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 or registration under this chapter in accordance with this subsection.
SPS 305.10(1)(a) (a) Reasons. The department may deny, suspend or revoke a license, certification or registration under this chapter if the department determines that an applicant or holder of the license, certification or registration is responsible for any of the following:
SPS 305.10(1)(a)1. 1. Fails to meet the qualifications for the license, certification or registration.
SPS 305.10(1)(a)2. 2. Has obtained the license, certification or registration 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 or registration.
SPS 305.10(1)(a)4. 4. Has a conflict of interest in fulfilling the responsibilities or obligations under the license, certification or registration.
SPS 305.10(1)(a)5. 5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the license, certification or registration.
SPS 305.10(1)(a)6. 6. Has been arrested or convicted for a crime substantially related to the license, certification or registration.
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 or registration.
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 or registration.
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. 101.02 (21) (a), (c) and (d), 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. 101.02 (21) (a), (c) and (d), 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.
SPS 305.10(1)(a)13.b. b. Denied the department access to requested records.
SPS 305.10(1)(a)13.c. c. Failed to submit a required notice or report to the department, within a required time period.
SPS 305.10(1)(a)13.d. d. Submitted false reports to the department.
SPS 305.10(1)(a)13.e. e. Exhibited a pattern of submitting substantially inadequate reports.
SPS 305.10(1)(a)14. 14. If registered under s. SPS 305.31 as a dwelling contractor, has done or has been any of the following:
SPS 305.10(1)(a)14.a. a. Failed to hold or to engage, as an employee, a person who holds a dwelling contractor qualifier certification under s. SPS 305.315 in obtaining a building permit.
SPS 305.10(1)(a)14.b. b. Engaged in the construction of a dwelling without a uniform building permit when required under s. SPS 320.08.
SPS 305.10(1)(a)14.c. c. Convicted of a crime related to the construction of a dwelling.
SPS 305.10(1)(a)14.d. d. Adjudged bankrupt on 2 or more occasions.
SPS 305.10(1)(b) (b) Notice of denial, suspension or revocation. Except as provided under s. 101.654 (4), Stats., relative to a dwelling contractor certification, and par. (c), a notice of denial, suspension or revocation shall be sent to the applicant or the license, certification or registration holder. The notice shall include all of the following:
SPS 305.10(1)(b)1. 1. The basis for the denial, suspension or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision; and
SPS 305.10(1)(b)2. 2. A statement that the applicant or the license, certification or registration holder may file a request for an administrative hearing.
SPS 305.10 Note Note: See the appendix under A305.31 for a reprint of s. 101.654 (4), Stats.
SPS 305.10(1)(c) (c) Summary suspension. Under s. 227.51 (3), Stats., the department may summarily suspend any license, certification or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a license, certification or registration shall remain in effect until after a final decision is issued following a hearing.
SPS 305.10(1)(d) (d) Hearing.
SPS 305.10(1)(d)1.1. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b), otherwise, the request for hearing shall be denied by the department.
SPS 305.10 Note Note: Requests for an administrative hearing may be mailed to the Department of Safety and Professional Services Legal Counsel, P.O. Box 7190, Madison, WI 53707-7190.
SPS 305.10(1)(d)2. 2. Hearings shall comply with the provisions of ch. 227, Stats.
SPS 305.10(1)(e) (e) Surrender of license, certification or registration. A person whose license, certification or registration has been suspended or revoked shall surrender the license, certification or registration to the department upon request.
SPS 305.10(1)(f) (f) Reinstatement.
SPS 305.10(1)(f)1.1. Suspension.
SPS 305.10(1)(f)1.a.a. A person whose license, certification or registration has been suspended may apply to have the license, certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.
SPS 305.10(1)(f)1.b. b. The request to the department to have a suspended license, certification or registration reissued shall be made in writing.
SPS 305.10(1)(f)1.c. c. The department may require a person whose license, certification or registration has been suspended to apply for the license, certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.
SPS 305.10(1)(f)1.d. d. The department may impose conditions on the reissued license, certification or registration to assure compliance with this chapter.
SPS 305.10(1)(f)2. 2. Revocation. A person whose license, certification or registration has been revoked may not apply to ever receive such a license, certification or registration.
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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.