reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Revenue › Chapter Tax 63 - Nonprofit organization retailers › Section Tax 63.04 - Temporary nonprofit organization retailer certificate of authority

Current through June 24, 2024
(1)
			 When a nonprofit organization is awarded a contract or a contract renewal under
			 this chapter, the organization shall pay $10.00 to the Wisconsin lottery for a
			 nonassignable and nontransferable certificate of authority. Included as an
			 addendum to the certificate shall be a list from the contract document,
			 specifying the locations at which the nonprofit organization retailer is
			 authorized to sell break-open tickets. Except as otherwise provided in this
			 section, a certificate of authority may authorize sales at more than one
			 location.
(2) The certificate of
			 authority shall be temporary, limiting nonprofit organization retailer sales to
			 specified locations. A certificate of authority and any amendment of it may
			 authorize a nonprofit organization retailer to sell Wisconsin lottery
			 break-open tickets at more than one location, provided the contract document
			 and certificate indicate a single permanent primary location from which the
			 contract and certificate may not be transferred, in accordance with s.
			 565.10(10) and
			 (12), Stats. Any other locations that are
			 subsequently amended to the contract and certificate may not be considered as
			 permanent primary locations.
(3) If
			 the certificate is lost, mutilated or destroyed, the nonprofit organization
			 retailer shall within 15 calendar days request in writing and submit a
			 completed application for a duplicate certificate.
(4) A mutilated certificate shall be
			 surrendered to the administrator upon issuance of a duplicate. A lost
			 certificate, when found, shall be surrendered to the administrator within 15
			 calendar days of its recovery.
(5)
			 If an organization wishes to sell Wisconsin lottery break-open tickets at a
			 location not specified in its retailer contract, it shall apply to the
			 Wisconsin lottery for an amendment to its retailer contract. The application
			 for an amendment must be approved by the Wisconsin lottery at least 15 calendar
			 days before the nonprofit organization begins selling break-open tickets at the
			 new location.
Section Tax 63.04 interpretss.
				  565.10(8) to
				  (12), Stats.
Wisconsin Administrative Code › Department of Revenue › Chapter Tax 63 - Nonprofit organization retailers › Section Tax 63.07 - Limitation on length of suspension

Current through June 24, 2024
A suspension shall be limited to a maximum of 45 calendar days,
				during which time the administrator shall consider the appropriate permanent
				action to be taken, including, but not limited to, termination of the nonprofit
				organization retailer contract.
Section Tax 63.07 interpretss.
				  565.12,
				  Stats.
Wisconsin Administrative Code › Department of Revenue › Chapter Tax 63 - Nonprofit organization retailers › Section Tax 63.08 - Prize structure of nonprofit organization retailer break-open ticket games

Current through June 24, 2024
The administrator shall offer nonprofit organization retailers
				under this chapter a selection of at least 2 break-open ticket games with prize
				structures ranging from not less than 50% of sales to not more than 80% of
				sales.
Section Tax 63.08 interpretss.
				  565.30,
				  Stats.
Wisconsin Administrative Code › Department of Revenue › Chapter Tax 63 - Nonprofit organization retailers › Section Tax 63.09 - Ticket cost to nonprofit organization retailer and nonprofit organization retailer compensation

Current through June 24, 2024
The cost to the nonprofit organization retailer of break-open
				lottery tickets under this chapter shall be 10% of the face price of the
				tickets. The retailer shall be entitled to retain all proceeds from sales less
				redeemed prizes.
Section Tax 63.09 interpretss.
				  565.10(14) and
				  (15), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.01 - Authority and scope

Current through June 24, 2024
Rules in this chapter are adopted under authority in s.
					 440.03(1),
					 Stats., for the purpose of governing review of a decision to deny an
					 application. Rules in this chapter do not apply to denial of an application for
					 renewal of a credential. Rules in this chapter shall apply to applications
					 received on or after July 1, 1996.
Procedures used for denial of an application for renewal
						of a credential are found in Ch. SPS 2, Wis. Admin. Code and s.
						227.01(3)
						(b),
						Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Applicant" means any person who applies
				  for a credential from the applicable credentialing authority. "Person" in this
				  subsection includes a business entity.
(1g) "Breach of examination security" means
				  any of the following:
(a) Removing from the
				  examination room any examination materials without authorization.
(b) Reproducing, or assisting a person in
				  reproducing, any portion of the credentialing examination by any means and
				  without authorization.
(c) Paying a
				  person to take the credentialing examination to discover the content of any
				  portion of the credentialing examination.
(d) Obtaining examination questions or other
				  examination materials, except by specific authorization before, during, or
				  after an examination.
(e) Using, or
				  purporting to use, improperly obtained examination questions or materials to
				  instruct or prepare an applicant for the credentialing examination.
(f) Selling, distributing, buying, receiving
				  or having unauthorized possession of any portion of a future, current, or
				  previously administered credentialing examination.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.04 - Examination failure: retake and hearing, consequences of cheating on an examination or breach of examination security

Current through June 24, 2024
(1) An applicant
				  may request a hearing to challenge the validity, scoring or administration of
				  an examination if the applicant has exhausted other available administrative
				  remedies, including, but not limited to, internal examination review and
				  regrading, and if either:
(a) The applicant
				  is no longer eligible to retake a qualifying examination.
(b) Reexamination is not available within 6
				  months from the date of the applicant's last examination.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.05 - Notice of intent to deny, notice of denial and notice of cheating on an examination or breach of examination security

Current through June 24, 2024
(1) NOTICE OF
				  INTENT TO DENY.
(a) A notice of intent to
				  deny may be issued upon an initial determination that the applicant does not
				  meet the eligibility requirements for a credential. A notice of intent to deny
				  shall contain a short statement in plain language of the basis for the
				  anticipated denial, specify the statute, rule or other standard upon which the
				  denial will be based and state that the application shall be denied unless,
				  within 45 calendar days from the date of the mailing of the notice, the
				  credentialing authority receives additional information which shows that the
				  applicant meets the requirements for a credential. The notice shall be
				  substantially in the form shown in Appendix I.
(b) If the credentialing authority does not
				  receive additional information within the 45 day period, the notice of intent
				  to deny shall operate as a notice of denial and the 45 day period for
				  requesting a hearing described in s.
				  SPS 1.07
				  shall commence on the date of mailing of the notice of intent to
				  deny.
(c) If the credentialing
				  authority receives additional information within the 45 day period which fails
				  to show that the applicant meets the requirements for a credential, a notice of
				  denial shall be issued under sub. (2).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.06 - Parties to a denial review proceeding

Current through June 24, 2024
Parties to a denial review proceeding are the applicant,
					 the credentialing authority and any person admitted to appear under s.
					 227.44(2m),
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.07 - Request for hearing

Current through June 24, 2024
An applicant may request a hearing within 45 calendar days
					 after the mailing of a notice of denial by the credentialing authority or
					 notice of cheating on an examination or breach of examination security by the
					 office of examinations. The request shall be in writing and set forth all of
					 the following:
(1) The applicant's
				  name and address.
(2) The type of
				  credential for which the applicant has applied.
(3) A specific description of the mistake in
				  fact or law which constitutes reasonable grounds for reversing the decision to
				  deny the application for a credential or for reversing a determination of
				  cheating on an examination or a determination of breach of examination
				  security. If the applicant asserts that a mistake in fact was made, the request
				  shall include a concise statement of the essential facts which the applicant
				  intends to prove at the hearing. If the applicant asserts a mistake in law was
				  made, the request shall include a statement of the law upon which the applicant
				  relies.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.08 - Procedure

Current through June 24, 2024
(1) REVIEW OF REQUEST FOR HEARING. Within 45
				  calendar days of receipt of a request for hearing, the credentialing authority
				  or its designee shall grant or deny the request for a hearing on a denial of a
				  credential or on a determination of cheating on an examination or a
				  determination of breach of examination security. A request shall be granted if
				  requirements in s.
				  SPS 1.07 are
				  met, and the credentialing authority or its designee shall notify the applicant
				  of the time, place and nature of the hearing. If the requirements in s.
				  SPS 1.07 are
				  not met, a hearing shall be denied, and the credentialing authority or its
				  designee shall inform the applicant in writing of the reason for denial. For
				  purposes of a petition for review under s.
				  227.52,
				  Stats., a request is denied if a response to a request for hearing is not
				  issued within 45 calendar days of its receipt by the credentialing
				  authority.
(2) DESIGNATION OF
				  PRESIDING OFFICER. An administrative law judge shall preside over denial
				  hearings. The administrative law judge shall be employed by the department of
				  administration.
(3) DISCOVERY.
				  Unless the parties otherwise agree, no discovery is permitted, except for the
				  taking and preservation of evidence as provided in ch. 804, Stats., with
				  respect to witnesses described in s.
				  227.45(7) (a) to
				  (d), Stats. An applicant may inspect records
				  under s.
				  19.35,
				  Stats., the public records law.
(4)
				  BURDEN OF PROOF. The applicant has the burden of proof to show by evidence
				  satisfactory to the credentialing authority that the applicant meets the
				  eligibility requirements set by law for the credential. The office of
				  examinations has the burden of proof to show by a preponderance of the evidence
				  that the applicant cheated on an examination or breached examination
				  security.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.09 - Conduct of hearing

Current through June 24, 2024
(1) RECORD. A stenographic, electronic or
				  other record shall be made of all hearings in which the testimony of witnesses
				  is offered as evidence, and of other oral proceedings when requested by a
				  party.
(2) ADJOURNMENTS. The
				  presiding officer may, for good cause, grant continuances, adjournments and
				  extensions of time.
(3) SUBPOENAS.
(a) Subpoenas for the attendance of any
				  witness at a hearing in the proceeding may be issued in accordance with s.
				  227.45(6m),
				  Stats.
(b) A presiding officer may
				  issue protective orders according to the provisions of s.
				  805.07, Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.10 - Service

Current through June 24, 2024
Service of any document on an applicant may be made by mail
					 addressed to the applicant at the last address filed in writing by the
					 applicant with the credentialing authority. Service by mail is complete on the
					 date of mailing.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.11 - Failure to appear

Current through June 24, 2024
In the event that neither the applicant nor his or her
					 representative appears at the time and place designated for the hearing, the
					 credentialing authority may take action based upon the record as submitted. By
					 failing to appear, an applicant waives any right to appeal the action taken by
					 the credentialing authority.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.12 - Withdrawal of request

Current through June 24, 2024
A request for hearing may be withdrawn at any time. Upon
					 receipt of a request for withdrawal, the credentialing authority shall issue an
					 order affirming the withdrawal of a request for hearing on the denial or on the
					 determination of cheating on an examination or determination of breach of
					 examination security.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 1 - Procedures To Review Denial Of An Application › Section SPS 1.13 - Transcription fees

Current through June 24, 2024
(1) The fee charged for a transcript of a
				  proceeding under this chapter shall be computed by the person or reporting
				  service preparing the transcript on the following basis:
(a) If the transcript is prepared by a
				  reporting service, the fee charged for an original transcription and for copies
				  shall be the amount identified in the state operational purchasing bulletin
				  which identifies the reporting service and its fees.
(b) If a transcript is prepared by the
				  department, the department shall charge a transcription fee of $1.75 per page
				  and a copying charge of $.25 per page. If 2 or more persons request a
				  transcript, the department shall charge each requester a copying fee of $.25
				  per page, but may divide the transcript fee equitably among the requesters. If
				  the department has prepared a written transcript for its own use prior to the
				  time a request is made, the department shall assume the transcription fee, but
				  shall charge a copying fee of $.25 per page.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.01 - Authority

Current through June 24, 2024
The rules in ch. SPS 2 are adopted pursuant to authority in
					 s.
					 440.03(1),
					 Stats., and procedures in ch. 227, Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.02 - Scope; kinds of proceedings

Current through June 24, 2024
The rules in this chapter govern procedures in class 2
					 proceedings, as defined in s.
					 227.01(3)
					 (b), Stats., against licensees before the
					 department and all disciplinary authorities attached to the department, except
					 that s.
					 SPS 2.17
					 applies also to class 1 proceedings, as defined in s.
					 227.01(3)
					 (a), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Complainant" means the person who signs
				  a complaint.
(2) "Complaint" means
				  a document which meets the requirements of ss.
				  SPS
				  2.05 and
				  2.06.
(3) "Department" means the department of
				  safety and professional services.
(4) "Disciplinary authority" means the
				  department or the attached examining board or board having authority to revoke
				  the license of the holder whose conduct is under investigation.
(5) "Disciplinary proceeding" means a
				  proceeding against one or more licensees in which a disciplinary authority may
				  determine to revoke or suspend a license, to reprimand a licensee, to limit a
				  license, to impose a forfeiture, or to refuse to renew a license because of a
				  violation of law.
(6) "Division"
				  means the division of legal services and compliance in the
				  department.
(7) "Informal
				  complaint" means any written information submitted to the division or any
				  disciplinary authority by any person which requests that a disciplinary
				  proceeding be commenced against a licensee or which alleges facts, which if
				  true, warrant discipline.
(8)
				  "Licensee" means a person, partnership, corporation or association holding any
				  license, permit, certificate or registration granted by a disciplinary
				  authority or having any right to renew a license, permit, certificate or
				  registration granted by a disciplinary authority.
(9) "Respondent" means the person against
				  whom a disciplinary proceeding has been commenced and who is named as
				  respondent in a complaint.
(10)
				  "Settlement conference" means a proceeding before a disciplinary authority or
				  its designee conducted according to s.
				  SPS
				  2.036, in which a conference with one or more licensee
				  is held to attempt to reach a fair disposition of an informal complaint prior
				  to the commencement of a disciplinary proceeding.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.035 - Receiving informal complaints

Current through June 24, 2024
All informal complaints received shall be referred to the
					 division for filing, screening and, if necessary, investigation. Screening
					 shall be done by the disciplinary authority, or, if the disciplinary authority
					 directs, by a disciplinary authority member or the division. In this section,
					 screening is a preliminary review of complaints to determine whether an
					 investigation is necessary. Considerations in screening include, but are not
					 limited to:
(1) Whether the person
				  complained against is licensed;
(2)
				  Whether the violation alleged is a fee dispute;
(3) Whether the matter alleged, if taken as a
				  whole, is trivial; and
(4) Whether
				  the matter alleged is a violation of any statute, rule or standard of
				  practice.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.036 - Procedure for settlement conferences

Current through June 24, 2024
At the discretion of the disciplinary authority, a
					 settlement conference may be held prior to the commencement of a disciplinary
					 proceeding, pursuant to the following procedures:
(1) SELECTION OF INFORMAL COMPLAINTS. The
				  disciplinary authority or its designee may determine that a settlement
				  conference is appropriate during an investigation of an informal complaint if
				  the information gathered during the investigation presents reasonable grounds
				  to believe that a violation of the laws enforced by the disciplinary authority
				  has occurred. Considerations in making the determination may include, but are
				  not limited to:
(a) Whether the issues arising
				  out of the investigation of the informal complaint are clear, discrete and
				  sufficiently limited to allow for resolution in the informal setting of a
				  settlement conference; and
(b)
				  Whether the facts of the informal complaint are undisputed or clearly
				  ascertainable from the documents received during investigation by the
				  division.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.037 - Parties to a disciplinary proceeding

Current through June 24, 2024
Parties to a disciplinary proceeding are the respondent,
					 the division and the disciplinary authority before which the disciplinary
					 proceeding is heard.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.04 - Commencement of disciplinary proceedings

Current through June 24, 2024
Disciplinary proceedings are commenced when a notice of
					 hearing is filed in the disciplinary authority office or with a designated
					 administrative law judge.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.05 - Pleadings to be captioned

Current through June 24, 2024
All pleadings, notices, orders, and other papers filed in
					 disciplinary proceedings shall be captioned: "BEFORE THE __________" and shall
					 be entitled: "IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST _____________,
					 RESPONDENT."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.06 - Complaint

Current through June 24, 2024
A complaint may be made on information and belief and shall
					 contain:
(1) The name and address of
				  the licensee complained against and the name and address of the
				  complainant;
(2) A short statement
				  in plain language of the cause for disciplinary action identifying with
				  reasonable particularity the transaction, occurrence or event out of which the
				  cause arises and specifying the statute, rule or other standard alleged to have
				  been violated;
(3) A request in
				  essentially the following form: "Wherefore, the complainant demands that the
				  disciplinary authority hear evidence relevant to matters alleged in this
				  complaint, determine and impose the discipline warranted, and assess the costs
				  of the proceeding against the respondent;" and,
(4) The signature of the
				  complainant.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.07 - Notice of hearing

Current through June 24, 2024
(1) A notice of hearing shall be sent to the
				  respondent at least 10 days prior to the hearing, unless for good cause such
				  notice is impossible or impractical, in which case shorter notice may be given,
				  but in no case may the notice be provided less than 48 hours in advance of the
				  hearing.
(2) A notice of hearing to
				  the respondent shall be substantially in the form shown in Appendix 1 and
				  signed by a disciplinary authority member or an attorney in the
				  division.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.08 - Service and filing of complaint, notice of hearing and other papers

Current through June 24, 2024
(1) The complaint,
				  notice of hearing, all orders and other papers required to be served on a
				  respondent may be served by mailing a copy of the paper to the respondent at
				  the last known address of the respondent or by any procedure described in s.
				  801.14(2),
				  Stats. Service by mail is complete upon mailing.
(2) Any paper required to be filed with a
				  disciplinary authority may be mailed to the disciplinary authority office or,
				  if an administrative law judge has been designated to preside in the matter, to
				  the administrative law judge and shall be deemed filed on the date of the
				  postmark. Materials submitted by personal service and by inter-departmental
				  mail shall be considered filed on the date they are received at the
				  disciplinary authority office or by the administrative law judge. An answer
				  under s.
				  SPS 2.09, motions under s.
				  SPS 2.15, and
				  any other documents required to be filed may be filed and served by facsimile
				  transmission or by electronic mail. For materials transmitted by facsimile, the
				  date received shall determine the date of filing. For materials transmitted by
				  electronic mail, the filing date shall be the date that the electronic mail was
				  sent.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.09 - Answer

Current through June 24, 2024
(1) An answer to a complaint shall state in
				  short and plain terms the defenses to each cause asserted and shall admit or
				  deny the allegations upon which the complainant relies. If the respondent is
				  without knowledge or information sufficient to form a belief as to the truth of
				  the allegation, the respondent shall so state and this has the effect of a
				  denial. Denials shall fairly meet the substance of the allegations denied. The
				  respondent shall make denials as specific denials of designated allegations or
				  paragraphs but if the respondent intends in good faith to deny only a part or a
				  qualification of an allegation, the respondent shall specify so much of it as
				  true and material and shall deny only the remainder.
(2) The respondent shall set forth
				  affirmatively in the answer any matter constituting an affirmative
				  defense.
(3) Allegations in a
				  complaint are admitted when not denied in the answer.
(4) An answer to a complaint shall be filed
				  within 20 days from the date of service of the complaint.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.10 - Administrative law judge

Current through June 24, 2024
(1) DESIGNATION. Disciplinary hearings shall
				  be presided over by an administrative law judge employed by the department of
				  administration.
(2) AUTHORITY. An
				  administrative law judge designated under this section to preside over any
				  disciplinary proceeding has the authority described in s.
				  227.46(1),
				  Stats. Unless otherwise directed by a disciplinary authority pursuant to s.
				  227.46(3),
				  Stats., an administrative law judge presiding over a disciplinary proceeding
				  shall prepare a proposed decision, including findings of fact, conclusions of
				  law, order and opinion, in a form that may be adopted as the final decision in
				  the case.
(3) SERVICE OF PROPOSED
				  DECISION. Unless otherwise directed by a disciplinary authority, the proposed
				  decision shall be served by the administrative law judge on all parties with a
				  notice providing each party adversely affected by the proposed decision with an
				  opportunity to file with the disciplinary authority objections and written
				  argument with respect to the objections. A party adversely affected by a
				  proposed decision shall have at least 10 days from the date of service of the
				  proposed decision to file objections and argument.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.11 - Prehearing conference

Current through June 24, 2024
In any matter pending before the disciplinary authority the
					 complainant and the respondent, or their attorneys, may be directed by the
					 disciplinary authority or administrative law judge to appear at a conference or
					 to participate in a telephone conference to consider the simplification of
					 issues, the necessity or desirability of amendments to the pleadings, the
					 admission of facts or documents which will avoid unnecessary proof and such
					 other matters as may aid in the disposition of the matter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.12 - Settlements

Current through June 24, 2024
No stipulation or settlement agreement disposing of a
					 complaint or informal complaint shall be effective or binding in any respect
					 until reduced to writing, signed by the respondent and approved by the
					 disciplinary authority.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.13 - Discovery

Current through June 24, 2024
The person prosecuting the complaint and the respondent
					 may, prior to the date set for hearing, obtain discovery by use of the methods
					 described in ch. 804, Stats., for the purposes set forth therein. Protective
					 orders, including orders to terminate or limit examinations, orders compelling
					 discovery, sanctions provided in s.
					 804.12,
					 Stats., or other remedies as are appropriate for failure to comply with such
					 orders may be made by the presiding officer.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.14 - Default

Current through June 24, 2024
If the respondent fails to answer as required by s.
					 SPS 2.09 or fails to
					 appear at the hearing at the time fixed therefor, the respondent is in default
					 and the disciplinary authority may make findings and enter an order on the
					 basis of the complaint and other evidence. The disciplinary authority may, for
					 good cause, relieve the respondent from the effect of such findings and permit
					 the respondent to answer and defend at any time before the disciplinary
					 authority enters an order or within a reasonable time
					 thereafter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.15 - Conduct of hearing

Current through June 24, 2024
(1) PRESIDING OFFICER. The hearing shall be
				  presided over by a member of the disciplinary authority or an administrative
				  law judge designated pursuant to s.
				  SPS
				  2.10.
(2)
				  RECORD. A stenographic, electronic or other record shall be made of all
				  hearings in which the testimony of witnesses is offered as evidence.
(3) EVIDENCE. The complainant and the
				  respondent shall have the right to appear in person or by counsel, to call,
				  examine, and cross-examine witnesses and to introduce evidence into the
				  record.
(4) BRIEFS. The presiding
				  officer may require the filing of briefs.
(5) MOTIONS. All motions, except those made
				  at hearing, shall be in writing, filed with the presiding officer and a copy
				  served upon the opposing party not later than 5 days before the time specified
				  for hearing the motion.
(5m)
				  SUMMARY JUDGEMENT. The parties may use the summary judgment procedure provided
				  in s.
				  802.08,
				  Stats.
(6) ADJOURNMENTS. The
				  presiding officer may, for good cause, grant continuances, adjournments and
				  extensions of time.
(7) SUBPOENAS.
(a) Subpoenas for the attendance of any
				  witness at a hearing in the proceeding may be issued in accordance with s.
				  885.01,
				  Stats. Service shall be made in the manner provided in s.
				  805.07(5),
				  Stats. A subpoena may command the person to whom it is directed to produce the
				  books, papers, documents, or tangible things designated therein.
(b) A presiding officer may issue protective
				  orders according to the provision the provisions of s.
				  805.07, Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.16 - Witness fees and costs

Current through June 24, 2024
Witnesses subpoenaed at the request of the division or the
					 disciplinary authority shall be entitled to compensation from the state for
					 attendance and travel as provided in ch. 885, Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.17 - Transcription fees

Current through June 24, 2024
(1) The fee charged for a transcript of a
				  proceeding under this chapter shall be computed by the person or reporting
				  service preparing the transcript on the following basis:
(a) If the transcript is prepared by a
				  reporting service, the fee charged for an original transcription and for copies
				  shall be the amount identified in the state operational purchasing bulletin
				  which identifies the reporting service and its fees.
(b) If a transcript is prepared by the
				  department, the department shall charge a transcription fee of $1.75 per page
				  and a copying charge of $.25 per page. If 2 or more persons request a
				  transcript, the department shall charge each requester a copying fee of $.25
				  per page, but may divide the transcript fee equitably among the requesters. If
				  the department has prepared a written transcript for its own use prior to the
				  time a request is made, the department shall assume the transcription fee, but
				  shall charge a copying fee of $.25 per page.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.18 - Assessment of costs

Current through June 24, 2024
(1) The proposed decision of an
				  administrative law judge following hearing shall include a recommendation
				  whether all or part of the costs of the proceeding shall be assessed against
				  the respondent.
(2) If a respondent
				  objects to the recommendation of an administrative law judge that costs be
				  assessed, objections to the assessment of costs shall be filed, along with any
				  other objections to the proposed decision, within the time established for
				  filing of objections.
(3) The
				  disciplinary authority's final decision and order imposing discipline in a
				  disciplinary proceeding shall include a determination whether all or part of
				  the costs of the proceeding shall be assessed against the respondent.
(4) When costs are imposed, the division and
				  the administrative law judge shall file supporting affidavits showing costs
				  incurred. The respondent shall file any objection to the affidavits within 15
				  days of the date of mailing of both affidavits from the division and
				  administrative law judge to the respondent. The disciplinary authority shall
				  review any objections, along with the affidavits, and issue an order fixing
				  costs without a hearing.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 2 - Procedures For Pleading And Hearings › Section SPS 2.20 - Extension of time limits in disciplinary actions against physicians

Current through June 24, 2024
(1) AUTHORITY AND
				  PURPOSE. The rules in this section are adopted under the authority of ss.
				  15.08(5)
				  (b),
				  227.11(2)
				  and
				  448.02(3)
				  (cm), Stats., to govern the extension of time
				  limits in disciplinary actions against physicians.
(2) COMPUTING TIME LIMITS. In computing time
				  limits under s.
				  448.02(3)
				  (cm), Stats., the date of initiating an
				  investigation shall be the date of the decision to commence an investigation of
				  an informal complaint following the screening of the informal complaint under
				  s.
				  SPS
				  2.035, except that if the decision to commence an
				  investigation of an informal complaint is made more than 45 days after the date
				  of receipt of the informal complaint in the division, or if no screening of the
				  informal complaint is conducted, the time for initiating an investigation shall
				  commence 45 days after the date of receipt of the informal complaint in the
				  division. The date that the medical examining board initiates a disciplinary
				  action shall be the date that a disciplinary proceeding is commenced under s.
				  SPS
				  2.04.
(3)
				  PROCEDURE FOR REQUESTING AN EXTENSION OF TIME. The medical examining board or
				  the division on behalf of the medical examining board shall make a written
				  request for an extension of time under s.
				  448.02(3)
				  (cm), Stats., to the secretary of the
				  department of safety and professional services and shall state all of the
				  following:
(a) The nature of the
				  investigation and the date of initiating the investigation.
(b) The number of days the medical examining
				  board requires as an extension in order to determine whether a physician is
				  guilty of unprofessional conduct or negligence in treatment and to initiate
				  disciplinary action.
(c) The
				  reasons why the medical examining board has not made a decision within the time
				  specified under s.
				  448.02(3)
				  (cm), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.01 - Authority

Current through June 24, 2024
The rules in ch. SPS 3 are adopted pursuant to authority in
					 ss.
					 440.03(1)
					 and
					 440.21,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.02 - Scope; kinds of proceedings

Current through June 24, 2024
The rules in this chapter govern procedures in public
					 hearings before the department to determine 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 459, Stats., and for issuance of an administrative
					 injunction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Administrative injunction" means a
				  special order enjoining a person from the continuation of a practice or use of
				  a title without a credential required under chs. 440 to 459, Stats.
(2) "Credential" means a license, permit, or
				  certificate of certification or registration that is issued under chs. 440 to
				  459, Stats.
(3) "Department" means
				  the department of safety and professional services.
(4) "Division" means the division of legal
				  services and compliance in the department.
(5) "Petition" means a document which meets
				  the requirements of s.
				  SPS
				  3.05.
(6)
				  "Respondent" means the person against whom an administrative injunction
				  proceeding has been commenced and who is named as respondent in a
				  petition.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.04 - Pleadings to be captioned

Current through June 24, 2024
All pleadings, notices, orders, and other papers filed in
					 an administrative injunction proceeding shall be captioned: "BEFORE THE
					 DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES" and shall be entitled: "IN THE
					 MATTER OF A PETITION FOR AN ADMINISTRATIVE INJUNCTION INVOLVING
					 _________________, RESPONDENT."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.05 - Petition for administrative injunction

Current through June 24, 2024
A petition for an administrative injunction shall allege
					 that a person has engaged in a practice or used a title without a credential
					 required under chs. 440 to 459, Stats. A petition may be made on information
					 and belief and shall contain:
(1) The
				  name and address of the respondent and the name and address of the attorney in
				  the division who is prosecuting the petition for the division;
(2) A short statement in plain language of
				  the basis for the division's belief that the respondent has engaged in a
				  practice or used a title without a credential required under chs. 440 to 459,
				  Stats., and specifying the statute or rule alleged to have been
				  violated;
(3) A request in
				  essentially the following form: "Wherefore, the division demands that a public
				  hearing be held and that the department issue a special order enjoining the
				  person from the continuation of the practice or use of the title;"
				  and,
(4) The signature of an
				  attorney authorized by the division to sign the petition.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.06 - Notice of hearing

Current through June 24, 2024
(1) A notice of hearing shall be sent to the
				  respondent by the division at least 10 days prior to the hearing, except in the
				  case of an emergency in which shorter notice may be given, but in no case may
				  the notice be provided less than 48 hours in advance of the hearing.
(2) A notice of hearing to the respondent
				  shall be essentially in the form shown in Appendix I and signed by an attorney
				  in the division.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.07 - Service and filing of petition, notice of hearing and other papers

Current through June 24, 2024
(1) The petition,
				  notice of hearing, all orders and other papers required to be served on a
				  respondent may be served by mailing a copy of the paper to the respondent at
				  the last known address of the respondent or by any procedure described in s.
				  801.14(2),
				  Stats. Service by mail is complete upon mailing.
(2) Any paper required to be filed with the
				  department may be mailed to the administrative law judge designated to preside
				  in the matter and shall be deemed filed on receipt by the administrative law
				  judge. An answer under s.
				  SPS 3.08, and motions
				  under s.
				  SPS 3.14 may
				  be filed and served by facsimile transmission. A document filed by facsimile
				  transmission under this section shall also be mailed to the department. An
				  answer or motion filed by facsimile transmission shall be deemed filed on the
				  first business day after receipt by the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 3 - Administrative Injunctions › Section SPS 3.08 - Answer

Current through June 24, 2024
(1) An answer to a petition shall state in
				  short and plain terms the defenses to each allegation asserted and shall admit
				  or deny the allegations upon which the division relies. If the respondent is
				  without knowledge or information sufficient to form a belief as to the truth of
				  the allegation, the respondent shall so state and this has the effect of a
				  denial. Denials shall fairly meet the substance of the allegations denied. The
				  respondent shall make denials as specific denials of designated allegations or
				  paragraphs but if the respondent intends in good faith to deny only a part or
				  to provide a qualification of an allegation, the respondent shall specify so
				  much of it as true and material and shall deny only the remainder.
(2) The respondent shall set forth
				  affirmatively in the answer any matter constituting an affirmative
				  defense.
(3) Allegations in a
				  petition are admitted when not denied in the answer.
(4) An answer to a petition shall be filed
				  within 20 days from the date of service of the petition.