AB370,10,88 (e) Rules governing audits under s. 475.13 (6).
AB370,10,12 9(4) The department shall, within 2 years after the department first approves
10a supporting organization under s. 475.10, submit a report to the joint committee on
11finance and to the appropriate standing committees of the legislature under s. 13.172
12(3) containing all of the following:
AB370,10,1413 (a) The names of all supporting organizations that have been approved by the
14department under s. 475.10.
AB370,10,1615 (b) The names of all organizations that applied for approval under s. 475.10
16that were not approved by the department.
AB370,10,1817 (c) Information about how the registry has provided additional consumer
18protection to the residents of this state.
AB370,10,2019 (d) The department's recommendations as to whether the registry should be
20continued or whether the limitation under s. 475.10 (8) should be repealed.
AB370,11,2 21475.10 Inclusion in registry; supporting organizations. (1) A supporting
22organization may apply for inclusion in the registry using the application created by
23the department under s. 475.05 (2). The department may charge a supporting
24organization an application fee in an amount necessary to reflect the administrative

1costs of the department that are associated with the application process. The
2department shall adjust any such fee in accordance with s. 440.03 (9).
AB370,11,10 3(2) The department shall review completed applications from supporting
4organizations submitted under sub. (1). After the department has completed its
5review of an application, the department shall hold a public hearing on the
6application. To the extent practicable, the department shall conduct a hearing under
7this subsection in the manner prescribed for rule-making hearings under s. 227.18.
8The department may send a copy of a notice of a hearing under this subsection to the
9legislative reference bureau, in a format approved by the legislative reference
10bureau, for publication in the Wisconsin administrative register.
AB370,11,20 11(3) (a) The department shall, within 30 days after the date of the hearing held
12under sub. (2), either approve the application, deny the application, or request that
13the supporting organization submit additional information. The department shall
14approve an application if the department determines, based on the evidence
15presented in the supporting organization's application under sub. (1) and
16information and testimony presented at the hearing held under sub. (2), that
17approving the supporting organization will improve consumer protection in this
18state. After the department receives additional information as provided in this
19paragraph, the department may hold an additional hearing as needed and shall
20either approve or deny the application.
AB370,11,2421 (b) Within 30 days after the department denies an application under this
22section, the supporting organization may petition the secretary for reconsideration
23of the application. The secretary shall make a decision on the petition within 30 days
24after it is filed.
AB370,12,5
1(4) If the department approves a supporting organization's application for
2inclusion in the registry, the department shall include the supporting organization
3in the registry. The department shall allow an individual who is certified by an
4approved supporting organization to apply for inclusion in the registry as provided
5in s. 475.13.
AB370,12,12 6(5) A supporting organization's inclusion in the registry shall be subject to
7renewal every 2 years. If the department requires the payment of an application fee
8under sub. (1), the department shall require the payment of a renewal fee for a
9renewal under this subsection in an amount necessary to reflect the administrative
10and enforcement costs of the department associated with that supporting
11organization's inclusion in the registry. The department shall adjust any such fee in
12accordance with s. 440.03 (9).
AB370,12,14 13(6) The department may remove an approved supporting organization from the
14registry for any of the following reasons:
AB370,12,1515 (a) The organization requests to be removed from the registry.
AB370,12,1616 (b) The organization ceases its operations.
AB370,12,1817 (c) The supporting organization fails to renew its inclusion in the registry as
18provided in sub. (5).
AB370,12,2119 (d) Fraud or deceit in the application process that would have affected the
20department's decision to approve the supporting organization's application under
21sub. (1).
AB370,12,2222 (e) The department removes the organization pursuant to s. 440.23.
AB370,12,25 23(7) (a) A supporting organization that is included in the registry shall notify
24the department if the organization decertifies an individual who is certified by the
25organization.
AB370,13,5
1(b) A supporting organization that is included in the registry may audit the
2information of an individual included in the registry under s. 475.13 who claims to
3have earned a certification from the supporting organization. If the supporting
4organization determines that an individual included in the registry does not possess
5the certification, the supporting organization shall notify the department.
AB370,13,9 6(8) The department shall be limited to approving 5 supporting organizations
7for inclusion in the registry. Once the department has approved 5 supporting
8organizations, the department shall, notwithstanding sub. (3), summarily deny any
9outstanding applications and any subsequently filed applications.
AB370,13,13 10475.13 Inclusion in registry; individuals. (1) (a) An individual may apply
11for inclusion in the registry by submitting an application to the department for
12inclusion in the registry on a form provided by the department. An applicant shall
13include all of the following with his or her application:
AB370,13,1514 1. Evidence that the individual possesses a valid certification from an approved
15supporting organization that is included in the registry under s. 475.10 (4).
AB370,13,1816 2. A fee in an amount necessary to reflect the administrative costs of the
17department that are associated with the application process. The department shall
18adjust the fee in accordance with s. 440.03 (9).
AB370,13,2019 3. Subject to ss. 111.321, 111.322, and 111.335, evidence satisfactory to the
20department that the person does not have an arrest or conviction record.
AB370,13,2421 (b) 1. The department shall conduct an investigation to determine whether an
22applicant under par. (a) does not have an arrest or conviction record. In conducting
23an investigation under this paragraph, the department may require an applicant to
24provide any information that is necessary for the investigation.
AB370,14,5
12. An individual may apply to the secretary for a waiver from the investigation
2requirement under subd. 1. The secretary may grant the waiver only if the secretary
3determines the individual, in practicing the individual's occupation or profession,
4would not present an unreasonable risk of harm to the health, safety, or welfare of
5the public.
AB370,14,76 3. The department may charge an individual any fees, costs, or other expenses
7incurred in conducting any investigation under subd. 1.
AB370,14,10 8(2) (a) The department shall review completed applications submitted under
9sub. (1). If the department approves an individual's application, the department
10shall include that individual in the registry.
AB370,14,1611 (b) An individual's inclusion in the registry shall be subject to renewal every
122 years. The department may require the payment of a renewal fee for a renewal
13under this paragraph in an amount necessary to reflect the administrative and
14enforcement costs of the department associated with the inclusion of individuals
15certified by that supporting organization in the registry. The department shall
16adjust the fee in accordance with s. 440.03 (9).
AB370,14,21 17(3) An individual who is included in the registry and is convicted of a felony or
18misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the
19department within 48 hours after the entry of the judgment of conviction. The
20department shall by rule determine what information and documentation the
21individual shall include with the written notice.
AB370,14,23 22(4) An individual who is included in the registry as provided in sub. (2) shall
23be removed from the registry if any of the following applies:
AB370,14,2524 (a) The supporting organization that certified the individual is removed from
25the registry under s. 475.10 (6).
AB370,15,2
1(b) The individual fails to renew his or her inclusion in the registry as provided
2in sub. (2) (b).
AB370,15,43 (c) The department receives a notification from a supporting organization
4under s. 475.10 (7) (a) that the individual has been decertified.
AB370,15,75 (d) The department determines, on the basis of a notification under s. 475.10
6(7) (b), on the basis of an audit under sub. (6), or otherwise, that the individual does
7not possess the requisite certification.
AB370,15,98 (e) Subject to ss. 111.321, 111.322, and 111.335, the individual is convicted of
9a crime.
AB370,15,1010 (f) The department removes the individual pursuant to s. 440.23.
AB370,15,16 11(5) No individual may, in conjunction with his or her practice of an occupation
12or profession, use the phrase “state certified” or anything else to indicate that he or
13she is certified by the state to engage in that occupation or profession, if a supporting
14organization for that occupation or profession is included on the registry under s.
15475.10, unless the individual is currently included in the registry as provided in sub.
16(2).
AB370,15,19 17(6) The department may conduct audits of information submitted by
18individuals in applications under sub. (1) (a) or by individuals included in the
19registry as provided in sub. (2).
AB370,15,21 20475.15 Penalties. (1) Any individual who violates s. 475.13 (5) is subject to
21a forfeiture not to exceed $10,000.
AB370,15,25 22(2) Any individual who, in an application for inclusion in the registry under s.
23475.13 (1) (a) or in a renewal application under s. 475.13 (2) (b), intentionally makes
24a material misstatement or intentionally submits falsified documentation is subject
25to a forfeiture not to exceed $1,000.
AB370,16
1Section 16 . Nonstatutory provisions.
AB370,16,22 (1) Report.
AB370,16,33 (a) In this subsection:
AB370,16,4 41. “Credential” has the meaning given in section 440.01 (2) (a) of the statutes.
AB370,16,55 2. “Department” means the department of safety and professional services.
AB370,16,76 3. “Supporting organization” has the meaning given in section 475.01 (3) (a) of
7the statutes.
AB370,16,118 (b) The department shall, within one year after the effective date of this
9subsection, submit a report to the joint committee on finance and to the appropriate
10standing committees of the legislature under section 13.172 (3) of the statutes
11regarding all of the following:
AB370,16,13 121. Whether there is a supporting organization corresponding to any of the
13following occupations or professions:
AB370,16,15 14a. Auctioneers, who are required to be registered under chapter 480 of the
15statutes.
AB370,16,17 16b. Dietitians, who are required to be certified under subchapter V of chapter
17448 of the statutes.
AB370,16,19 18c. Landscape architects, who are required to be registered under chapter 443
19of the statutes.
AB370,16,21 20d. Private detectives, who are required to be licensed under section 440.26 of
21the statutes.
AB370,16,23 22e. Private security persons, who are required to hold a permit under section
23440.26 of the statutes.
AB370,16,25 24f. Sign language interpreters, who are required to be licensed under section
25440.032 of the statutes.
AB370,17,3
12. Except as provided in subdivision 3 ., the department's recommendations
2regarding whether any of the requirements to hold a credential described in
3subdivision 1. a. to f . should be eliminated, based on all of the following:
AB370,17,7 4a. The department's evaluation of whether the unregulated practice of that
5occupation or profession can clearly harm or endanger the health, safety, or welfare
6of the public, and whether the potential for the harm is recognizable and not remote
7or speculative.
AB370,17,9 8b. The department's evaluation of whether the public reasonably benefits from
9the credential requirement.
AB370,17,11 10c. The department's evaluation of whether the public can be effectively
11protected by any means other than requiring the credential.
AB370,17,13 12d. The department's analysis of whether similar credentialing requirements
13for the regulated occupation or profession exist in other states.
AB370,17,15 14e. The department's estimate of the number of individuals or entities that are
15affected by the credential requirement.
AB370,17,20 16f. The department's estimate of the total financial burden imposed on
17individuals or entities as a result of the credentialing requirement, including
18education or training costs, examination fees, private credential fees, credential fees
19imposed by the state, and other costs individuals or entities incur in order to obtain
20the required credential.
AB370,17,24 21g. Any statement or analysis provided by the department or, if the credential
22requirement is administered by a board, examining board, or affiliated credentialing
23board in the department, any statement or analysis provided by that board,
24examining board, or affiliated credentialing board.
AB370,18,3
13. The department is not required to report under subdivision 2. on a
2requirement to hold a credential described in subdivision 1. a . to f. if that
3requirement is eliminated prior to the date the department issues the report.
AB370,17 4Section 17. Effective dates. This act takes effect on the first day of the 7th
5month beginning after publication, except as follows:
AB370,18,66 (1) Section 16 (1 ) of this act takes effect on the day after publication.
AB370,18,87 (2) The repeal and recreation of section 440.14 (2) and (3) of the statutes takes
8effect on December 16, 2019.
AB370,18,99 (End)
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