Wisconsin Legislature: CR 18-049 Proposed Rule Order

CR 18-049 Proposed Rule Order

Administrative Code Chapter Affected:

Related to: Revoking a license based upon a felony conviction that is a bar to licensure or registration

Notes: The rule affected by this Petitition and Proposed Rule for Repeal of Unauthorized Rule was incorrectly identified as CR 18-051 in Register 751A1 as it was originally published on July 2, 2018. The correct number assigned to this rule by the Legislative Council Rules Clearinghouse is CR 18-049. Register 751A1 was republished on September 26, 2018 to correct the error.

The rule was originally published as having been filed for publication in Register 754B with a scheduled publication date of November 26, 2018. Because the rule was not so published and the LRB has no record that the rule was filed, Register 754B was republished on February 2, 2023, to correct the error.

STATE OF WISCONSIN

Real Estate Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

REAL ESTATE EXAMINING BOARD

PROPOSED ORDER OF THE REAL ESTATE EXAMINING BOARD

ADOPTING RULES

The Real Estate Examining Board is petitioning the Joint Committee for Review of Administrative Rules to repeal a rule the Real Estate Examining Board has determined to be an unauthorized rule using the process under s. 227.26 (4), Stats.

PROPOSED ORDER

An order of the Real Estate Examining Board to repeal REEB 24.17 (2m) relating to revoking a license based upon a felony conviction that is a bar to licensure or registration.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: s. 452.14 (3) (p), Stats.

Statutory authority: ss. 15.08 (5) (b), 452.07 (1), Stats.

Explanation of agency authority:

The Board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. [15.08 (5) (b), Stats.]

The Board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice. [452.07 (1), Stats.]

Related statute or rule: REEB 24.17 (2)

Plain language analysis:

REEB 24.17 (2m) allows the Real Estate Examining Board to revoke a license or registration based on a conviction of a felony that is a bar to licensure or registration under s. 452.025 (1) (a), Stats. This rule was promulgated to implement 2013 Act 288 which created s. 452.14 (3) (p), Stats.

2017 Act 110 repealed and recreated s. 452.14 (3) (p), Stats. The current s. REEB 24.17 (2m) is a more restrictive standard than the new recreated statutory provision. In addition, the Real Estate Examining Board currently has a rule which addresses disciplinary actions based upon convictions so it is unnecessary to amend s. REEB 24.17 (2m).

Therefore, the Board has determined that s. REEB 24.17 (2m) is an unauthorized rule and seeks its repeal under s. 227.26 (4).

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov.

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TEXT OF RULE

Section 1. REEB 24.17 (2m) is repealed.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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