AB40: Bill Text

AB40,886,23 (b) Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against a registrant or in any proceeding against a former registrant for practicing without a registration. Failure to receive a notice of renewal does not relieve a registrant from the obligation to pay a penalty for late renewal under sub. (2).

AB40,887,2 (2) Late Renewal. If the department does not receive an application to renew a registration before the applicable renewal date, the registrant may restore the registration by paying, within 60 days after the renewal date, the renewal fee and late fee determined by the department under s. 202.08.

AB40,887,9 (3) Denial of registration or registration renewal. (a) 1. Notwithstanding ss. 202.12 to 202.14 and 202.23, if the department determines that an applicant for registration or registration renewal has failed to comply with any applicable requirement for renewal, or that the denial of an application for registration or registration renewal is necessary to protect the public health, safety, or welfare, the department may summarily deny the application for registration or registration renewal.

AB40,887,15 2. If the department denies an application for registration or registration renewal under subd. 1., the department shall provide the applicant with a notice of denial that states the facts or conduct giving rise to the denial and states that the applicant may, within 30 days after the date stated on the notice of denial, file a written request with the department for the department to review the denial at a hearing.

AB40,887,17 (b) This subsection does not apply to a denial of a registration or registration renewal under s. 202.03 or 202.035 (2) (b).

AB40,887,22 202.03 Registration denial, nonrenewal, or revocation based on tax delinquency. Notwithstanding ss. 202.12 to 202.14 and 202.22, the department shall deny an application for an initial registration or for registration renewal, or revoke a registration, if the department of revenue certifies under s. 73.0301 that the applicant or registrant is liable for delinquent taxes, as defined in s. 73.0301 (1) (c).

AB40,887,25 202.035 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section, "support" has the meaning given in s. 49.857 (1) (g).

AB40,888,3 (2) Notwithstanding ss. 202.12 to 202.14 and 202.22, the department shall do all of the following, subject to the memorandum of understanding between the department and the department of children and families under s. 49.857:

AB40,888,9 (a) Restrict, limit, or suspend a registration, or deny an application for an initial registration, if the registrant, applicant, or a controlling person of the registrant or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant related to support or paternity proceedings that is issued by the department of children and families or a county child support agency under s. 59.53 (5).

AB40,888,14 (b) Deny an application for registration renewal if the registrant or a controlling person of the registrant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant related to support or paternity proceedings that is issued by the department of children and families or a county child support agency under s. 59.53 (5).

AB40,888,18 202.04 Voluntary surrender of registration. A registrant may voluntarily surrender his or her registration. The department may refuse to accept that surrender if a complaint has been filed or a disciplinary proceeding has been commenced against the registrant.

AB40,888,20 202.05 Nondisclosure of certain personal information. (1) In this section:

AB40,888,22 (a) "List" means information compiled or maintained by the department that contains the personal identifiers of at least 10 individuals.

AB40,888,24 (b) "Personal identifier" means a social security number, telephone number, street name and number, electronic mail address, or post-office box number.

AB40,889,5 (2) If a form that the department requires an individual to complete in connection with a registration or registration renewal under this chapter requires the individual to provide a personal identifier of the individual, the form shall include a place for the individual to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,11 (3) If the department requires an individual to provide in person or by telephone or other electronic means a personal identifier of the individual in connection with a registration or registration renewal under this chapter, the department shall provide the individual an opportunity to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,15 (4) Upon request, the department shall provide to a registrant who is an individual a form that includes a place for the individual to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,18 (5) (a) Except as provided in par. (b), the department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4).

AB40,889,24 (b) Paragraph (a) does not apply to a list that the department furnishes to another state agency, a law enforcement agency, or a federal governmental agency. A state agency that receives a list from the department containing a personal identifier of an individual who has made a declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency, or a federal governmental agency.

AB40,890,4 202.055 Change of name or address. (1) An applicant or registrant that undergoes a change of name or address shall notify the department of the applicant's or registrant's new name or address within 30 days after the change in writing or in accordance with other notification procedures approved by the department.

AB40,890,7 (2) The department may serve any process, notice, or demand on a registrant by mailing it to the last-known address of the registrant as indicated in the department's records, or by other means established by the department by rule.

AB40,890,9 (3) Any person who fails to comply with sub. (1) shall be subject to a forfeiture of $50.

AB40,890,13 202.06 Disciplinary proceedings; enforcement of laws requiring registration. (1) Investigations. The department may conduct investigations and hold hearings to determine whether any person has violated this chapter or any rule promulgated under this chapter.

AB40,890,17 (2) Disciplinary action. The department may reprimand a registrant or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that an applicant, registrant, or controlling person has done any of the following:

AB40,890,20 (a) Made a material misrepresentation or false statement in an application for registration or registration renewal or in any other information submitted to the department or in a report under s. 108.067.

AB40,890,21 (b) Violated this chapter or a rule promulgated under this chapter.

AB40,891,2 (3) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, revocation, restriction, nonrenewal, or other withholding of a registration under sub. (2), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.

AB40,891,8 (5) Injunction. If it appears upon complaint to the department or the department otherwise knows that any person has violated this chapter, the department or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against that person to enjoin the person from committing further violations of this chapter.

AB40,891,12 (6) Practice without a registration. (a) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required registration, the department may issue a special order enjoining the person from continuing the practice or use of the title.

AB40,891,16 (b) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required registration, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB40,891,21 (c) 1. Any person who violates a special order issued under par. (a) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this subdivision.

AB40,891,24 2. Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under par. (b) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB40,892,3 (7) Judicial review. Any person who is aggrieved by any action taken under this chapter by the department, its officers, or agents may apply for judicial review as provided in ch. 227.

AB40,892,10 202.07 Administrative warnings. (1) If the department determines during an investigation of a complaint against a registrant that there is evidence that the registrant committed misconduct, the department may close the investigation by issuing an administrative warning to the registrant if the department determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

AB40,892,12 (2) A registrant may obtain review of an administrative warning through a personal appearance before the department.

AB40,892,15 (3) (a) An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b), may not be used as evidence that the registrant is guilty of the alleged misconduct.

AB40,892,21 (b) If the department receives a subsequent complaint of misconduct by a registrant against whom the department issued an administrative warning, the department may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the registrant, and the administrative warning may be used as evidence that the registrant had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.

AB40,892,23 (4) An administrative warning is a public record subject to inspection or copying under s. 19.35.

AB40,893,2 202.08 Fees. (1) The department shall determine the fees for an initial registration and for a registration renewal, including late fees for each type of registration under ss. 202.12 to 202.14 and 202.22, based on the department's administrative and enforcement costs under this chapter.

AB40,893,15 (2) Before the department makes any fee adjustment under sub. (1), the department shall send a notification of the proposed fee adjustments to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of financial institutions within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made as proposed. The department shall notify registrants of the fee adjustments by posting the fee adjustments on the department's Internet site and in registration renewal notices sent to affected registrants under s. 202.025 (1). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary of financial institutions that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made only upon approval of the committee.

AB40,893,21 202.09 Debit or credit card payments; collection of registration for nonpayment by financial institution. (1) If the department permits the payment of a fee by use of a debit or credit card, the department may charge a service charge for each transaction in addition to the fee being paid. The service charge shall be sufficient to cover the cost to the department of permitting the payment of a fee by debit or credit card.

AB40,894,2 (2) If a registrant pays a fee required under this chapter by check or by debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the registration after 60 days after the department receives a notice of nonpayment from the financial institution, subject to sub. (3).

AB40,894,7 (3) At least 20 days before canceling a registration under sub. (2), the department shall provide a notice to the registrant that informs the registrant that the check or demand for payment under the debit or credit card transaction was not paid by the financial institution and that the registrant's registration may be canceled, unless the registrant does all of the following before that date:

AB40,894,9 (a) Pays the fee for which the unpaid check or demand for payment under the debit or credit card transaction was issued.

AB40,894,10 (b) Pays any applicable late fee.

AB40,894,12 (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB40,894,14 (4) The department may extend the date for cancellation to allow the registrant additional time to comply with sub. (3) (a) to (c).

AB40,894,17 (5) The department may reinstate a registration that it cancelled under this section only if the former registrant complies with sub. (3) (a) to (c) and pays a $30 reinstatement fee.

AB40,894,19 202.095 Rules. The department shall promulgate rules to implement this chapter.

AB40,894,20 202.11 (5m) "Department" means the department of financial institutions.

AB40,894,21 202.21 (3m) "Department" means the department of financial institutions.

AB40,1991 Section 1991. 224.42 (1) (a) of the statutes is amended to read:

AB40,894,24 224.42 (1) (a) "Financial institution" has the meaning given in 12 USC 3401 (1) s. 49.45 (4m) (a) 3.

AB40,1992 Section 1992. 227.01 (13) (im) of the statutes is repealed.

AB40,1993 Section 1993. 227.01 (13) (Lr) of the statutes is created to read:

AB40,895,3 227.01 (13) (Lr) Determines what constitutes high-demand fields for purposes of s. 38.28 (2) (be) 1. b.

AB40,1994 Section 1994. 227.01 (13) (sm) of the statutes is created to read:

AB40,895,6 227.01 (13) (sm) Is a standard or statement of policy adopted by the charter school oversight board.

AB40,1995 Section 1995. 227.01 (13) (ur) of the statutes is repealed.

AB40,1996 Section 1996. 227.03 (7m) of the statutes is amended to read:

AB40,895,10 227.03 (7m) Except as provided in s. 101.143 292.63 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 101.143 292.63 (6s).

AB40,1997 Section 1997. 227.42 (7) of the statutes is repealed.

AB40,1998 Section 1998. 227.44 (8) of the statutes is amended to read:

AB40,896,5 227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 292.63 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

AB40,1999 Section 1999. 230.03 (8m) of the statutes is created to read:

AB40,896,8 230.03 (8m) "Continuous service" means service performed while employed by a state agency or by the Board of Regents of the University of Wisconsin System.

AB40,2000 Section 2000. 230.08 (2) (e) 5. of the statutes is amended to read:

AB40,896,10 230.08 (2) (e) 5. Health services — 9 10.

AB40,2001 Section 2001. 230.08 (2) (e) 5m. of the statutes is amended to read:

AB40,896,12 230.08 (2) (e) 5m. Historical society — 5 4.

AB40,2002 Section 2002. 230.08 (2) (e) 11m. of the statutes is amended to read:

AB40,896,14 230.08 (2) (e) 11m. Safety and professional services — 8 9.

AB40,2003 Section 2003. 230.08 (2) (e) 13. of the statutes is amended to read:

AB40,896,16 230.08 (2) (e) 13. Veterans affairs — 3 4.

AB40,2004 Section 2004. 230.08 (2) (fs) of the statutes is amended to read:

AB40,896,23 230.08 (2) (fs) All deputies of department secretaries appointed under s. 15.04 (2) and executive assistants, assistant deputy secretaries to department secretaries appointed under s. 15.05 (3), including those and executive assistants appointed by the attorney general, the adjutant general, the director of the technical college system and, the state superintendent of public instruction, and the director of the historical society under s. 15.05 (3).

AB40,2005 Section 2005. 230.08 (2) (m) of the statutes is repealed.

AB40,2006 Section 2006. 230.08 (2) (sb) of the statutes is created to read:

AB40,897,2 230.08 (2) (sb) Solicitor general and deputy solicitor general positions in the department of justice.

AB40,2007 Section 2007. 230.08 (2) (w) of the statutes is repealed and recreated to read:

AB40,897,5 230.08 (2) (w) The executive director of the office of crime victim services in the department of justice.

AB40,2008 Section 2008. 230.08 (2) (xm) of the statutes is repealed.

AB40,2009 Section 2009. 230.08 (2) (yc) of the statutes is created to read:

AB40,897,9 230.08 (2) (yc) The directors of regional offices of intergovernmental affairs in the department of administration.

AB40,2010 Section 2010. 230.08 (4) (d) of the statutes is amended to read:

AB40,897,13 230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall be an attorney and shall be appointed by the chairperson of the employment relations commission.

AB40,2011 Section 2011. 230.12 (3) (e) (title) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read: