reglab/statecodes huggingface dataset:
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 3.09 - Administrative law judge

Current through June 24, 2024
(1) DESIGNATION. Administrative injunction
				  proceedings shall be presided over by an administrative law judge. The
				  administrative law judge shall be an attorney in the department designated by
				  the department general counsel, an employee borrowed from another agency
				  pursuant to s.
				  20.901,
				  Stats., or a person employed as a special project or limited term employee by
				  the department. The administrative law judge may not be an employee in the
				  division.
(2) AUTHORITY. An
				  administrative law judge designated under this section has the authority
				  described in s.
				  227.46(1),
				  Stats. Unless otherwise directed under s.
				  227.46(3),
				  Stats., an administrative law judge shall prepare a proposed decision,
				  including findings of fact, conclusions of law, order and opinion, in a form
				  that may be adopted by the department as the final decision in the
				  case.
(3) SERVICE OF PROPOSED
				  DECISION. 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 department 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 3 - Administrative Injunctions › Section SPS 3.10 - Prehearing conference

Current through June 24, 2024
In any matter pending before the department, the division
					 and the respondent may be directed by the 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
					 pleading, 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 3 - Administrative Injunctions › Section SPS 3.11 - Settlements

Current through June 24, 2024
No stipulation or settlement agreement disposing of a
					 petition or informal petition shall be effective or binding in any respect
					 until reduced to writing, signed by the respondent and approved 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 3.12 - Discovery

Current through June 24, 2024
The division 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 administrative law judge.
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 3.13 - Default

Current through June 24, 2024
If the respondent fails to answer as required by s.
					 SPS 3.08 or fails to
					 appear at the hearing at the time fixed therefor, the respondent is in default
					 and the department may make findings and enter an order on the basis of the
					 petition and other evidence. The department may, for good cause, relieve the
					 respondent from the effect of the findings and permit the respondent to answer
					 and defend at any time before the department 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 3 - Administrative Injunctions › Section SPS 3.14 - Conduct of hearing

Current through June 24, 2024
(1) ADMINISTRATIVE LAW JUDGE. The hearing
				  shall be presided over by an administrative law judge designated pursuant to s.
				  SPS
				  3.09.
(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 division 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 administrative law judge may
				  require the filing of briefs.
(5)
				  MOTIONS.
(a)
How made.
An
				  application to the administrative law judge for an order shall be by motion
				  which, unless made during a hearing or prehearing conference, shall be in
				  writing, state with particularity the grounds for the order, and set forth the
				  relief or order sought.
(b)
Filing.
A motion shall be filed with the administrative law
				  judge and a copy served upon the opposing party not later than 5 days before
				  the time specified for hearing the motion.
(c)
Supporting papers.
Any
				  briefs or other papers in support of a motion, including affidavits and
				  documentary evidence, shall be filed with the motion.
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 3.15 - Witness fees and costs

Current through June 24, 2024
Witnesses subpoenaed at the request of the division 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 3 - Administrative Injunctions › Section SPS 3.16 - 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.
Note:
The State Operational Purchasing
					 Bulletin may be obtained from the Department of Administration, State Bureau of
					 Procurement, 101 E. Wilson Street, 6th Floor, P.O. Box 7867, Madison, Wisconsin
					 53707-7867.
(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 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.01 - Authorization

Current through June 24, 2024
The following rules are adopted by the department of safety
					 and professional services pursuant to ss.
					 440.03(13)
					 (a) and (am),
					 440.05,
					 440.06,
					 and
					 440.07,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.02 - Definitions

Current through June 24, 2024
(1) "Applicant" means a person who applies
				  for a license, permit, certificate or registration granted by the department or
				  a board.
(1g) "Arrest record" means
				  information indicating that an individual has been apprehended, taken into
				  custody or detention, held for investigation, arrested, charged with, indicted
				  or tried for any felony, misdemeanor or other offense pursuant to any law
				  enforcement or military authority.
(2) "Authority" means the department or the
				  attached examining board or board having authority to grant the credential for
				  which an application has been filed.
(3) "Board" means the board of nursing and
				  any examining board attached to the department.
(3e) "Conviction record" means information
				  indicating that an individual has been convicted of any felony, misdemeanor or
				  other offense, has been adjudicated delinquent, has been less than honorably
				  discharged, or has been placed on probation, fined, imprisoned, placed on
				  extended supervision or paroled pursuant to any law enforcement or military
				  authority.
(3m) "Credential" means
				  a license, permit, or certificate of certification or registration that is
				  issued under chs. 440 to 480, Stats.
(3s) "Credentialing authority" means the
				  department or an attached examining board, affiliated credentialing board or
				  board having authority to issue or deny a credential.
(4) "Department" means the department of
				  safety and professional services.
(5) "Examination" means the written and
				  practical tests required of an applicant by the authority.
(5m) "Investigate" means to determine the
				  arrest and conviction record of an applicant or holder of a credential,
				  including but not limited to:
(a) Determining
				  whether an applicant or holder of a credential has been charged with or
				  convicted of a crime.
(b)
				  Determining the facts and circumstances surrounding an arrest, criminal charge,
				  or conviction.
(c) Determining the
				  outcome and status of an arrest, criminal charges or conviction record,
				  including completion of sentence imposed, probationary terms or
				  parole.
(d) Requiring disclosure of
				  arrest or conviction record by an applicant.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.03 - Time for review and determination of credential applications

Current through June 24, 2024
(1) TIME LIMITS. An
				  authority shall review and make a determination on an original application for
				  a credential within 60 business days after a completed application is received
				  by the authority unless a different period for review and determination is
				  specified by law.
(2) COMPLETED
				  APPLICATIONS. An application is completed when all materials necessary to make
				  a determination on the application and all materials requested by the authority
				  have been received by the authority.
(3) EFFECT OF DELAY. A delay by an authority
				  in making a determination on an application within the time period specified in
				  this section shall be reported to the permit information center under s.
				  227.116,
				  Stats. Delay by an authority in making a determination on an application within
				  the time period specified in this section does not relieve any person from the
				  obligation to secure approval from the authority nor affect in any way the
				  authority's responsibility to interpret requirements for approval and to grant
				  or deny approval.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.04 - Fees for examinations, reexaminations and proctoring examinations

Current through June 24, 2024
(1) EXAMINATION FEE
				  SCHEDULE. A list of all current examination fees may be obtained at no charge
				  from the Office of Examinations, Department of Safety and Professional
				  Services, 1400 East Washington Avenue, P. O. Box 8366, Madison, WI
				  53708-8366.
(3) EXPLANATION OF
				  PROCEDURES FOR SETTING EXAMINATION FEES.
(a)
				  Fees for examinations shall be established under s.
				  440.05(1)
				  (b), Stats., at the department's best
				  estimate of the actual cost of preparing, administering and grading the
				  examination or obtaining and administering an approved examination from a
				  service provider.
(b) Examinations
				  shall be obtained from a service provider through competitive procurement
				  procedures described in ch. Adm 7.
(c) Fees for examination services provided by
				  the department shall be established based on an estimate of the actual cost of
				  the examination services. Computation of fees for examination services provided
				  by the department shall include standard component amounts for contract
				  administration services, test development services and written and practical
				  test administration services.
(d)
				  Examination fees shall be changed as needed to reflect changes in the actual
				  costs to the department. Changes to fees shall be implemented according to par.
				  (e).
(e) Examination fees shall be
				  effective for examinations held 45 days or more after the date of publication
				  of a notice in application forms. Applicants who have submitted fees in an
				  amount less than that in the most current application form shall pay the
				  correct amount prior to administration of the examination. Overpayments shall
				  be refunded by the department. Initial credential fees shall become effective
				  on the date specified by law.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.05 - Fee for test review

Current through June 24, 2024
(1) The fee for supervised review of
				  examination results by a failing applicant which is conducted by the department
				  is $28.
(2) The fee for review of
				  examination results by a service provider is the fee established by the service
				  provider.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.06 - Refunds

Current through June 24, 2024
(1) A refund of all but $10 of the
				  applicant's examination fee and initial credential fee submitted to the
				  department shall be granted if any of the following occurs:
(a) An applicant is found to be unqualified
				  for an examination administered by the authority.
(b) An applicant is found to be unqualified
				  for a credential for which no examination is required.
(c) An applicant withdraws an application by
				  written notice to the authority at least 10 days in advance of any scheduled
				  examination.
(d) An applicant who
				  fails to take an examination administered by the authority either provides
				  written notice at least 10 days in advance of the examination date that the
				  applicant is unable to take the examination, or if written notice was not
				  provided, submits a written explanation satisfactory to the authority that the
				  applicant's failure to take the examination resulted from extreme personal
				  hardship.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.07 - Investigation

Current through June 24, 2024
The department shall investigate whether an applicant for
					 any of the following credentials has been charged with or convicted of a
					 crime:
(1) Accountant, certified
				  public.
(2)
				  Acupuncturist.
(3) Advanced
				  practice nurse prescriber.
(4)
				  Aesthetician.
(5) Aesthetics
				  instructor.
(6) Appraiser, real
				  estate, certified general.
(7)
				  Appraiser, real estate, certified residential.
(8) Appraiser, real estate,
				  licensed.
(9) Architect.
(10) Athlete agent.
(11) Athletic trainer.
(12) Auctioneer.
(13) Audiologist.
(14) Barber or cosmetologist.
(15) Barbering or cosmetology
				  instructor.
(16) Barbering or
				  cosmetology manager.
(17)
				  Boxer.
(18) Cemetery preneed
				  seller.
(19) Cemetery
				  salesperson.
(20)
				  Chiropractor.
(21) Dental
				  hygienist.
(22) Dentist.
(23) Designer of engineering
				  systems.
(24) Dietitian.
(25) Drug distributor.
(26) Drug manufacturer.
(27) Electrologist.
(28) Electrology instructor.
(29) Engineer, professional.
(31) Funeral director.
(32) Hearing instrument specialist.
(33) Home inspector.
(34) Landscape architect.
(35) Land surveyor.
(36) Manicuring instructor.
(37) Manicurist.
(38) Marriage and family therapist.
(39) Massage therapist or
				  bodyworker.
(40) Music, art or
				  dance therapist.
(41) Nurse,
				  licensed practical.
(42) Nurse,
				  registered.
(43)
				  Nurse-midwife.
(44) Nursing home
				  administrator.
(45) Occupational
				  therapist.
(46) Occupational
				  therapy assistant.
(47)
				  Optometrist.
(48)
				  Perfusionist.
(49)
				  Pharmacist.
(50) Physical
				  therapist.
(51) Physical therapist
				  assistant.
(52)
				  Physician.
(53) Physician
				  assistant.
(54)
				  Podiatrist.
(55) Private
				  detective.
(56) Private practice
				  school psychologist.
(57) Private
				  security person.
(58) Professional
				  counselor.
(60) Professional
				  geologist.
(61) Professional
				  hydrologist.
(62) Professional soil
				  scientist.
(63)
				  Psychologist.
(64) Real estate
				  broker.
(65) Real estate
				  salesperson.
(66) Registered
				  interior designer.
(66m) Registered
				  sanitarian.
(67) Respiratory care
				  practitioner.
(68) Social
				  worker.
(69) Social worker,
				  advanced practice.
(70) Social
				  worker, independent.
(71) Social
				  worker, independent clinical.
(72)
				  Speech-language pathologist.
(73)
				  Time-share salesperson.
(74)
				  Veterinarian.
(75) Veterinary
				  technician.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.08 - Photographs and fingerprints

Current through June 24, 2024
The department may require an applicant for any of the
					 credentials set forth in s.
					 SPS 4.07 and not
					 listed in sub. (2) to be photographed and fingerprinted as a part of the
					 credentialing process, if there exits reason to believe that the applicant has
					 failed to accurately describe his or her conviction record. The department may
					 refer photographs and fingerprints so obtained to the department of justice for
					 internal analysis or submission to the federal bureau of investigation for the
					 purpose of verifying the identity of the applicant fingerprinted and obtaining
					 records of his or her criminal arrests and convictions.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.09 - Credential holder charges or convictions

Current through June 24, 2024
(1) Pursuant to the
				  procedures set forth in ch. SPS 2 for the screening of informal complaints, the
				  department may investigate whether a holder of any of the credentials set forth
				  in s.
				  SPS 4.07 has been
				  arrested, charged with or convicted of a crime for the purposes of determining
				  whether the circumstances of the arrest, charge or conviction substantially
				  relate to the circumstances of the credentialed activity.
(2) A holder of any of the credentials set
				  forth in s.
				  SPS 4.07 who is
				  convicted of a felony or misdemeanor in this state or elsewhere shall notify
				  the department in writing of the date, place and nature of the conviction or
				  finding within 48 hours after the entry of the judgment of conviction. Notice
				  shall be made by mail and shall be proven by showing proof of the date of
				  mailing the notice. Notice shall include a copy of the judgment of conviction
				  and a copy of the complaint or other information which describes the nature of
				  the crime and the judgment of conviction in order that the department may
				  determine whether the circumstances of the crime of which the credential holder
				  was convicted are substantially related to the practice of the credential
				  holder.
(3) As a part of an
				  investigation the department may require a holder of any of the credentials set
				  forth in s.
				  SPS 4.07 to be
				  photographed and fingerprinted, if the credential holder's arrest or conviction
				  record is relevant to the investigation and a search based solely upon the
				  credential holder's name is unlikely to provide complete and accurate
				  information. The department may refer photographs and fingerprints so obtained
				  to the department of justice for internal analysis or submission of the
				  fingerprint cards to the federal bureau of investigation for the purpose of
				  verifying the identity of the persons fingerprinted and obtaining records of
				  their criminal arrests and convictions.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.10 - Failure to renew within 5 years of the renewal date

Current through June 24, 2024
A credential holder with an expired credential may not
					 reapply for the credential using the initial application process. A credential
					 holder who has not renewed their credential within 5 years of the renewal date
					 shall renew an expired credential in accordance with the applicable
					 requirements established in rule by the credentialing authority. This section
					 does not apply to credential holders who have unmet disciplinary requirements
					 or whose credentials have been surrendered or revoked.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 4 - Department Application Procedures And Application Fee Policies › Section SPS 4.11 - Credential Reinstatement

Current through June 24, 2024
A credential may not be reinstated through the initial
					 application process. A credential holder who has unmet disciplinary
					 requirements and failed to renew the credential within 5 years after the
					 renewal date or whose credential has been surrendered or revoked, shall apply
					 to have the credential reinstated, with or without conditions, using the
					 reinstatement process established in rule 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 6 - Summary Suspensions And Limitations › Section SPS 6.01 - Authority and intent

Current through June 24, 2024
(1) This chapter is adopted pursuant to
				  authority in ss.
				  227.11(2)
				  (a) and
				  440.03(1),
				  Stats., and interprets s.
				  227.51(3),
				  Stats.
(2) The intent of the
				  department in creating this chapter is to specify uniform procedures for
				  summary suspension or limitation of licenses, permits, certificates or
				  registrations issued by the department or any board attached to the department
				  in circumstances where the public health, safety or welfare imperatively
				  requires emergency action.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.02 - Scope

Current through June 24, 2024
This chapter governs procedures in all summary suspension
					 or limitation proceedings against licensees before the department or any board
					 attached to the department. To the extent that this chapter is not in conflict
					 with s.
					 448.02(4),
					 Stats., the chapter shall also apply in proceedings brought under that
					 section.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Board" means the bingo control board,
				  real estate board or any examining board attached to the department.
(2) "Department" means the department of
				  safety and professional services.
(3) "Disciplinary proceeding" means a
				  proceeding against one or more licensees in which a licensing authority may
				  determine to revoke or suspend a license, to reprimand a licensee, or to limit
				  a license.
(4) "License" means any
				  license, permit, certificate, or registration granted by a board or the
				  department or a right to renew a license, permit, certificate or registration
				  granted by a board or the department.
(5) "Licensee" means a person, partnership,
				  corporation or association holding any license.
(6) "Licensing authority" means the bingo
				  control board, real estate board or any examining board attached to the
				  department, the department for licenses granted by the department, or one
				  acting under a board's or the department's delegation under s.
				  SPS 6.11.
(7) "Petitioner" means the division of legal
				  services and compliance in the department.
(8) "Respondent" means a licensee who is
				  named as respondent in a petition for summary suspension or
				  limitation.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.04 - Petition for summary suspension or limitation

Current through June 24, 2024
(1) A petition for a
				  summary suspension or limitation shall state the name and position of the
				  person representing the petitioner, the address of the petitioner, the name and
				  licensure status of the respondent, and an assertion of the facts establishing
				  that the respondent has engaged in or is likely to engage in conduct such that
				  the public health, safety or welfare imperatively requires emergency suspension
				  or limitation of the respondent's license.
(2) A petition for a summary suspension or
				  limitation order shall be signed upon oath by the person representing the
				  petitioner and may be made on information and belief.
(3) The petition shall be presented to the
				  appropriate licensing authority.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.05 - Notice of petition to respondent

Current through June 24, 2024
Prior to the presenting of the petition, the petitioner
					 shall give notice to the respondent or respondent's attorney of the time and
					 place when the petition will be presented to the licensing authority. Notice
					 may be given by mailing a copy of the petition and notice to the last-known
					 address of the respondent as indicated in the records of the licensing
					 authority as provided in s.
					 440.11(2),
					 Stats., as created by . Notice by mail is complete upon mailing. Notice may
					 also be given by any procedure described in s.
					 801.11,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.06 - Issuance of summary suspension or limitation order

Current through June 24, 2024
(1) If the licensing
				  authority finds that notice has been given under s.
				  SPS
				  6.05 and finds probable cause to believe that the
				  respondent has engaged in or is likely to engage in conduct such that the
				  public health, safety or welfare imperatively requires emergency suspension or
				  limitation of the respondent's license, the licensing authority may issue an
				  order for summary suspension or limitation. The order may be issued at any time
				  prior to or subsequent to the commencement of a disciplinary proceeding under
				  s.
				  SPS
				  2.04.
(2)
				  The petitioner may establish probable cause under sub. (1) by affidavit or
				  other evidence.
(3) The summary
				  suspension or limitation order shall be effective upon service under s.
				  SPS
				  6.08, or upon actual notice of the summary suspension
				  or limitation order to the respondent or respondent's attorney, whichever is
				  sooner, and continue through the effective date of the final decision and order
				  made in the disciplinary proceeding against the respondent, unless the license
				  is restored or the limitation is lifted under s.
				  SPS 6.09
				  prior to a formal disciplinary hearing, or the disciplinary proceeding is
				  otherwise terminated under s.
				  SPS
				  6.10(1) or (3)
				  (a).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.07 - Contents of summary suspension or limitation order

Current through June 24, 2024
The summary suspension or limitation order shall include
					 all of the following:
(1) A statement
				  that the suspension or limitation order is in effect and continues until the
				  effective date of a final order and decision in the disciplinary proceeding
				  against the respondent, unless otherwise ordered by the licensing
				  authority.
(2) Notification of the
				  respondent's right to request a hearing to show cause why the summary
				  suspension or limitation order should not be continued.
(3) The name and address of the licensing
				  authority with whom a request for hearing should be filed.
(4) Notification that the hearing to show
				  cause shall be scheduled for hearing on a date within 20 days of receipt by the
				  licensing authority of respondent's request for hearing, unless a later time is
				  requested by or agreed to by the respondent.
(5) The identification of all witnesses
				  providing evidence at the time the petition for summary suspension or
				  limitation was presented and identification of the evidence used as a basis for
				  the decision to issue the summary suspension or limitation order.
(6) The manner in which the respondent or the
				  respondent's attorney was notified of the petition for summary suspension or
				  limitation.
(7) A finding that the
				  public health, safety or welfare imperatively requires emergency suspension or
				  limitation of the respondent's license.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.09 - Hearing to show cause

Current through June 24, 2024
(1) The respondent shall have the right to
				  request a hearing to show cause why the summary suspension or limitation order
				  should not be continued until the effective date of the final decision and
				  order in the disciplinary action against the respondent.
(2) The request for hearing to show cause
				  shall be filed with the licensing authority which issued the summary suspension
				  or limitation order. The hearing shall be scheduled and heard promptly by the
				  licensing authority or its delegate, but no later than 20 days after the filing
				  of the request for hearing with the licensing authority, unless a later time is
				  requested by or agreed to by the respondent.
(3) At the hearing to show cause the
				  petitioner and the respondent may testify, call, examine and cross-examine
				  witnesses, and offer other evidence. 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. A respondent may inspect records
				  under s.
				  19.35,
				  Stats., the public records law.
(4)
				  At the hearing to show cause the petitioner has the burden to show by a
				  preponderance of the evidence why the summary suspension or limitation order
				  should be continued.
(5)
				  Immediately upon conclusion of the hearing to show cause the licensing
				  authority or its delegate shall make findings and an order on the record. If it
				  is determined that the summary suspension or limitation order should not be
				  continued, the suspended license shall be immediately restored, and any
				  limitation shall be lifted.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.10 - Commencement of disciplinary proceeding

Current through June 24, 2024
(1) A notice of
				  hearing commencing a disciplinary proceeding under s.
				  SPS 2.06 against the
				  respondent shall be issued no later than 10 days following the issuance of the
				  summary suspension or limitation order or the suspension or limitation shall
				  lapse on the tenth day following issuance of the summary suspension or
				  limitation order. The formal disciplinary proceeding shall be determined
				  promptly.
(2) If at any time the
				  disciplinary proceeding is not advancing with reasonable promptness, the
				  respondent may make a motion to the hearing officer or may directly petition
				  the appropriate board, or the department, for an order granting
				  relief.
(3) If it is found that the
				  disciplinary proceeding is not advancing with reasonable promptness, and the
				  delay is not as a result of the conduct of respondent or respondent's counsel,
				  a remedy, as would be just, shall be granted including:
(a) An order immediately terminating the
				  summary suspension or limitation.
(b) An order compelling that the disciplinary
				  proceeding be held and determined by a specific date.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 6 - Summary Suspensions And Limitations › Section SPS 6.11 - Delegation

Current through June 24, 2024
(1) A board may by two-thirds vote delegate
				  authority to rule on a petition for summary suspension or limitation, to issue
				  a summary suspension or limitation order, and to preside over and rule in a
				  hearing provided for in s.
				  SPS 6.09
				  through one of the following methods:
(a)
				  Designate under s.
				  227.46(1),
				  Stats., a member of the board or an employee of the department.
(b) Appoint a panel of no less than
				  two-thirds of the membership of the board.
(c) Designate under s.
				  227.46(1),
				  Stats., an administrative law judge employed by the department of
				  administration.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.01 - Authority and intent

Current through June 24, 2024
(1) The rules in this chapter are adopted
				  pursuant to authority in ss.
				  15.08(5)
				  (b),
				  51.30,
				  146.82,
				  227.11
				  and
				  440.03,
				  Stats.
(2) The intent of the
				  department in adopting rules in this chapter is to protect the public from
				  credential holders who are impaired by reason of their abuse of alcohol or
				  other drugs by promoting early identification of chemically dependent
				  professionals and encouraging rehabilitation. This goal will be advanced by
				  providing an option that may be used in conjunction with the formal
				  disciplinary process for qualified credential holders committed to their own
				  recovery. This procedure is intended to apply when allegations are made that a
				  credential holder has practiced a profession while impaired by alcohol or other
				  drugs or whose ability to practice is impaired by alcohol or other drugs or
				  when a credential holder contacts the department and requests to participate in
				  the procedure. It may be used in conjunction with the formal disciplinary
				  process in situations where allegations exist that a credential holder has
				  committed misconduct, negligence or violations of law, other than practice
				  while impaired by alcohol or other drugs. The procedure may then be utilized to
				  promote early identification of chemically dependent professionals and
				  encourage their rehabilitation. Finally, the department's procedure does not
				  seek to diminish the prosecution of serious violations but rather it attempts
				  to address the problem of alcohol and other drug abuse within the enforcement
				  jurisdiction of the department.
(3)
				  In administering this program, the department intends to encourage board
				  members to share professional expertise so that all boards in the department
				  have access to a range of professional expertise to handle problems involving
				  impaired professionals.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Board" means any board, examining board
				  or affiliated credentialing board attached to the department.
(2) "Board liaison" means the board member
				  designated by the board or the secretary or the secretary's designee as
				  responsible for approving credential holders for the professional assistance
				  procedure under s.
				  SPS
				  7.03, for monitoring compliance with the requirements
				  for participation under s.
				  SPS
				  7.04, and for performing other responsibilities
				  delegated to the board liaison under these rules.
(2a) "Coordinator" means a department
				  employee who coordinates the professional assistance procedure.
(2b) "Credential holder" means a person
				  holding any license, permit, certificate or registration granted by the
				  department or any board. For purposes of this chapter, "credential holder"
				  includes a person with a pending application for a credential for a period not
				  to exceed one year from the date the application for the credential was
				  submitted to the department.
(3)
				  "Department" means the department of safety and professional
				  services.
(4) "Division" means the
				  division of legal services and compliance in the department.
(5) "Informal complaint" means any written
				  information submitted by any person to the division, department or any board
				  which requests that a disciplinary proceeding be commenced against a credential
				  holder or which alleges facts, which if true, warrant discipline. "Informal
				  complaint" includes requests for disciplinary proceedings under s.
				  440.20,
				  Stats.
(6) "Medical review officer"
				  means a medical doctor or doctor of osteopathy who is a licensed physician and
				  who has knowledge of substance abuse disorders and has appropriate medical
				  training to interpret and evaluate an individual's confirmed positive test
				  result together with an individual's medical history and any other relevant
				  biomedical information.
(7)
				  "Procedure" means the professional assistance procedure.
(8) "Program" means any entity approved by
				  the department to provide the full scope of drug testing services for the
				  department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.04 - Requirements for participation

Current through June 24, 2024
(1) A credential
				  holder who participates in the procedure shall:
(a) Sign an agreement for participation under
				  s.
				  SPS
				  7.05.
(b)
				  Remain free of alcohol, controlled substances, and prescription drugs, unless
				  prescribed for a valid medical purpose.
(c) Timely enroll and participate in a
				  program for the treatment of chemical dependency conducted by a facility or
				  individual therapist approved pursuant to s.
				  SPS
				  7.06.
(d)
				  Comply with any treatment recommendations and work restrictions or conditions
				  deemed necessary by the board liaison or department.
(e) Submit random monitored physiological
				  specimens for the purpose of screening for alcohol or controlled substances
				  provided by a drug testing program approved by the department under s.
				  SPS
				  7.11, as required.
(f) Execute releases valid under state and
				  federal law to allow access to the credential holder's counseling, treatment
				  and monitoring records.
(g) Have
				  the credential holder's supervising therapist and work supervisors file
				  quarterly reports with the coordinator.
(h) Notify the coordinator of any changes in
				  the credential holder's employer within 5 days.
(i) File quarterly reports documenting the
				  credential holder's attendance at meetings of self-help groups such as
				  alcoholics anonymous or narcotics anonymous.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.05 - Agreement for participation

Current through June 24, 2024
(1) The agreement
				  for participation in the procedure shall at a minimum include:
(a) A statement describing conduct the
				  credential holder agrees occurred relating to participation in the procedure
				  and an agreement that the statement may be used as evidence in any disciplinary
				  proceeding under ch. SPS 2.
(b) An
				  acknowledgement by the credential holder of the need for treatment for chemical
				  dependency;
(c) An agreement to
				  participate at the credential holder's expense in an approved treatment
				  regimen.
(d) An agreement to submit
				  to random monitored drug screens provided by a drug testing program approved by
				  the department under s.
				  SPS
				  7.11 at the credential holder's expense, if deemed
				  necessary by the board liaison.
(e)
				  An agreement to submit to practice restrictions at any time during the
				  treatment regimen as deemed necessary by the board liaison.
(f) An agreement to furnish the coordinator
				  with signed consents for release of information from treatment providers and
				  employers authorizing the release of information to the coordinator and board
				  liaison for the purpose of monitoring the credential holder's participation in
				  the procedure.
(g) An agreement to
				  authorize the board liaison or coordinator to release information described in
				  pars. (a), (c) and (e), the fact that a credential holder has been dismissed
				  under s.
				  SPS 7.07(3)
				  (a) or violated terms of the agreement in s.
				  SPS 7.04(1) (b) to
				  (e) and (h) concerning the credential
				  holder's participation in the procedure to the employer, therapist or treatment
				  facility identified by the credential holder and an agreement to authorize the
				  coordinator to release the results of random monitored drug screens under par.
				  (d) to the therapist identified by the credential holder.
(h) An agreement to participate in the
				  procedure for a period of time as established by the board.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.06 - Standards for approval of treatment facilities or individual therapists

Current through June 24, 2024
(1) The
				  board or board liaison shall approve a treatment facility designated by a
				  credential holder for the purpose of participation in the procedure if:
(a) The facility is certified by appropriate
				  national or state certification agencies.
(b) The treatment program focus at the
				  facility is on the individual with drug and alcohol abuse problems.
(c) Facility treatment plans and protocols
				  are available to the board liaison and coordinator.
(d) The facility, through the credential
				  holder's supervising therapist, agrees to file reports as required, including
				  quarterly progress reports and immediate reports if a credential holder
				  withdraws from therapy, relapses, or is believed to be in an unsafe condition
				  to practice.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.07 - Intradepartmental referral

Current through June 24, 2024
(2) The division
				  may refer individuals named in informal complaints to the board liaison for
				  acceptance into the procedure.
(3)
				  The board liaison may refer cases involving the following to the division for
				  investigation or prosecution:
(a) Credential
				  holders participating in the procedure who fail to meet the requirements of
				  their rehabilitation program.
(b)
				  Credential holders who apply and who are determined to be ineligible for the
				  procedure where the board liaison is in possession of information indicating
				  misconduct, negligence or a violation of law.
(c) Credential holders who do not complete an
				  agreement for participation where the board liaison is in possession of
				  information indicating misconduct, negligence or a violation of law.
(d) Credential holders initially referred by
				  the division to the board liaison who fail to complete an agreement for
				  participation.
(e) Credential
				  holders who request early termination of an agreement for participation. In
				  making the decision if a referral should occur, the board liaison shall
				  consider whether the credential holder's therapist approves the early
				  termination and whether this opinion is supported by a second therapist
				  selected by the department who shall always be consulted and shall
				  concur.