reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 1 - Veterinarians › Subchapter VI - Standards of Practice and Unprofessional Conduct › Section VE 1.58 - Unprofessional conduct

Current through June 24, 2024
Unprofessional conduct by a veterinarian is prohibited.
				  Unprofessional conduct includes:
(1)
				Unprofessional conduct under s.
				89.07(1),
				Stats.
(2) Conduct in the practice
				of veterinary medicine which evidences a lack of knowledge or ability to apply
				professional principles or skills.
(3) Fraud in the practice of veterinary
				medicine, including any of the following:
(a)
				The making of false claims regarding knowledge, ability, skills or facilities
				for use in treatment or diagnosis of a disease.
(b) The making of false claims regarding
				testing, inspecting, reporting or issuing of inter-state, intra-state or export
				health certificates.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 1 - Veterinarians › Subchapter VI - Standards of Practice and Unprofessional Conduct › Section VE 1.60 - Board action

Current through June 24, 2024
The board may reprimand the licensee or deny, suspend, limit
				  or revoke a veterinary license or permit under this chapter for cause,
				  including any of the following:
(1)
				Filing an incomplete or fraudulent application, or misrepresenting any
				information on an application.
(2)
				Violating this chapter or ch. 89, Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter I - Authority and Definitions › Section VE 2.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted by the veterinary
				  examining board pursuant to the authority delegated by ss.
				  15.08(5),
				  89.03(1) and
				  (2), and
				  227.11(2),
				  Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter I - Authority and Definitions › Section VE 2.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Accredited college or university" means an educational institution that is
				accredited by a regional or national accrediting agency recognized by the U.S.
				Department of Education.
(2) "AVMA"
				means the American veterinary medical association.
(3) "Board" means the veterinary examining
				board.
Note:
The board office is located at 2811
				  Agriculture Drive, P.O. Box 8911, Madison, Wisconsin
				  53708-8911.
(4)
				"Certificate" means a document issued to a person by the board, after the
				person has met the requirements of s.
				89.06(3),
				Stats., signifying that the person has met the statutory requirements to
				practice veterinary technology in Wisconsin.
(5) "Client" has the meaning set forth at s.
				89.02(3),
				Stats.
(6) "Department" has the
				meaning set forth at s.
				89.02(3d),
				Stats.
(7) "Patient" has the
				meaning set forth at s.
				89.02(4s),
				Stats.
(8) "VTNE" means the
				veterinary technician national exam.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.04 - Certification

Current through June 24, 2024
(1) The board may issue a certificate to
				practice as a veterinary technician to an applicant who does all of the
				following:
(a) Submits an application form
				provided by the board which includes the applicant's notarized signature.
Note:
Applications are available upon request to
				  the board office located at 2811 Agriculture Drive, P.O. Box 8911, Madison, WI
				  53708-8911 or at the website at
www.datcp.wi.gov
.
(b) Meets the age and training requirements
				of s.
				89.06(3),
				Stats.
(c) Pays one of the
				following nonrefundable fees as applicable:
1. $115 for an applicant who has never been
				credentialed in Wisconsin or another jurisdiction.
2. $185 for an applicant who has previously
				been credentialed in Wisconsin or another jurisdiction.
(d) Has successfully completed both the VTNE
				and an examination on state laws and rules related to the practice of
				veterinary technology, the results of which shall be submitted directly to the
				board by the department's office of examinations or the interstate reporting
				services.
(e) Provides verification
				of licensure records and status which has been provided directly to the board
				by the jurisdictions or the American Association of Veterinary State Boards for
				every state or country in which the applicant has ever held a license or
				certificate to practice veterinary technology.
Note:
The board accepts the classification of
				  "veterinary nurse" in other jurisdictions as equivalent to "veterinary
				  technician."
(f) Does not
				have a conviction record or pending criminal charge relating to an offense the
				circumstances of which substantially relate to the practice of veterinary
				technology. An applicant who has a conviction record or pending criminal charge
				shall request appropriate authorities to provide information about the record
				or charge directly to the board in sufficient specificity to enable the board
				to make a determination.
(g)
				Provides all supporting documents in English.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.06 - Reciprocal credentials for service members, former services members, their spouses

Current through June 24, 2024
(1) The board shall grant a certification to
				an individual who the board determines meets all of the requirements under s.
				89.073,
				Stats.
(2) A person applying for a
				reciprocal credential under s.
				89.073,
				Stats., shall pay one of the following nonrefundable fees as applicable:
(a) $40 for a service member or former
				service member.
(b) $141 for a
				spouse as defined by s.
				89.073(1)
				(c), Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.08 - Passing scores

Current through June 24, 2024
(1) The passing score for veterinary
				technician applicants on the written national examination shall be based on the
				board's determination of the level of examination performance required for
				minimum acceptable competence in the profession. The board shall make the
				determination after consultation with subject matter experts who have reviewed
				a representative sample of the examination questions and available candidate
				performance statistics, and shall set the passing score for the examination at
				that point that represents minimum acceptable competence in the profession. The
				board may accept the recommendation of the national examination
				provider.
(2) The passing score for
				an examination on state laws and rules related to the practice of veterinary
				technology shall be based on the board's determination of the level of
				examination performance required for minimum acceptable competence in the
				profession. The board shall make the determination after consultation with
				subject matter experts who have reviewed a representative sample of the
				examination questions and available candidate performance statistics, and shall
				set the passing score for the examination at that point that represents minimum
				acceptable competence in the profession.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.10 - Administrative fees

Current through June 24, 2024
(1) A person requesting a printed certificate
				shall pay a nonrefundable fee of $10.
(2) A person requesting verification of
				certification to another state or organization shall pay a nonrefundable fee of
				$10.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.12 - Renewal of certification

Current through June 24, 2024
A certificate expires if not renewed by January 1 of
				  even-numbered years. A certificate holder who allows the certificate to expire
				  may apply to the board for renewal of the certificate as follows:
(1) If the certificate holder applies for
				renewal of the certificate less than 5 years after its expiration, the
				certificate shall be renewed upon payment of the renewal fee and late fee and
				fulfillment of 15 hours of continuing education required under s. VE 2.14
				completed before the certificate renewal.
(2) If the certificate holder applies for
				renewal of the certificate 5 or more years after its expiration, in addition to
				requiring the certificate holder to pay the renewal fee and late fee, and to
				fulfill the continuing education hours required under s. VE 2.14 completed
				before the certificate renewal, the board shall inquire as to whether the
				applicant is competent to practice as a veterinary technician in this state and
				shall impose any reasonable conditions on renewal of the certificate including
				reexamination, as the board deems appropriate. An applicant under this
				subsection is presumed to be competent to practice as a veterinary technician
				in this state if at the time of application for renewal the applicant holds a
				full unexpired certificate issued by a similar licensing board of another state
				or territory of the United States or of a foreign country or province whose
				standards, in the opinion of the board, are equivalent to or higher than the
				requirements for certification in this state. Notwithstanding any presumptions
				of competency under this subsection, the board shall require each applicant
				under this subsection to pass the examination specified under s. VE 2.04
				(2).
(3) The certificate holder
				shall pay a nonrefundable renewal fee of $160.
(4) A certificate holder who submits a
				certificate renewal after January 1 of even numbered years shall pay, in
				addition to the renewal fee under sub. (3), a nonrefundable late fee of
				$25.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.14 - Continuing education; requirements

Current through June 24, 2024
(1)
(a) Except as provided in subs. (2) and (3),
				a veterinary technician shall complete at least 15 hours of continuing
				education pertinent to veterinary medicine or veterinary technology in each
				biennial renewal period. The 15 hours of continuing education shall include at
				least 10 hours of continuing education that relates to scientific topics
				pertinent to veterinary medicine.
(b) All 15 continuing education hours
				required in this subsection shall be documented. A minimum of 12 hours of
				continuing education shall be documented by an approved continuing education
				provider.
(c) A continuing
				education hour shall consist of 50 minutes of contact time.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter II - Certification › Section VE 2.16 - Continuing education; programs and courses

Current through June 24, 2024
(1) CRITERIA FOR
				PROGRAMS AND COURSE APPROVAL. To be approved, a continuing education program or
				course shall meet the following criteria:
(a)
				The subject matter of the program or course shall be pertinent to veterinary
				technology.
(b) The program or
				course sponsor agrees to record registration and furnish a certificate of
				attendance to each participant.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter III - Standards of Practice and Unprofessional Conduct › Section VE 2.18 - Prohibited acts

Current through June 24, 2024
The following acts are limited to veterinarians and
				  therefore prohibited for veterinary technicians:
(1) Diagnosis and prognosis of animal
				diseases and conditions.
(2)
				Prescribing of drugs, medicines, treatments and appliances.
(3) Performing surgery as defined by VE 1.44
				(2) (c).
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter III - Standards of Practice and Unprofessional Conduct › Section VE 2.24 - Standards of practice

Current through June 24, 2024
(1) Veterinary technicians may perform
				delegated veterinary acts as set forth under s. VE 1.44 (4), (5), (6), and
				(9).
(2) In the performance of
				delegated veterinary acts a veterinary technician shall:
(a) Accept only those delegated veterinary
				acts for which there are mutually approved protocols, written standing orders
				or verbal directions.
(b) Accept
				only those delegated veterinary acts for which the veterinary technician is
				competent to perform based on education, training or experience.
(c) Consult with a veterinarian in cases
				where the veterinary technician knows or should know a delegated veterinary act
				may harm a patient.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter III - Standards of Practice and Unprofessional Conduct › Section VE 2.26 - Unprofessional conduct

Current through June 24, 2024
The following acts constitute unprofessional conduct by a
				  veterinary technician and are prohibited:
(1) Unprofessional conduct under s.
				89.07(1),
				Stats.
(2) Performing as a
				veterinary technician unless supervised as specified under s. VE 1.44 (4), (5),
				(6), and (9).
(3) Misrepresentation
				in obtaining a veterinary technician certificate or in performing as a
				veterinary technician.
(4) Conduct
				in the practice of veterinary technology which evidences a lack of knowledge or
				ability to apply professional principles or skills.
(5) Gross, serious, or grave negligence, as
				compared to less serious or more ordinary acts of negligence, while performing
				as a veterinary technician.
(6) The
				personal use, misuse or sale other than for medical treatment of patients, of
				drugs listed in the U.S. controlled substances act of 1970, as amended, or ch.
				961, Stats., other than drugs prescribed by a physician for use by the
				veterinary technician.
(7)
				Practicing or attempting to practice while the veterinary technician has a
				physical or mental impairment, including impairment related to drugs or
				alcohol, which is reasonably related to the applicant's ability to adequately
				undertake the practice of veterinary technology in a manner consistent with the
				safety of a patient or the public.
(8) Being convicted of a crime the
				circumstances of which substantially relate to the practice of veterinary
				technology.
(9) Violating or aiding
				and abetting the violation of any law or administrative rule substantially
				related to the practice of veterinary technology.
(10) Having a veterinary technician
				certificate limited, suspended or revoked or subject to any other disciplinary
				action in another state or U.S. jurisdiction.
(11) Accepting fees for animal health care
				services from a client.
(12)
				Practicing under an expired certificate.
(13) Falsely certifying to the board under s.
				VE 2.14 (5) that the veterinary technician:
(a) Has completed the 15 hours of continuing
				education required under s. VE 2.14 (1).
(b) Is exempt under s. VE 2.14 (2) from
				having to complete the 15 hours of continuing education required under s. VE
				2.14 (1).
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 2 - Veterinary Technicians › Subchapter III - Standards of Practice and Unprofessional Conduct › Section VE 2.28 - Board action

Current through June 24, 2024
The board may reprimand the certificate holder or deny,
				  suspend, limit or revoke a certification under this chapter for cause,
				  including any of the following:
(1)
				Filing an incomplete or fraudulent application, or misrepresenting any
				information on an application.
(2)
				Violating this chapter or ch. 89, Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter I - Authority and Definitions › Section VE 3.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted by the veterinary
				  examining board pursuant to the authority in ss.
				  89.03(1),
				  227.11(2)
				  (a) and
				  227.51(3),
				  Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter I - Authority and Definitions › Section VE 3.02 - 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 ch. 89, Stats.
(2)
				"Administrative law judge" means the administrative law judge assigned by the
				division to hear a disciplinary proceeding or summary suspension or limitation
				appeal, on behalf of the board, or an administrative injunction proceeding on
				behalf of the department.
(3)
				"Board" means the veterinary examining board.
(4) "Case advisor" means a member of the
				board assigned to assist disciplinary counsel in an investigation of an
				informal complaint about a credential holder.
(5) "Complainant" means the person who signs
				a complaint.
(6) "Complaint" means
				the formal charging of violations against a credential holder in a disciplinary
				proceeding.
(7) "Court-ordered
				injunction" means a judgment and order by a court of competent jurisdiction
				enjoining a person from the continuation of a practice or use of a title
				without a credential required under ch. 89, Stats.
(8) "Credential" means a license,
				certification, or permit that is issued under ch. 89, Stats.
(9) "Credential holder" means an individual
				holding any license, permit, or certificate granted by the board, or having any
				right to renew a license, permit, or certificate granted by the
				board.
(10) "Department" has the
				meaning set forth at s.
				89.02(3d),
				Stats.
(11) "Department counsel"
				means the department attorney assigned an informal complaint against any person
				who may be continuing a practice or use of a title without a credential
				required under ch. 89, Stats.
(12)
				"DHA" means the division of hearings and appeals in the department of
				administration.
(13) "Division"
				means the division of animal health in the department.
(14) "Disciplinary counsel" means the
				department attorney assigned an informal complaint against a credential
				holder.
(15) "Disciplinary
				proceeding" means an administrative proceeding against a credential holder for
				any alleged violations of law constituting misconduct.
(16) "Informal complaint" means any written
				information submitted to the board or department by any person, which alleges
				facts that, if true, warrant action including an administrative warning,
				discipline, or an injunction.
(17)
				"Minor violation" means all of the following:
(a) No significant harm was caused by
				misconduct of the credential holder.
(b) Continued practice by the credential
				holder presents no immediate danger to the public.
(c) If prosecuted, the likely result of
				prosecution would be a reprimand or a limitation requiring the credential
				holder to obtain additional education.
(d) The complaint does not warrant use of
				prosecutorial resources.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.04 - Scope; kinds of proceedings

Current through June 24, 2024
This subchapter governs procedures for investigating and
				  disposing of informal complaints against credential holders and
				  non-credentialed entities before the board and persons before the
				  department.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.08 - Screening

Current through June 24, 2024
Screening for complaints against credential holders shall be
				  done by the board's screening committee, in consultation with the disciplinary
				  counsel. Considerations in screening include:
(1) Whether the person complained against is
				credentialed.
(2) Whether the
				matter alleged is a violation of any statute, rule, regulation, or standard of
				practice.
(3) Whether the matter
				alleged, if taken as a whole, is any of the following:
(a) Not a violation, so that the matter may
				be closed.
(b) A minor violation,
				so that the matter may be disposed of with an administrative warning.
(c) Requires further investigation by
				disciplinary counsel, with assistance by a case advisor and department staff as
				assigned.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.10 - Non-credentialed persons

Current through June 24, 2024
Department staff shall investigate complaints, and may
				  consult with the board, concerning any complaint against a person who may be
				  engaged in the practice of veterinary medicine or veterinary technology without
				  holding a credential.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.12 - Negotiated settlement

Current through June 24, 2024
(1) WHEN INITIATED. At the discretion of the
				disciplinary counsel, in consultation with the case advisor in assigned
				matters, or department counsel, negotiations for settlement may be held prior
				to the commencement of a disciplinary proceeding. Where the informal complaint
				investigation reveals undisputed or clearly ascertainable facts, from documents
				received, resolution through negotiations is encouraged.
(2) LIMITATION. Negotiations for settlement
				shall not be held without the consent of the credential holder. No agreement
				reached between the parties through negotiations, which imposes discipline upon
				a credential holder, shall be effective or binding until the parties stipulate
				to the agreement in writing, signed by the credential holder and any
				representative and disciplinary counsel, for approval by the board in a signed
				final order.
(3) ORAL STATEMENTS IN
				NEGOTIATIONS. Oral statements made during negotiations shall not be introduced
				into or made part of the record in a disciplinary proceeding.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.14 - Issuing an administrative warning

Current through June 24, 2024
In lieu of commencing disciplinary proceedings under subch.
				  III or injunction proceedings under subch. IV, the board or department may
				  issue an administrative warning, after making all of the following
				  findings:
(1) That there is specific
				evidence of misconduct by the credential holder.
(2) That the misconduct is a minor violation
				of a statute or rule related to the profession or other conduct for which
				discipline or an administrative injunction may be imposed.
(3) That issuance of an administrative
				warning will adequately protect the public.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.16 - Contents of an administrative warning

Current through June 24, 2024
(1) An
				administrative warning shall be issued in writing, shall state the findings
				required by s. VE 3.12, and include a notice of the right to request a review
				under s. VE 3.18.
(2) An
				administrative warning may be issued to a credential holder by mailing the
				administrative warning to the last address provided to the department. Service
				by mail is complete on the date of mailing. The warning may also be issued by
				email, if the credential holder has given permission to send all notices to a
				specified email address. Service by email is complete upon sending.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.18 - Review of an administrative warning

Current through June 24, 2024
A credential holder who has been issued an administrative
				  warning may make a request in writing for the board to review its issuance
				  within 20 days after the date of mailing or emailing. The request shall be in
				  writing and set forth:
(1) The
				credential holder's name and address.
(2) The reason for requesting a
				review.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter II - Procedures for Informal Complaints › Section VE 3.20 - Administrative warning review procedures

Current through June 24, 2024
The procedures for an administrative warning review
				  are:
(1) Within 45 calendar days of
				receipt of a request for review, the board shall notify the credential holder
				of the time and place of the review.
(2) No discovery is permitted. A credential
				holder may inspect records under s.
				19.35,
				Stats., the public records law.
(3)
				The board shall preside over the appeal and the review shall be electronically
				recorded.
(4) The board shall
				provide the credential holder with an opportunity to make a personal appearance
				before it and present a statement. The board may request the disciplinary
				counsel to appear and present a statement on issues raised by the credential
				holder. The board may establish a time limit for making a presentation. Unless
				otherwise determined by the disciplinary authority, the time for making a
				personal appearance shall be 20 minutes.
(5) If the credential holder fails to appear
				for a review, or withdraws the request for a review, the disciplinary authority
				may note the failure to appear in the minutes and leave the administrative
				warning in effect without further action.
(6) The board may adjourn into closed session
				to deliberate on the request for review. Any action taken by the board
				following deliberation shall be made in open session. The board shall send the
				final decision of its review to the credential holder.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.28 - 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 WISCONSIN VETERINARY
				  EXAMINING BOARD" and shall be entitled: "IN THE MATTER OF DISCIPLINARY
				  PROCEEDINGS AGAINST _____________, RESPONDENT."
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.30 - Complaint

Current through June 24, 2024
The disciplinary counsel may make a complaint upon
				  information and belief and it shall contain:
(1) The name and address of the credential
				holder 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
				board 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."
(4) The
				signature of the complainant.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.32 - Service and filing of complaint

Current through June 24, 2024
(1) The complaint
				and other papers may be served on a respondent by mailing a copy of the paper
				to the respondent at the last known address of the respondent, by any procedure
				described in s.
				801.14(2),
				Stats., or by electronic transmission if agreed to by the respondent or
				respondent's authorized representative. Service by mail is complete upon
				mailing.
(2) Any paper required to
				be filed with the board may be mailed to the board's office and, 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 or by inter-departmental mail shall be
				considered filed on the date they are received at the board's office or by the
				administrative law judge. Papers required to be filed may instead be filed and
				served by electronic mail or facsimile transmission. For materials transmitted
				by electronic mail, the filing date shall be the date that the electronic mail
				was sent. For materials transmitted by facsimile, the date received shall
				determine the date of filing.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.34 - 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 30 days from the date of service of the complaint.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.36 - Administrative law judge

Current through June 24, 2024
(1) DESIGNATION. The board may request DHA
				assign an administrative law judge to preside over any disciplinary
				proceeding.
(2) AUTHORITY AND
				DUTIES. An administrative law judge may, on behalf of the board, do all of the
				following:
(a) Gain permission from parties
				for service of all documents to be via electronic transmission, or other means
				if necessary.
(b) Require parties
				to clarify positions or issues.
(c)
				Hold prehearing conferences and issue memoranda for the record, summarizing all
				actions taken and agreements reached.
(d) Make procedural rulings and issue
				scheduling orders, including for motions, date, time and location of hearing,
				discovery, identification of witnesses and evidence for hearing, stipulations
				by the parties for hearing and other matters aiding in the orderly disposition
				of the proceedings.
(e) Hold motion
				hearings and make rulings on said motions.
(f) Adjourn or postpone
				proceedings.
(g) Grant continuances
				or extensions of time.
(h) Issue
				subpoenas to compel witness attendance and document production.
(i) Regulate discovery proceedings, and issue
				orders to compel or limit discovery.
(j) Select the location of the
				hearing.
(k) Preside over hearings
				and regulate the course of hearings.
(l) Administer oaths and
				affirmations.
(m) Make evidentiary
				rulings and receive relevant evidence.
(n) Impose sanctions on disobedient
				parties.
(o) Require or permit the
				parties to file written briefs and arguments.
(p) Supervise the required creation of a
				stenographic or electronic record of the portion of the proceedings conducted
				under the auspices of the administrative law judge.
(q) If required, order and supervise the
				preparation of a written transcript of proceedings conducted before the
				administrative law judge.
(r) Issue
				proposed decisions.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.38 - Settlements

Current through June 24, 2024
At any point in a proceeding, the parties may agree to
				  settle the case. Parties wishing to settle a case shall file both a written
				  stipulation, signed by the respondent and any representative and disciplinary
				  counsel, setting forth the agreed terms of settlement, and a proposed final
				  order disposing of the case, for approval by the board. No stipulation
				  disposing of a complaint shall be effective or binding in any respect until
				  approved by the board in a signed final order.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.40 - Conduct of hearing

Current through June 24, 2024
(1) RECORD. An electronic or stenographic
				recording shall be made of all hearings in which the testimony of a witness is
				offered as evidence.
(2) EVIDENCE.
				The respondent shall have the right to appear in person or by counsel, and both
				parties have the right to call, examine, and cross-examine witnesses and to
				introduce evidence into the record.
(2m) REMOTE HEARINGS. A hearing, or any
				portion of a hearing, may be held by telephone or video-conference if the
				administrative law judge determines that this method is justified for the
				convenience of any party or witness, and that no party is unfairly prejudiced
				by this method. The party calling a witness to testify by telephone or
				video-conference shall notify the administrative law judge before the hearing
				to allow for making the necessary arrangements and is responsible for providing
				the witness with a complete set of numbered copies of all exhibits.
(3) BRIEFS. The administrative law judge may
				require or permit the filing of briefs.
(4) MOTIONS. All motions, except those made
				at hearing, shall be in writing, filed by the date set by the administrative
				law judge, and a copy served upon the opposing party. If no date is set by the
				administrative law judge all motions shall be filed 10 business days before
				hearing.
(5) SUMMARY JUDGMENT. The
				parties may use the summary judgment procedure provided in s.
				802.08,
				Stats.
(6) ADJOURNMENTS. The
				administrative law judge 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) An administrative law judge may issue
				protective orders according to the provisions of s.
				805.07, Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.42 - Witness fees and costs

Current through June 24, 2024
Witnesses subpoenaed at the request of the disciplinary
				  counsel shall be entitled to compensation from the state for attendance and
				  travel as provided in ch. 885, Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.44 - Record of proceedings, transcripts

Current through June 24, 2024
(1) RECORD OF ORAL
				PROCEEDINGS. Oral proceedings in a disciplinary proceeding shall be
				electronically recorded unless the administrative law judge determines that a
				stenographic record is required.
(2) ELECTRONIC RECORDING; COPIES. If an oral
				proceeding in a contested case is electronically recorded, a copy of the
				recording shall be furnished at cost to any party who requests a
				copy.
(3) STENOGRAPHIC RECORDING;
				COPIES.
(a) If a stenographic recording is
				made, the reporting service who records the proceeding may charge a fee for an
				original transcription and for copies. Fees are identified in the state
				operational purchasing bulletin for reporting services and fees allowed to be
				charged.
Note:
Purchasing bulletins may be obtained
				  through the State Bureau of Procurement, PO Box 7867, Madison WI 53707-7867,
				  call (800) 482-7813 or email doawispro@wisconsin.gov.
(b) A person who is without means and who
				requires a transcript for appeal or other reasonable purposes shall be
				furnished with a transcript without charge upon the filing of a petition of
				indigency signed under oath.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.46 - Proposed decision

Current through June 24, 2024
The administrative law judge shall prepare a proposed
				  decision for consideration by the board. The proposed decision shall include
				  proposed findings of fact, conclusions of law, and a final order, with a signed
				  opinion explaining the proposed decision.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.48 - Assessment of costs

Current through June 24, 2024
(1) The proposed decision 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 that costs be assessed, objections to the assessment of costs
				shall be filed at the same time as other objections to the proposed
				decision.
(3) When costs are
				imposed, the administrative law judge shall file a supporting affidavit with
				the proposed decision, listing costs incurred to be paid by the respondent.
				Within 20 days, the disciplinary counsel shall file a supporting affidavit
				showing costs incurred. The respondent shall file any objection to the
				affidavits within 15 days after service of the disciplinary counsel's
				affidavit.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.50 - Service of proposed decision

Current through June 24, 2024
The administrative law judge shall deliver the proposed
				  decision, with a copy of the record including the electronic recording of the
				  proceedings, to the board. The administrative law judge shall serve the
				  proposed decision on the parties, in the manner agreed to by the parties. Each
				  proposed decision shall contain a notice providing each party, adversely
				  affected by the proposed decision, with an opportunity to file objections and
				  written argument with the board. A party adversely affected by a proposed
				  decision shall have 20 days from the date of service of the proposed decision
				  to file objections and argument.
Objections may be electronically filed at
					 datcpveb@wisconsin.gov or mailed to the Wisconsin Veterinary Examining Board,
					 PO Box 8911, Madison, WI
					 53708-8911.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter III - Procedures for Disciplinary Proceedings › Section VE 3.52 - Final decision and order

Current through June 24, 2024
After the time expires for filing all objections to the
				  proposed decision and order, including assessment of costs, the board shall
				  meet to make a final decision and order in a disciplinary proceeding. The final
				  decision and order shall include a determination whether all or part of the
				  costs of the proceeding shall be assessed against the respondent. If the final
				  decision varies from the administrative law judge's proposed decision, the
				  final decision shall explain the reasons for all variations.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.56 - Petition for summary suspension or limitation

Current through June 24, 2024
(1) The disciplinary
				counsel shall petition the board for a summary suspension or limitation. The
				petition shall state the name and credential 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 summary suspension or limitation of the respondent's
				credential.
(2) The petitioner
				shall sign the petition upon oath and make the petition upon information and
				belief or by affidavit of another person with knowledge of the necessary facts
				to sustain the petition.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.58 - Notice of petition to respondent

Current through June 24, 2024
Prior to presenting the petition, the petitioner shall give
				  notice to the respondent and respondent's authorized representative of the time
				  and place when the petition will be presented to the board. 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 board, pursuant to s.
				  227.44(1),
				  Stats. Notice by mail is complete upon mailing. Notice may also be given by
				  electronic transmission if agreed to by the respondent or authorized
				  representative.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.60 - Issuance of summary suspension or limitation order

Current through June 24, 2024
(1) If the board
				finds that notice has been given under s. VE 3.58 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 credential, the board 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. VE 3.26.
(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. VE 3.62, or upon
				actual notice of the summary suspension or limitation order to the respondent
				or respondent's attorney, whichever is sooner. The order shall continue through
				the effective date of the final decision and order made in the disciplinary
				proceeding against the respondent, unless the credential is restored or the
				limitation is lifted under s. VE 3.64 or the disciplinary proceeding is
				otherwise terminated.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.62 - 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) The manner in
				which the respondent or the respondent's attorney was notified of the petition
				for summary suspension or limitation.
(2) 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.
(3) A finding that the public health, safety
				or welfare imperatively requires emergency suspension or limitation of the
				respondent's credential.
(4) 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
				board.
(5) A statement of the
				respondent's right to request a hearing at any time to show cause why the
				summary suspension or limitation order should not be continued, with the
				board's office mailing address or email address where a request for hearing may
				be filed.
(6) A statement that the
				hearing to show cause shall be scheduled for hearing on a date within 20 days
				of receipt by the board of respondent's request for hearing, unless a later
				time is requested by or agreed to by the respondent.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.64 - Service of summary suspension or limitation order

Current through June 24, 2024
An order of summary suspension or limitation shall be served
				  upon the respondent by mail or by email if agreed to by respondent or
				  respondent's attorney.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.66 - Hearing to show cause

Current through June 24, 2024
(1) A hearing to show cause shall be
				scheduled for a date no later than 20 days after the filing of the request for
				hearing with the board, unless a later time is requested by or agreed to by the
				respondent.
(2) 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.
(3)
				At the hearing to show cause, the disciplinary counsel may call, examine and
				cross-examine witnesses, or present other evidence in order sustain its burden
				to show, by a preponderance of the evidence, why the summary suspension or
				limitation order should be continued. The respondent may testify, call, examine
				and cross-examine witnesses, and offer other evidence to rebut disciplinary
				counsel's showing.
(4) Immediately
				upon conclusion of the hearing to show cause the board 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 credential shall be
				immediately restored, and any limitation shall be lifted.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.68 - Delegation

Current through June 24, 2024
(1) The board may delegate authority to
				preside over and rule in a hearing to show cause to an administrative law judge
				employed by the division.
(2) A
				delegation of authority under sub. (1) may be continuing.