 6 days after receipt of such notice and if the obstruction is located in a village or town, the owner or occupant of the damaged lands may make complaint to the village or town board, filing at the same time a copy of the notice. The village trustees or town supervisors, after viewing the watercourse and upon being satisfied that the complaint is just, shall make recommendations in writing to the owner or occupant of the lands where the obstruction is located, for the removal of such obstruction. If such recommendations are not followed within a reasonable time, the village or town board shall order the obstruction removed. The cost of view and of removal shall be charged and assessed against the lands from which the obstruction was removed and shall be collected as other special assessments are collected.
(3)
Whenever any natural watercourse becomes obstructed through natural causes, the owner or occupant of any lands damaged by the effect which the obstruction has upon the flow of the water may go upon the land where the obstruction is located and remove it at that person's own expense. Such person is not guilty of trespass for entry upon the land but is liable for damage caused to crops or structures. The rights and privileges conferred by this subsection also extend to the agents or employees of the person causing the obstruction to be removed.
(4)
This section does not in any manner limit the scope of s. 88.87.
History:  1991 a. 316; 1995 a. 315.
Before proceeding under sub. (3), a permit to remove materials from the bed of a navigable waterway under s. 30.20 is required. State v. Dwyer, 91 Wis. 2d 440, 283 N.W.2d 448 (Ct. App. 1979).
If a municipality charges and assesses costs authorized under this section, it may collect them in the same manner it collects special assessments under s. 66.0703. However, if the municipality charges and assesses those costs under the authority granted under this section, it need not comply with the requirements for special assessments contained in s. 66.0703. Neither the cost of viewing and removal under sub. (2) and the cost of service to the property under s. 66.0703 includes the cost of legal services incurred by the municipality in defending against challenges to the removal of materials from a ditch. State ex rel. Robinson v. Town of Bristol, 2003 WI App 97, 264 Wis. 2d 318, 667 N.W.2d 14, 02-1427.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.91 - Penalty for placing obstruction in ditches.

88.91
Penalty for placing obstruction in ditches.
(1)
Except as authorized by s. 88.93, no person shall place any kind of obstruction to the free flow of water, including any soil willfully deposited, in any drainage ditch, constructed under any drainage law of this state or lawfully constructed by any other person, without first obtaining the written consent of the drainage board or other person or authority in charge of such ditch.
(2)
Any person violating this section may be fined not more than $100 and in addition is liable to the drainage district and to all persons whose ditches or lands are injured by such obstruction for all damages caused by the obstruction.
History:  1975 c. 108.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.92 - Private drains not to be connected with district drains.

88.92
Private drains not to be connected with district drains.
(1)
Except as provided in s. 88.93 no person may connect any drain with a district drain, extend any drain that connects with a district drain or remove any spoil bank except under written plans and specifications approved by the drainage board and under any conditions imposed by the drainage board. The drainage board may issue an order directing the removal or modification of a drain connected or extended in violation of this section or issue an order directing the restoration of any spoil bank removed in violation of this section, including violations that occurred before May 13, 1994.
(2)
(a)
In this subsection, “damages" includes the payments that the drainage district would have received during the time that the illegal connection or extension existed if the territory drained by the illegal connection or extension had been annexed to the district and an assessment for connection of the drain under s. 88.405 had been levied.
(b)
Any person who violates sub. (1) is liable to the district for all damages caused by the violation.
(3)
The board shall preserve a copy of any plans and specifications approved under sub. (1).
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.93 - Right to take water from drainage ditch.

88.93
Right to take water from drainage ditch.
Any owner of lands which are located in or which adjoin a drainage district and which border on a drainage ditch may take water from such ditch for use in flooding lands for cranberry culture or for irrigation, if such water is taken from the ditch in such a manner as not to injure the ditch and the taking thereof does not materially defeat the purposes of such drainage and, in case the water is to be used for irrigation, the permit required under s. 30.18 (2) (a) 2. has been obtained.
History:  1985 a. 60.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.03 - Rules.

89.03
Rules.
(1)
The examining board shall promulgate rules, within the limits of the definition under s. 89.02 (6), establishing the scope of practice permitted for veterinarians and veterinary technicians and shall review the rules at least once every 5 years to determine whether they are consistent with current practice. The examining board may promulgate rules relating to licensure qualifications, denial of a license, certification, or temporary permit, unprofessional conduct, and disciplinary proceedings.
(2)
The examining board shall promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine, except that the board may not require training or continuing education concerning the use, handling, distribution, and disposal of pesticides other than for disciplinary purposes.
(3)
The examining board shall promulgate rules specifying a procedure for addressing allegations that a person licensed or certified by the veterinary examining board under this chapter has practiced as a veterinarian or veterinary technician while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a person licensed by the veterinary examining board under this chapter who requests to participate in the procedure or who requests assistance in obtaining mental health services. In promulgating rules under this subsection, the examining board shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under this subsection may be used in conjunction with the formal disciplinary process under this chapter. The examining board may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.
History:  1987 a. 39; 1989 a. 279; 1995 a. 321; 2003 a. 103; 2009 a. 139; 2015 a. 55 s. 4492; Stats. 2015 s. 89.03; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.04 - Violations.

89.04
Violations.
The chairperson of the examining board shall institute actions for violations of this chapter by any person and for violations of ch. 450 or 961 by veterinarians. The district attorney of the county in which the offense is committed shall promptly prosecute any such violation upon being informed thereof, from any source.
History:  1985 a. 146; 1993 a. 184; 1995 a. 448; 2015 a. 55 s. 4493; Stats. 2015 s. 89.04.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.05 - Practice; penalties.

89.05
Practice; penalties.
(1)
Except as provided under sub. (2) and ss. 256.155 and 257.03, no person may offer to practice, advertise to practice or practice veterinary medicine, or use, in connection with his or her name, any title or description which may convey the impression that he or she is a veterinarian, without a license or temporary permit from the examining board. For purposes of this subsection, a person who makes extra-label use of a drug on an animal without a prescription or in any manner not authorized by that prescription is considered to be practicing veterinary medicine.
(2)
No veterinary license or temporary permit is required for the following activities or persons:
(a)
Artificial insemination, or for continuing the practice of pregnancy examinations of animals when such practice was engaged in prior to February 11, 1968.
(b)
Castrating male livestock, as defined in s. 95.68 (1) (d) or for dehorning or branding animals.
(c)
Students at a veterinary college approved by the examining board.
(d)
Certified veterinary technicians while working under the direct supervision of a veterinarian.
(e)
Employees of the federal government while engaged in their official duties.
(f)
Employees of an educational or research institution while engaged in teaching or research. This paragraph does not apply to employees of a school of veterinary medicine in this state who practice veterinary medicine on privately owned animals.
(g)
Employees of a school of veterinary medicine in this state who practice veterinary medicine on privately owned animals only as a part of their employment and who are licensed under s. 89.06 (2m).
(h)
Graduates of schools outside the United States and Canada who are enrolled in the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association while completing the required year of clinical assessment under the supervision of a veterinarian.
(3)
Any person violating this section may for the first offense be fined not more than $1,000, and for any 2nd offense within 3 years be fined not more than $3,000.
History:  1975 c. 309; 1977 c. 418; 1979 c. 337; 1981 c. 125; 1987 a. 39; 1991 a. 306; 1995 a. 321; 2005 a. 96, 237; 2009 a. 42; 2015 a. 55 s. 4494; Stats. 2015 s. 89.05; 2017 a. 166.
A license under sub. (2) (a) is not required for person to engage in artificial insemination of animals but is required for persons engaged in pregnancy examinations who were not engaged in practice prior to February 11, 1968. 78 Atty. Gen. 236.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.062 - Renewal; continuing education.

89.062
Renewal; continuing education.
(1)
Renewal. The renewal date for veterinary licenses and veterinary technician certifications is December 15 of each odd-numbered year, and the renewal fees for such licenses and certifications are determined by the department under s. 89.063.
(2)
Continuing education.
(a)
Except as provided in sub. (3), the examining board may not renew a veterinary license unless the applicant certifies that he or she has completed, during the preceding 2-year licensure period, at least 30 hours of continuing education programs or courses approved by the examining board.
(b)
Except as provided in sub. (3), the examining board may not renew a veterinary technician certification unless the applicant certifies that he or she has completed, during the preceding 2-year certification period, at least 15 hours of continuing education programs or courses approved by the examining board.
(c)
If any complaint is made against a veterinarian or veterinary technician, the examining board may require the veterinarian or veterinary technician to submit proof of the continuing education programs or courses that he or she has completed during the preceding 2-year licensure or certification period.
(3)
Exceptions.
(a)
Subsection (2) (a) and (b) does not apply to an applicant who applies to renew a license or certification that expires on the first expiration date after initial issuance of the license or certification.
(b)
The examining board may waive the requirements of sub. (2) (a) or (b) if it finds that exceptional circumstances, such as prolonged illness, disability, or other similar circumstances, have prevented an applicant from meeting the requirements.
History:  2003 a. 103 ss. 2, 4; 2007 a. 20; 2015 a. 55 s. 4496; Stats. 2015 s. 89.062.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.063 - Fees.

89.063
Fees.
The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06, 89.072, and 89.073, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter. The department shall notify the holder of each such license, certification, or permit of any fee adjustment under this subsection that affects that license, certification, or permit holder.
History:  2015 a. 55, 179.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.065 - Examinations.

89.065
Examinations.
(1)
Examinations under this chapter shall be designed to determine whether an applicant is competent to engage in the practice of veterinary medicine and shall be administered at least once annually. Examinations shall be objective and reliable, reasonably related to the skills likely to be needed by an applicant and seek to determine the applicant's preparedness to exercise such skills.
(2)
The examining board may require passage of a nationally recognized examination if the examination meets basic standards of objectivity. The examining board may administer a state written examination in elements of practice that are not covered in a national examination. The examining board may administer a practical or oral examination if such an examination tests knowledge and skills that cannot be measured or tested in a written examination.
(3)
The passing score on examinations for licensure and certification shall be determined by the examining board to represent a standard of minimum competency in the profession, as established by the examining board by rule.
History:  1987 a. 39; 2015 a. 55 s. 4497; Stats. 2015 s. 89.065.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.07 - Discipline.

89.07
Discipline.
(1)
In this section, “unprofessional conduct" includes, but is not limited to:
(a)
Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license or in making a report to the examining board.
(b)
Violating this chapter or any federal or state statute or rule that substantially relates to the practice of veterinary medicine.
(c)
Practicing veterinary medicine while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.
(d)
Engaging in false, misleading or deceptive advertising.
(e)
Making a substantial misrepresentation in the course of practice which is relied upon by a client.
(f)
Engaging in conduct in the practice of veterinary medicine which evidences a lack of knowledge or ability to apply professional principles or skills.
(fm)
Handling, distributing, using or disposing of pesticides in violation of ss. 94.67 to 94.71 or the rules promulgated under ss. 94.67 to 94.71.
(g)
Obtaining or attempting to obtain compensation by fraud or deceit.
(h)
Violating any order of the examining board.
(2)
Subject to subch. II of ch. 111, the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person's license, certification, or permit if the person has:
(a)
Engaged in unprofessional conduct.
(b)
Been adjudicated mentally incompetent by a court.
(c)
Been found guilty of an offense the circumstances of which substantially relate to the practice of veterinary medicine.
(3)
In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certification, or permit a forfeiture of not more than $5,000 for each violation of s. 89.068.
History:  1987 a. 39; 1989 a. 279; 1991 a. 306; 2015 a. 55 s. 4499; Stats. 2015 s. 89.07.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.071 - Administrative warnings.

89.071
Administrative warnings.
(1)
If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.
(2)
A credential holder may obtain review of an administrative warning through a personal appearance before the examining board.
(3)
(a)
An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b), may not be used as evidence that the credential holder is guilty of the alleged misconduct.
(b)
If the examining board receives a subsequent complaint of misconduct by a credential holder against whom the examining board issued an administrative warning, the examining board may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the credential holder, and the administrative warning may be used as evidence in a subsequent disciplinary proceeding that the credential holder had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.
(4)
The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential.
History:  2015 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.0715 - Assessment of costs.

89.0715
Assessment of costs.
(1)
In this section, “costs of the proceeding" means all of the following:
(a)
Compensation and reasonable expenses of hearing examiners and prosecuting attorneys for the department and examining board.
(b)
A reasonable disbursement for the service of process or other papers.
(c)
Amounts actually paid out for certified copies of records in any public office and for postage, telephoning, adverse examinations and depositions, copies, expert witness fees, and witness fees and expenses.
(d)
Compensation and reasonable expenses of experts and investigators.
(e)
Compensation and reasonable expenses of a reporter for recording and transcribing testimony.
(2)
In any disciplinary proceeding against a holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 in which the examining board orders suspension, limitation, or revocation of the credential or reprimands the credential holder, the examining board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the credential 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 beginning on the date that payment of the costs are due as ordered by the examining board. Upon the request of the department, 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 examining board assesses costs of the proceeding to a credential holder under sub. (2), the examining 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 all accrued interest.
History:  2015 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.072 - Licensees of other jurisdictions.

89.072
Licensees of other jurisdictions.
(1)
Upon application and payment of the fee established under s. 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.
(2)
Upon application and payment of the fee established under s. 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.
History:  1987 a. 39; 2015 a. 55 s. 4500; Stats. 2015 s. 89.072.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.073 - Reciprocal credentials for service members, former service members, and their spouses.

89.073
Reciprocal credentials for service members, former service members, and their spouses.
(1)
In this section:
(a)
“Former service member” means a person who was discharged from the U.S. armed forces under conditions other than dishonorable within 4 years of the date on which the service member or the spouse of the service member applies for a license, certification, or permit under this section.
(b)
“Service member” means a member of the U.S. armed forces, a reserve unit of the U.S. armed forces, or the national guard of any state.
(c)
“Spouse” includes the spouse of a person who died while in service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.
(2)
The examining board shall grant a license, certification, or permit specified under s. 89.06 to an individual who the examining board determines meets all of the following requirements:
(a)
The individual applies for a credential under this section on a form prescribed by the examining board.
(b)
The individual is a service member, a former service member, or the spouse of a service member or former service member and resides in this state.
(c)
The individual holds a credential that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential specified under s. 89.06.
(d)
The individual pays the fee established under s. 89.063.
(f)
The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a credential that qualifies the individual to perform acts authorized under the appropriate credential specified under s. 89.06.
(2m)
If an individual is unable to provide documentation that the individual is a service member, former service member, or the spouse of a service member or former service member, the individual may submit an affidavit to the examining board stating that the individual is a service member, former service member, or the spouse of a service member or former service member.
(3)
(a)
A credential granted under this section expires on the renewal date specified in s. 89.062 (1), except that if the first renewal date specified in s. 89.062 (1) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 89.062 (1) after the date on which the credential is granted.
(b)
The examining board shall grant a renewed license, certification, or permit specified under s. 89.06 to an applicant who pays the renewal fee specified under s. 89.063 and satisfies the renewal requirements under s. 89.062.
(4)
The examining board shall expedite the issuance of a license, certification, or permit granted under this section.
(5)
The examining board may promulgate rules necessary to implement this section.
History:  2015 a. 179; 2019 a. 143.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.075 - Access to health care records.

89.075
Access to health care records.
The owner of any animal patient of a veterinarian, or any other person who submits to the veterinarian a statement of written informed consent signed by the owner, may, upon request to the veterinarian:
(1)
Receive a copy of the animal patient's health care records upon payment of reasonable costs.
(2)
Have the animal patient's X-rays referred to another veterinarian of the owner's choice upon payment of reasonable costs.
History:  1987 a. 39; 2015 a. 55 s. 4501; Stats. 2015 s. 89.075.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.078 - Background investigations.

89.078
Background investigations.
(1)
The examining board may conduct an investigation to determine whether an applicant for a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 satisfies any of the eligibility requirements specified for the license, certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335, whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the examining board may require an applicant to provide any information that is necessary for the investigation.
(2)
A person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgment of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
(3)
The examining board may investigate whether an applicant for or holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 has been charged with or convicted of a crime.
History:  2015 a. 55, 179.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.079 - Unauthorized practice.

89.079
Unauthorized practice.
(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 this chapter.
(2)
If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing 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 required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.
(4)
(a)
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)
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:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 89 - Veterinary examining board. › 89.08 - Injunctive relief.

89.08
Injunctive relief.
If it appears upon complaint to the examining board by any person, or if it is known to the examining board, that any person is practicing veterinary medicine without a license, the examining board, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.
History:  1987 a. 39; 2015 a. 55 s. 4502; Stats. 2015 s. 89.08.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.01 - Fence viewers.

90.01
Fence viewers.
The supervisors in their respective towns, the alderpersons of cities in their respective aldermanic districts, and the trustees of villages in their respective villages shall be fence viewers.
History:  1971 c. 304 s. 29 (1); 1993 a. 184.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of ss. 90.10 to 90.12. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
Town supervisors are not authorized by this chapter to settle boundary disputes. 70 Atty. Gen. 187.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.03 - Partition fences; when required.

90.03
Partition fences; when required.
The respective occupants of adjoining lands used and occupied for farming or grazing purposes, and the respective owners of adjoining lands when the lands of one of such owners is used and occupied for farming or grazing purposes, shall keep and maintain partition fences between their own and the adjoining premises in equal shares so long as either party continues to so occupy the lands, except that the occupants of the lands may agree to the use of markers instead of fences, and such fences shall be kept in good repair throughout the year unless the occupants of the lands on both sides otherwise mutually agree.
History:  1995 a. 41.