PRIVATE DETECTIVES
440.26 Private detectives, investigators and security personnel; licenses and permits.
SUBCHAPTER III
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
440.42 Regulation of charitable organizations.
440.43 Regulation of fund-raising counsel.
440.44 Regulation of professional fund-raisers.
440.45 Charitable sales promotions.
440.455 Solicitation disclosure requirements.
440.47 Administration and investigations.
440.475 Disciplinary actions.
440.48 Penalties and enforcement.
SUBCHAPTER IV
PEDDLERS
440.51 Statewide peddler's licenses for ex-soldiers.
SUBCHAPTER V
BARBERING AND COSMETOLOGY SCHOOLS
440.62 School and specialty school licensure.
440.63 Persons providing practical instruction in schools.
440.635 Persons providing practical instruction in specialty schools.
440.64 Regulation of schools and specialty schools.
SUBCHAPTER VIII
CEMETERY AUTHORITIES, SALESPERSONS AND PRENEED SELLERS
440.91 Cemetery authorities and cemetery salespersons.
440.92 Cemetery preneed sellers.
440.93 Disciplinary actions and proceedings.
440.945 Cemetery monuments.
SUBCHAPTER IX
INTERIOR DESIGNERS
440.962 Registration requirements.
440.963 Use of title by firms, partnerships and corporations.
440.965 Reciprocal registration.
440.966 Renewal; continuing education.
440.967 List of registered persons.
440.968 Discipline; prohibited acts; penalties.
GENERAL PROVISIONS
440.01(1)(a)
(a) "Department" means the department of regulation and licensing.
440.01(1)(b)
(b) "Grant" means the substantive act of an examining board, section of an examining board, affiliated credentialing board or the department of approving the applicant for credentialing and the preparing, executing, signing or sealing of the credentialing.
440.01(1)(c)
(c) "Issue" means the procedural act of the department of transmitting the credential to the person who is credentialed.
440.01(1)(d)
(d) "Limit", when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, and to restrict the scope of the holder's practice.
440.01(1)(dm)
(dm) "Renewal date" means the date on which a credential expires and before which it must be renewed for the holder to maintain without interruption the rights, privileges and authority conferred by the credential.
440.01(1)(e)
(e) "Reprimand" means to publicly warn the holder of a credential.
440.01(1)(f)
(f) "Revoke", when used in reference to revoking a credential, means to completely and absolutely terminate the credential and all rights, privileges and authority previously conferred by the credential.
440.01(1)(g)
(g) "Secretary" means the secretary of regulation and licensing.
440.01(1)(h)
(h) "Suspend", when used in reference to suspending a credential, means to completely and absolutely withdraw and withhold for a period of time all rights, privileges and authority previously conferred by the credential.
440.01(2)(a)
(a) "Credential" means a license, permit, or certificate of certification or registration that is issued under
chs. 440 to
480.
440.01(2)(b)
(b) "Credentialing" means the acts of an examining board, section of an examining board, affiliated credentialing board or the department that relate to granting, issuing, denying, limiting, suspending or revoking a credential.
440.01(2)(c)
(c) "Examining board" includes the board of nursing.
440.01(2)(cm)
(cm) "Liable for delinquent taxes" means that a person has been finally determined to be delinquent in the payment of taxes, including penalties, interest, fees and costs, under
ch. 71,
72,
76,
77,
78,
125 or
139 and the person remains delinquent in the payment of those taxes at the time the department requests a certification under
s. 440.08 (2r) of liability for delinquent taxes.
440.01 Note
NOTE: Par. (cs) was created as 440.01 (2) (cm) by
1995 Wis. Act 333 and renumbered by the revisor under s. 13.93 (1) (b).
440.01(2)(d)
(d) "Reciprocal credential" means a credential granted by an examining board, section of an examining board, affiliated credentialing board or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the examining board, section of the examining board, affiliated credentialing board or department.
440.01 Annotation
Procedural due process and the separation of functions in state occupational licensing agencies. 1974 WLR 833.
440.02
440.02
Bonds. Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.
440.03
440.03
General duties and powers of the department. 440.03(1)(1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
440.03(1m)
(1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in
s. 560.41 (2), that is issued under
chs. 440 to
480.
440.03(2)
(2) The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, "nonprofit organization" means a nonprofit corporation as defined in
s. 181.02 (4) and an organization exempt from tax under
26 USC 501.
440.03(3)
(3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under
s. 15.405 or
15.406.
440.03(3m)
(3m) The department may investigate complaints made against a person who has been issued a credential under
chs. 440 to
480.
440.03(4)
(4) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.
440.03(5)
(5) The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under
ch. 448.
440.03(6)
(6) The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under
s. 655.045, as created by
1985 Wisconsin Act 29, and
s. 655.26.
440.03(7)
(7) The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued under
chs. 440 to
480.When establishing the format of credential renewal application forms, the department shall provide a place on the form for the information required under
s. 440.08 (2g) (b). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.
440.03(8)
(8) The department may promulgate rules requiring holders of certain credentials to do any of the following:
440.03(8)(a)
(a) Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.
440.03(8)(b)
(b) Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.
440.03(9)
(9) The department shall include all of the following with each biennial budget request that it makes under
s. 16.42:
440.03(9)(a)
(a) A recalculation of the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under
chs. 440 to
480 and that are included in the budget request.
440.03(9)(b)
(b) A recommended change to each fee specified under
s. 440.05 (1) for an initial credential for which an examination is not required, under
s. 440.05 (2) for a reciprocal credential and under
s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under
s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under
s. 20.165 (1) (i) prior to and during that budget period.
440.03(10)
(10) The department shall study whether continued certification of dietitians by the dietitians affiliated credentialing board, as created by
1993 Wisconsin Act 443, is necessary for the protection of the consumers of dietetic services. The department shall report the results of the study to the legislature under
s. 13.172 (2) by July 1, 1998.
440.03(11)
(11) The department shall cooperate with the department of health and family services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health and family services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under
ss. 448.40 (2) (e) and
455.065 (5).
440.03(12)
(12) The department shall establish a procedure for making a request under
s. 440.08 (2r) to the department of revenue to certify whether a credential holder is liable for delinquent taxes.
