Alert! This chapter may be affected by an emergency rule:
PI 34.092(2) (2) Eligibility. The state superintendent may issue a school occupational therapist assistant license under this section to an applicant who is certified as an occupational therapist assistant by the occupational therapists affiliated credentialing board.
PI 34.092(3) (3) Renewal. A license under this subsection is renewable if the applicant remains certified as an occupational therapist assistant by the occupational therapists affiliated credentialing board.
PI 34.092(4) (4) Duration. A license issued under this section is valid for 5 years.
PI 34.092 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.093 PI 34.093 School physical therapist license.
PI 34.093(1) (1) Authorization. A license issued under this section authorizes the license hold to be employed by a school district as a school physical therapist.
PI 34.093(2) (2) Eligibility. The state superintendent may issue a school physical therapist license under this section to an applicant who is licensed as a physical therapist by the physical therapists affiliated credentialing board.
PI 34.093(3) (3) Renewal. A license under this subsection is renewable if the applicant remains licensed as a physical therapist by the physical therapists affiliated credentialing board.
PI 34.093(4) (4) Duration. A license issued under this section is valid for 5 years.
PI 34.093 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.094 PI 34.094 School physical therapist assistant license.
PI 34.094(1) (1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a school physical therapist assistant.
PI 34.094(2) (2) Eligibility. The state superintendent may issue a school physical therapist assistant license under this section to an applicant who has graduated from a physical therapist assistant associate degree program accredited by the Commission on Accreditation in Physical Therapy Education.
PI 34.094(3) (3) Renewal. A license under this subsection is renewable if the applicant remains licensed as a physical therapist assistant by the physical therapists affiliated credentialing board.
PI 34.094(4) (4) Duration. A license issued under this section is valid for 5 years.
PI 34.094 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.095 PI 34.095 Educational interpreter, 5-year substitute license.
PI 34.095(1)(1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a short-term substitute in an educational interpreter assignment.
PI 34.095(2) (2) Eligibility. The state superintendent may issue an educational interpreter, short-term substitute license under this section to an applicant who meets the requirements under s. PI 34.086 (3) (a) or holds certification from an organization approved by the state superintendent in consultation with the state superintendent's advisory council on deaf and hard of hearing programs.
PI 34.095(3) (3) Renewal. A license issued under this section may be renewed if the licensee meets the requirements under sub. (2).
PI 34.095(4) (4) Duration. A license issued under this section is valid for 5 years.
PI 34.095 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.096 PI 34.096 Junior Reserve Officer Training Corps instructor license.
PI 34.096(1) (1) Authorization. A license issued under this section authorizes the license holder to teach the courses specified under s. 118.1915 (2), Stats.
PI 34.096(2) (2) Eligibility. The state superintendent may issue a license under this section to an individual who meets the requirements under s. 118.1915 (1), Stats.
PI 34.096(3) (3) Duration. A license issued under this section is valid for 5 years.
PI 34.096(4) (4) Renewal. A license issued under this section may be renewed.
PI 34.096 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
subch. XI of ch. PI 34 Subchapter XI — Professional Misconduct
PI 34.097 PI 34.097 Definitions. In this subchapter:
PI 34.097(1) (1) “Applicant” means a person who applies for or seeks to renew a license from the state superintendent.
PI 34.097(2) (2) “Hearing examiner” means the person designated to preside over a contested case hearing, making findings of fact, conclusions of law, and issue a proposed decision and order to the state superintendent.
PI 34.097(3) (3) “Immoral conduct” has the meaning given in s. 115.31 (1) (c), Stats.
PI 34.097(4) (4) “Incompetence” or “incompetent” means a pattern of inadequate performance of duties or the lack of ability, legal qualifications or fitness to discharge required duties, and which endangers the health, welfare, safety or education of any pupil.
PI 34.097(5) (5) “License holder” or “licensee” means a person holding a license or having the right to renew a license.
PI 34.097(6) (6) “Reinstatement” means restoring all of the rights and privileges associated with a license.
PI 34.097(7) (7) “Restrict” means to impose conditions and requirements upon the license holder, and to limit the scope of the licensee's practice.
PI 34.097(8) (8) “Revoke” means to terminate all of the rights and privileges associated with a license.
PI 34.097(9) (9) “State superintendent” means that state superintendent of public instruction or a designee.
PI 34.097(10) (10) “Suspend” means to completely and absolutely withdraw and withhold for a period of time all rights, privileges, and authority previously conferred by a license.
PI 34.097 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.098 PI 34.098 Standards for revocation.
PI 34.098(1) (1) The state superintendent may revoke a license if any of the following apply:
PI 34.098(1)(a) (a) The state superintendent establishes by a preponderance of the evidence that the licensee engaged in immoral conduct or was incompetent.
PI 34.098(1)(b) (b) The licensee had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.
PI 34.098(2) (2) The state superintendent may revoke a driving education license if the state superintendent establishes by a preponderance of the evidence that any of the following occur:
PI 34.098(2)(a) (a) The licensee has more than 6 demerit points or a major violation charged by the department of transportation or the equivalent charged by an authority in another jurisdiction within a 12-month period.
PI 34.098(2)(b) (b) The licensee is convicted of operating a motor vehicle while intoxicated or a similar crime in this state or another jurisdiction.
PI 34.098(2)(c) (c) The licensee's driving license is suspended or revoked by the department of transportation or by another jurisdiction.
PI 34.098(3) (3) The state superintendent shall revoke a license as provided under s. 115.31 (2g) and (6m).
PI 34.098(4) (4) The state superintendent shall suspend or restrict a license as provided under s. 115.315, Stats.
PI 34.098 History History: CR 17-093: cr. Register May 2018 No. 751 eff. 6-1-18; correction in (3) made under s. 35.17, Stats., Register May 2018 No. 751.
PI 34.099 PI 34.099 Complaints.
PI 34.099(1)(1) Inquiries. The state superintendent shall, at his or her initiative or upon receipt of a written complaint, make inquiries necessary to determine whether to conduct an investigation under s. PI 34.100 which may lead to license revocation.
PI 34.099(2) (2) Notification. The state superintendent shall acknowledge, in writing, any written complaint and notify the complainant whether an investigation is being conducted under s. PI 34.100 which may lead to license revocation.
PI 34.099 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.100 PI 34.100 Investigations.
PI 34.100(1)(1) Conduct of investigations. If the state superintendent determines that an investigation should be conducted, the state superintendent shall do all of the following:
PI 34.100(1)(a) (a) Appoint a person to serve as the investigator.
PI 34.100(1)(b) (b) Notify the licensee that an investigation is proceeding, the specific allegations or complaint against the licensee, and that the licensee may respond to the investigator regarding the complaint or allegation.
PI 34.100(1)(c) (c) Except as provided under s. 115.31 (6) (b), Stats., maintain as confidential all files, communications, and other information pertaining to the investigation.
PI 34.100(2) (2) Settlements. All stipulations or settlement agreements disposing of any investigation may not be effective or binding in any respect until reduced to writing, signed by the licensee, and approved by the state superintendent.
PI 34.100 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.101 PI 34.101 No probable cause. If the state superintendent determines, based on the investigation under s. PI 34.100, that there is no probable cause to revoke a license, the state superintendent shall promptly notify the license holder and the complainant that the investigation is concluded and that there is no probable cause for revoking the license.
PI 34.101 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.102 PI 34.102 Probable cause.
PI 34.102(1)(1) Notice. If the state superintendent determines, based on an investigation under s. PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:
PI 34.102(1)(a) (a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following:
PI 34.102(1)(a)1. 1. The specific charges.
PI 34.102(1)(a)2. 2. The state superintendent's intent to revoke the license.
PI 34.102(1)(a)3. 3. The licensee's right to request a hearing within 30 days following service of the notice.
PI 34.102(1)(a)4. 4. Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.
PI 34.102(1)(b) (b) Notify the complainant and, if known, the school board or other public or private educational agency employing the licensee in a position requiring a license of the finding of probable cause and the specific charges.
PI 34.102(2) (2) Request for a hearing. If the state superintendent issues a notice under sub. (1), the licensee may serve a written request for a hearing to the state superintendent within 30 days following receipt of the notice. Receipt of the notice is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.
PI 34.102(3) (3) Answer. Within 10 days following the licensee's written request for a hearing under sub. (2), the licensee shall provide an answer to the notice issued under sub. (1). The answer shall contain all of the following:
PI 34.102(3)(a) (a) State in short and plain terms the defenses to each cause for revocation asserted.
PI 34.102(3)(b) (b) Set forth affirmatively any matter constituting an affirmative defense.
PI 34.102(3)(c) (c) Admit or deny each allegation upon which the notice relies as follows:
PI 34.102(3)(c)1. 1. If the licensee is without knowledge or information sufficient to form a belief as to the truth of an allegation, the licensee shall so state and this will have the effect of a denial.
PI 34.102(3)(c)2. 2. The licensee shall make denials as specific denials of designated allegations or paragraphs, but if the licensee intends in good faith to deny only part of an allegation, the licensee shall specify what part of it is true and material and shall deny only the remainder.
PI 34.102(3)(c)3. 3. Specific allegations in the notice are admitted when not specifically denied in the answer.
PI 34.102(4) (4) Service. The notice of probable cause and intent to revoke may be served by mailing a copy to the last known address of the licensee or by any other procedure under s. 801.14 (2), Stats. A request for hearing may be served by mailing a copy to the state superintendent at the address given on the notice of probable cause and intent to revoke or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.
PI 34.102 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.103 PI 34.103 Denials.
PI 34.103(1)(1) When issued.
PI 34.103(1)(a)(a) The state superintendent shall deny an application as provided under s. 118.19 (1m), (1r), and (4), Stats.
PI 34.103(1)(b) (b) The state superintendent shall deny an application if the applicant has not met the requirements for a license under this chapter or ch. 118, Stats.
PI 34.103(1)(c) (c) The state superintendent may deny an application if any of the following occur:
PI 34.103(1)(c)1. 1. The applicant engaged in immoral conduct or was incompetent.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.