SPS 305.08(1)(d) (d) Courses, programs and seminars to be considered for approval towards continuing education credit shall relate to the skills and knowledge of one or more license, certification or registration categories.
SPS 305.08(1)(e)1.1. The department may limit credit approval to specific license, certification, or registration categories when approving a course, program, or seminar for continuing education credit.
SPS 305.08(1)(e)2.a.a. Except as provided in subd. 2. c., the approval of a course, program or seminar for continuing education credit shall expire 5 years after the date of approval.
SPS 305.08(1)(e)2.b. b. Approval of courses, programs or seminars for continuing education credit may be renewed. Renewal shall be in accordance with par. (b).
SPS 305.08(1)(e)2.c. c. An approval of a course, program or seminar for continuing education credit under s. SPS 305.68 or subch. VIII shall expire either 3 years after the date of approval, or as otherwise specified in the approval.
SPS 305.08(1)(e)3. 3. The department may revoke the approval of a course, program or seminar for continuing education credit for any false statements, misrepresentation of facts or violation of the conditions on which the approval was based. The department may not revoke the approval of a course, program or seminar less than 30 calendar days prior to the course, program or seminar being held.
SPS 305.08(1)(f)1.1. The individual or organization which had obtained the course, program or seminar approval shall maintain an attendance record of those individuals who have attended and completed the course, program or seminar for at least 5 years from the date of the course, program or seminar.
SPS 305.08(1)(f)2. 2. The attendance record shall include all of the following:
SPS 305.08(1)(f)2.a. a. The course name.
SPS 305.08(1)(f)2.b. b. The course identification number assigned by the department.
SPS 305.08(1)(f)2.c. c. The date or dates the course was held or completed.
SPS 305.08(1)(f)2.d. d. The name of each attendee.
SPS 305.08(1)(f)2.e. e. The name of each license, certification or registration held by the attendee for which the course applies.
SPS 305.08(1)(f)2.f. f. The license, certification or registration number assigned by the department of each attendee.
SPS 305.08(1)(f)3. 3. A copy of the attendance record shall be forwarded by the person or organization which had obtained the course, program or seminar approval to the department within 14 calendar days after completion of the course or program.
SPS 305.08(1)(g) (g) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s. SPS 305.68 or subch. VIII shall notify the department of any material changes to the information submitted for that approval.
SPS 305.08(1)(h) (h) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s. SPS 305.68 or subch. VIII shall notify the department if the course, program, or seminar is discontinued before the end of its approval period.
SPS 305.08(2) (2)Evidence of compliance. Each license, certification or registration holder shall retain evidence of compliance with continuing education requirements throughout the license, certification or registration period for which continuing education credit was required for renewal of the license, certification or registration.
SPS 305.08(2)(a) (a) The department shall accept as evidence of compliance original or copies of documents, certified by the individual or organization providing the course, program or seminar, indicating attendance and completion of the continuing education credit.
SPS 305.08(2)(b) (b) The department may require a license, certification or registration holder to submit evidence of compliance for the continuing education credit which was required to renew the license, certification or registration.
SPS 305.08(3) (3)Continuing educational cycle.
SPS 305.08(3)(a) (a) Except as provided under s. SPS 305.07 (2) (b), for those license, certification or registration categories which require continuing educational credit for renewal, the license, certification or registration holder shall obtain the necessary amount of continuing educational credit prior to the expiration date of the license, certification, or registration as specified in Table 305.06.
SPS 305.08(3)(c) (c) The attendance of a continuing education course, program or seminar in order to fulfill late renewal obligations under s. SPS 305.07 (2) (b) may not be credited toward more than one renewal cycle for a specific license, certification or registration.
SPS 305.08 Note Note: The provisions under par. (c) do not limit an individual in attending or completing courses, programs or seminars multiple times on separate occasions for continuing education credit.
SPS 305.08 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (3) (a), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (d), (e) 1., (f) 2. e., f., (2) (intro.), (b) and (3), Register, April, 2000, No. 532, eff. 5-1-00; am. (3), Register, May, 2001, No. 545, eff. 6-1-01; CR 03-075: r. (1) (b) 2., renum. (1) (b) 3. and 4. to be (1) (b) 2. and 3., r. and recr. (1) (e) 2. b. Register June 2004 No. 582, eff. 8-1-04; CR 06-127: am. (1) (e) 2. a., cr. (1) (e) 2. c., (g) and (h), Register September 2007 No. 621, eff. 10-1-07; CR 09-046: am. (1) (f) 1. Register March 2010 No. 651, eff. 4-1-10; correction in (1) (e) 2. c., (g), (h), (3) (a), (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: am. (1) (e) 1., (3) (a), r. (3) (b) Register August 2014 No. 704, eff. 9-1-14.
SPS 305.09 SPS 305.09Examinations administered by the department.
SPS 305.09(1)(1)For those license, certification or registration categories which require examination, the department shall conduct at least 4 license, certification or registration examinations annually for each license, certification or registration category at times and locations specified by the department.
SPS 305.09(2) (2)An application and fee for a license, certification or registration that requires an examination shall be received by the department at least 30 calendar days prior to the day of the examination. The department may postpone the applicant's appearance to another examination date if any of the following occur:
SPS 305.09(2)(a) (a) The applicant fails to have the application on file with the department within the required time.
SPS 305.09(2)(b) (b) The application information or required qualifications are incomplete.
SPS 305.09(2)(c) (c) The examination center is filled to capacity.
SPS 305.09(3) (3)Upon verification of the application and the required qualifications, the department shall notify an applicant in writing of the date, time and place of the examination.
SPS 305.09(4)(a)(a) An applicant for license, certification or registration examination shall provide a photo identification or other appropriate evidence to gain admittance to an examination.
SPS 305.09(4)(b) (b) An applicant shall bring to a license, certification or registration examination all necessary materials as specified by the department.
SPS 305.09(4)(c)1.1. Except as provided in subd. 2., an applicant who fails to appear at a scheduled license, certification or registration examination without giving notice to the department at least 24 hours before the examination shall be considered to have failed the examination and shall be required to submit a re-examination application and examination fee.
SPS 305.09(4)(c)2. 2. The department may waive the 24-hour notification requirement of subd. 1. due to inclement weather, if the applicant notifies the department the day of the examination.
SPS 305.09(5) (5)The examination for a license, certification or registration shall be based on a job analysis of the knowledge, skills and abilities associated with the license, certification or registration. The examination shall include all of the following subject matter:
SPS 305.09(5)(a) (a) Regulations and standards governing the work or activities required or permitted under the license, certification or registration.
SPS 305.09(5)(b) (b) Theories, principles, and practices associated with the activities required or permitted under the license, certification or registration.
SPS 305.09(6)(a)(a) A grade of 70% or greater in each part of a license, certification or registration examination shall be considered a passing grade.
SPS 305.09(6)(b)1.1. Except as provided in subd. 2., an applicant failing a part of a multi-part license, certification or registration examination shall be required to retake only those parts failed.
SPS 305.09(6)(b)2. 2. An applicant who does not pass all required parts of a multi-part license, certification or registration examination within one year after the date of the initial examination shall apply, retake and pass all parts of the license, certification or registration examination.
SPS 305.09(7)(a)(a) The department shall inform an applicant of the results of an examination in writing within 21 calendar days from the examination date.
SPS 305.09(7)(b) (b) Upon notification of failing a license, certification or registration examination, an applicant may request another examination in accordance with s. SPS 305.01.
SPS 305.09(7)(c)1.1. An applicant who has successfully passed a license, certification or registration examination may submit an application and the license, certification or registration fee as specified under s. SPS 305.02, Table 305.02 for the appropriate license, certification or registration within 3 months after the date the department had mailed the results of the examination.
SPS 305.09(7)(c)2. 2. Failure to apply for a license, certification or registration in accordance with subd. 1., shall necessitate the applicant to apply, retake and pass another license, certification or registration examination in order to obtain the license, certification or registration.
SPS 305.09(8)(a)(a) An applicant may request and make an appointment with the department to review his or her examination.
SPS 305.09(8)(b) (b) The request to review an examination relating to subchs. II to VII, but not including s. SPS 305.68, and subchs. IX and X shall be accompanied by a $15 fee.
SPS 305.09(8)(c) (c) An applicant who has failed his or her examination may not review the examination less than 7 calendar days before the applicant is scheduled to retake the examination.
SPS 305.09(8)(d) (d) The department shall retain license, certification or registration examinations at least 2 months after the date of the examination.
SPS 305.09 Note Note: This section only applies to examinations administered by the department.
SPS 305.09 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1), (2) (intro.), (4) (a), (b), (c) 1., (5), (6), (7) (b), (c) and (8) (c), Register, April, 2000, No. 532, eff. 5-1-00; CR 09-046: renum. (8) (b) and (c) to be (8) (c) and (d), cr. (8) (b) Register March 2010 No. 651, eff. 4-1-10; correction in (7) (b), (c) 1., (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: am. (title) Register August 2014 No. 704, eff. 9-1-14.
SPS 305.10 SPS 305.10Denial, suspension and revocation.
SPS 305.10(1)(1)Except as provided in sub. (2) pertaining to licenses or registrations for master plumbers, journeyman plumbers, cross connection control testers and utility contractors, the department may deny, suspend or revoke a license, certification, registration, or enrollment under this chapter in accordance with the following provisions:
SPS 305.10(1)(a) (a) Reasons. The department may deny, suspend, or revoke a license, certification, registration, or enrollment under this chapter if the department determines that an applicant or holder of the license, certification, registration, or enrollment is responsible for any of the following:
SPS 305.10(1)(a)1. 1. Fails to meet the qualifications for the license, certification, registration, or enrollment.
SPS 305.10(1)(a)2. 2. Has obtained the license, certification, registration, or enrollment through fraud or deceit.
SPS 305.10(1)(a)3. 3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the license, certification, registration, or enrollment.
SPS 305.10(1)(a)4. 4. Has a conflict of interest in fulfilling the responsibilities or obligations under the license, certification, registration, or enrollment.
SPS 305.10(1)(a)5. 5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the license, certification, registration, or enrollment.
SPS 305.10(1)(a)6. 6. Has been arrested or convicted for a crime substantially related to the license, certification, registration, or enrollment.
SPS 305.10(1)(a)7. 7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the license, certification, registration, or enrollment.
SPS 305.10(1)(a)8. 8. Has violated state, federal, or local laws or regulations relating to the conduct of the activities under the license, certification, registration, or enrollment.
SPS 305.10(1)(a)9. 9. Has been certified by the department of revenue under s. 73.0301, Stats., to be liable for taxes.
SPS 305.10(1)(a)10. 10. Has been delinquent in making court-ordered payments relating to the support of a child or former spouse pursuant to s. 101.022, Stats.
SPS 305.10(1)(a)11. 11. Has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency relating to paternity or child support proceedings pursuant to s. 101.022, Stats.
SPS 305.10(1)(a)12. 12. If registered or certified under ss. SPS 305.80 to 305.81, has performed any of the following:
SPS 305.10(1)(a)12.a. a. Intentionally shifted costs, for the purpose of making ineligible costs appear to be eligible.
SPS 305.10(1)(a)12.b. b. Intentionally billed for activities not undertaken at a specific cleanup site.
SPS 305.10(1)(a)12.c. c. Rebated the deductible or structured a claim to provide a responsible party with a rebate or reimbursement of the deductible.
SPS 305.10(1)(a)12.d. d. Intentionally submitted invoices or bills containing fraud, or submitted claims that were incomplete or contained fraud.
SPS 305.10(1)(a)12.e. e. Conducted unnecessary, ineffective or incomplete remedial activities or services.
SPS 305.10(1)(a)12.f. f. Attempted to defraud, including but not limited to false or double billing of clients for work conducted.
SPS 305.10(1)(a)12.g. g. Charged a fee that the department determined was excessive, after written notice from the department that the fee was excessive and should not have been charged.
SPS 305.10(1)(a)12.h. h. Exhibited a pattern of attempting and failing to complete remediations of PECFA sites.
SPS 305.10(1)(a)12.i. i. Performed activities that result in both exceeding a cost cap established by the department, and submittal of a claim to the department for the cost in excess of that cost cap.
SPS 305.10(1)(a)12.j. j. Failed to pay a financial penalty assessed under ch. NR 747 for a grossly ineligible cost.
SPS 305.10(1)(a)13. 13. If registered or certified under s. SPS 305.68 or subch. VIII, has performed any of the following:
SPS 305.10(1)(a)13.a. a. Failed to maintain required records.
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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.