AB651-ASA2,49,1419
(f)
Hearings. A hearing requested under par. (d) 6. shall be conducted before
20the circuit court rendering the order to pay support. Within 45 business days after
21receiving a request for hearing under par. (d) 6., the court shall conduct the hearing.
22The family court commissioner may conduct the hearing. The hearing shall be
23limited to a review of whether the account holder owes the amount of support
24certified and whether any alternative payment arrangement offered by the
25department or the county child support agency is reasonable. If the court or family
1court commissioner makes a written determination that an alternative payment
2arrangement offered by the department or county child support agency is not
3reasonable, the court or family court commissioner may order an alternative
4payment arrangement. If the court or family court commissioner orders an
5alternative payment arrangement, the court or family court commissioner shall
6order the department to release all or a portion of the funds. If the court or family
7court commissioner determines that the account holder does not owe support or owes
8less than the amount claimed by the department, the court shall order the
9department to return the seized funds or the excess of the seized funds over the
10amount of the delinquency to the account holder. If a family court commissioner
11conducts the hearing under this paragraph, the department or the obligor may,
12within 15 business days after the date that the family court commissioner makes his
13or her decision, request review of the decision by the court with jurisdiction over the
14action.
AB651-ASA2,49,24
15(6) Levying against other personal property. (a)
When notice of seizure
16required. If the department has enforced a lien under this section by levying against
17personal property, the department shall immediately notify the obligor that the
18property has been seized. The department shall provide the notice of seizure under
19this paragraph to any person having an ownership interest in the property or any
20other person with an interest of record in the property. If the property is titled, the
21department shall also send a copy of the notice of seizure to the state agency that
22titles the property. A state agency receiving a notice under this paragraph may not
23transfer title to the personal property described in the notice, except on the
24instructions of a court or the department.
AB651-ASA2,50,2
1(b)
Content of notice of seizure. The notice provided under par. (a) shall include
2all of the following:
AB651-ASA2,50,33
1. The name of the obligor and the amount of the support owed.
AB651-ASA2,50,44
2. A description of the personal property seized.
AB651-ASA2,50,75
3. A statement that the obligor may, within 20 business days after the date of
6the notice, request a hearing on the questions of whether past-due support is owed
7and whether the property was wrongfully seized.
AB651-ASA2,50,118
3m. A statement that a person, other than the obligor, who holds the personal
9property jointly with the obligor may request a hearing within 20 business days after
10the date of the notice, to protect the portion of the jointly held personal property that
11is attributable to his or her net contributions to the jointly held personal property.
AB651-ASA2,50,1412
4. A statement that the hearing may be requested by submitting the request
13in writing and by mailing or delivering a copy of the request to the county child
14support agency.
AB651-ASA2,51,1415
(c)
Hearing. If a hearing is requested under par. (b) 4., the court or family court
16commissioner shall schedule a hearing within 10 business days after receiving the
17request under par. (b) 4. The hearing shall be limited to a review of whether the
18obligor owes the amount of support owed that is stated in the notice of seizure and
19whether any alternative payment arrangement offered by the department or the
20county child support agency is reasonable. If the court or family court commissioner
21makes a written determination that an alternative payment arrangement offered by
22the department or county child support agency is not reasonable, the court or family
23court commissioner may order an alternative payment arrangement. If the court or
24family court commissioner orders an alternative payment arrangement, the court or
25family court commissioner shall order the department to return the seized property
1within 15 business days. If the court or family court commissioner determines that
2the obligor does not owe support or owes less than the amount claimed by the
3department, the court shall order the department to return the seized property
4within 15 business days or specify the amount which may be retained by the
5department after the sale of the seized property. If a family court commissioner
6conducts the hearing under this paragraph, the department or the obligor may,
7within 15 business days after the date that the family court commissioner makes his
8or her decision, request review of the decision by the court with jurisdiction over the
9action. The court reviewing the decision may order the department to return the
10seized property or may authorize the sale of the property by the department. If the
11department is ordered to return seized property under this paragraph, the court
12shall instruct any state agency responsible for titling the property that it may
13transfer title to the property without receiving instructions from a court or the
14department under par. (a).
AB651-ASA2,51,1815
(d)
Notice of sale. As soon as practicable after seizing the personal property and
16after any requested hearings are conducted under par. (c), the department shall send
17a notice to the obligor indicating when and where the property will be sold. The
18department shall publish or post the time and date of sale.
AB651-ASA2,51,2419
(e)
Redemption. At any time after receiving the notice of sale under par. (d),
20but before the property is sold, the obligor may redeem the property by arranging for
21the payment of total past-due support owed together with any levy fees and costs
22under sub. (11). If the obligor redeems the property, the department shall instruct
23the titling agency that the agency may transfer title to the property without receiving
24instructions from a court or the department under par. (a).
AB651-ASA2,52,6
1(f)
Sale. The date of sale must be no more than 60 days after the date of the
2notice of sale under par. (d). The department shall give the purchaser of property
3under this paragraph a certificate of sale upon payment in full of the purchase price.
4If the property seized and sold is titled property, the department shall direct the state
5agency that titled the property to transfer the title of the property to the purchaser
6of the property.
AB651-ASA2,52,14
7(7) Levying against real property. (a)
When notice of intent to levy required.
8To enforce a lien under this section by levying against real property, the department
9shall provide the obligor and all owners of the real property with a notice of intent
10to levy under par. (b) 1. A copy of the notice under par. (b) 1. shall be provided to the
11register of deeds in the county where the real property is located. A register of deeds
12receiving a notice of intent to levy under this paragraph shall file the notice of intent
13to levy. The department shall provide a notice of intent to levy under par. (b) 2. to
14any person having an interest of record in the real property.
AB651-ASA2,52,1715
(b)
Content of notice of intent. 1. The notice provided under par. (a) to the
16obligor, to owners of the property and to the register of deeds shall include all of the
17following:
AB651-ASA2,52,1818
a. The name of the obligor and the amount of the support owed.
AB651-ASA2,52,2019
b. A description of the real property against which the department intends to
20levy.
AB651-ASA2,52,2221
c. A statement that the obligor may, within 20 business days after the date of
22the notice, request a hearing on the question of whether past-due support is owed.
AB651-ASA2,53,223
d. A statement that a person, other than the obligor, who holds the real property
24jointly with the obligor may request a hearing within 20 business days after the date
1of the notice, to protect the portion of the jointly held real property that is
2attributable to his or her net contributions to the jointly held real property.
AB651-ASA2,53,53
e. A statement that the hearing may be requested by submitting the request
4in writing and by mailing or delivering a copy of the request to the county child
5support agency.
AB651-ASA2,53,106
2. In addition to the information included under subd. 1. a. to c., the notice
7provided under par. (a) to a person having an interest of record in the real property
8shall include a request that the interest holder notify the department, within 10
9business days after receiving the notice, of the amount and nature of the person's
10interest in the property.
AB651-ASA2,54,611
(c)
Hearing. If a hearing is requested under par. (b) 1. c., the court or family
12court commissioner shall schedule a hearing within 10 business days after receiving
13the request under par. (b) 1. c. The hearing shall be limited to a review of whether
14the obligor owes the amount of support owed that is stated in the notice of intent
15under par. (b) and whether any alternative payment arrangement offered by the
16department or the county child support agency is reasonable. If the court or family
17court commissioner makes a written determination that an alternative payment
18arrangement offered by the department or county child support agency is not
19reasonable, the court or family court commissioner may order an alternative
20payment arrangement. If the court or family court commissioner orders an
21alternative payment arrangement, the court or family court commissioner shall
22order the department not to proceed with the levy. If the court or family court
23commissioner determines that the obligor does not owe support or owes less than the
24amount claimed by the department, the court shall order the department not to
25proceed with the levy or specify the amount that may be retained by the department
1after the sale of the seized property. If a family court commissioner conducts the
2hearing under this paragraph, the department or the obligor may, within 15 business
3days after the date that the family court commissioner makes his or her decision,
4request review of the decision by the court with jurisdiction over the action. The
5court reviewing the decision may order the department not to proceed with the levy
6of the property or may authorize the sale of the property by the department.
AB651-ASA2,54,207
(d)
Final notice. Unless the department has been directed not to proceed with
8the levy in a hearing under par. (c) or unless the support owed and any levy fees and
9costs under sub. (11) have been paid, the department may send to the obligor a final
10notice of intent to seize and sell the property. The final notice may not be sent until
1120 business days after the date of the notice of intent to levy under par. (a) or after
12any requested hearings under par. (c) have been completed. The final notice shall
13include a date by which the obligor must vacate the premises and a date on which
14the property will be sold, unless the obligor pays the support owed and any levy fees
15and costs under sub. (11). The date in the notice by which the obligor must vacate
16the premises must be at least 60 days after the date that the final notice is sent and
17the date of sale must be at least 90 days after the date that the final notice is sent.
18The department shall provide a copy of any final notice under this paragraph to the
19register of deeds in the county where the real property is located. A register of deeds
20receiving a final notice under this paragraph shall file the final notice.
AB651-ASA2,54,2421
(e)
Sale. The department may issue an execution on any real property seized
22under this subsection to enforce a lien contained in the statewide support lien docket.
23The execution shall be made in accordance with the provisions of ch. 815, except as
24follows:
AB651-ASA2,55,3
11. In issuing the execution pursuant to s. 815.05, the department, rather than
2the court, shall issue the execution and the execution need not be signed by the clerk
3of circuit court where the judgment is filed.
AB651-ASA2,55,54
2. The execution shall be made returnable to the department, rather than to
5the court.
AB651-ASA2,56,2
6(7m) Jointly held property. A person, other than the obligor, who holds a joint
7interest in property levied against under this section may request a hearing, as
8provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
9of the value of the property that is attributable to his or her net contribution to the
10property. If a hearing is requested under this subsection, the court or family court
11commissioner shall schedule a hearing within 10 days after receiving the request.
12The hearing shall be limited to determining the proportion of the value of the
13property that is attributable to the person's net contribution to the property. If more
14than one person requests a hearing under this subsection, or if the obligor requests
15a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same property, the
16court or family court commissioner may schedule the hearings together. The person
17requesting the hearing shall have the burden of proving his or her net contribution
18by clear and convincing evidence. If the court determines that a portion of the jointly
19held property is attributable to the contributions of the person, the court shall direct
20the department or the county child support agency to pay the person, from the net
21balance of the jointly held account or the net proceeds of the sale of the jointly held
22real or personal property, the proportion of the gross value of the account or real or
23personal property that is attributable to that person. If the family court
24commissioner conducts the hearing under this subsection, the person may, within 15
1business days after the date that the family court commissioner makes his or her
2decision, request review of the decision by the court with jurisdiction over the action.
AB651-ASA2,56,9
3(8) Duties to surrender; generally. Any person in possession of or obligated
4with respect to property or rights to property that is subject to levy under this section
5and upon which a levy has been made shall, upon demand of the department,
6surrender the property or rights or discharge the obligation to the department,
7except that part of the property or rights that is, at the time of the demand, subject
8to any prior attachment, execution under any judicial process, claim of ownership,
9lease or month-to-month tenancy.
AB651-ASA2,56,12
10(9) Notice. Any notice required to be provided under this section may be
11provided by sending the notice by regular mail to the last-known address of the
12person to whom notice is to be sent.
AB651-ASA2,56,15
13(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
14fee of $5 for each levy in any case where property is secured through the levy. The
153rd party shall deduct the fee from the proceeds of the levy.
AB651-ASA2,56,2116
(b)
The department. The department may assess a collection fee to recover the
17department's costs incurred in levying against property under this section. The
18department shall determine its costs to be paid in all cases of levy. The obligor is
19liable to the department for the amount of the collection fee authorized under this
20paragraph. Fees collected under this paragraph shall be credited to the
21appropriation account under s. 20.445 (1) (L).
AB651-ASA2,56,25
22(12) Priorities and use of proceeds. (a)
Priorities. A lien under this section
23has the same priority, from the date that the lien is effective, as a judgment docketed
24under s. 806.15. The lien is effective for a period of 5 years from the date the lien
25becomes effective.
AB651-ASA2,57,4
1(b)
Use of proceeds. After paying any liens on a property that have priority over
2a lien under this section, the department shall apply all proceeds from a sale of that
3property under this section first against the support in respect to which the levy was
4made and then against levy fees and costs under sub. (11).
AB651-ASA2,57,75
(c)
Refunds or credits. The department may refund or credit any amount left
6after the applications under par. (a), upon submission of a claim therefor and
7satisfactory proof of the claim, to the person entitled to that amount.
AB651-ASA2,57,11
8(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
9The department may release the levy upon all or part of property levied upon to
10facilitate the collection of the liability or to grant relief from a wrongful levy, but that
11release does not prevent any later levy.
AB651-ASA2,57,1512
(b)
Settlement. If the obligor enters in to an alternative payment arrangement
13in accordance with guidelines established under s. 49.858 (2) (a), the department
14shall suspend all actions to enforce a lien under this section as long as the obligor
15remains in compliance with the alternative payment arrangement.
AB651-ASA2,57,19
16(14) Wrongful levy. If the department determines that property has been
17wrongfully levied upon, the department may return the property at any time, or may
18return an amount of money equal to the amount of money, or value of the property,
19levied upon.
AB651-ASA2,58,10
20(15) Actions against this state. (a)
Commencement of actions. If the
21department has levied upon property, any person, other than the obligor who is liable
22to pay the support out of which the levy arose, who claims an interest in or lien on
23that property and claims that that property was wrongfully levied upon may bring
24a civil action against the state in the circuit court for Dane County. If the county child
25support agency has levied upon property pursuant to delegated authority under sub.
1(17), any person, other than the obligor who is liable to pay the support out of which
2the levy arose, who claims an interest in or lien on that property and claims that that
3property was wrongfully levied upon may bring a civil action against the county child
4support agency in the circuit court for the county where the court order for the
5payment of support, upon which the seizure is based, was first entered or last
6modified. That action may be brought whether or not that property has been
7surrendered to the department or the county child support agency. The court may
8grant only the relief under par. (b). No other action to question the validity of or
9restrain or enjoin a levy by the department or a county child support agency may be
10maintained.
AB651-ASA2,58,1811
(b)
Remedies. In an action under par. (a), prior to the sale of the property, if the
12court determines that property has been improperly levied upon, the court may
13enjoin the enforcement of the levy and order the return of the property, or may grant
14a judgment for the amount of money obtained by levy. The court may also order relief
15necessary to protect the interests of owners of the property, other than the obligor,
16including, when appropriate, partition of the property. After the sale of the property,
17if the court determines that the property has been wrongfully levied upon, it may
18grant a judgment for the amount of money obtained by levy.
AB651-ASA2,58,2119
(c)
Validity of determination. For purposes of an adjudication under this
20subsection, there is a rebuttable presumption that the support obligation upon which
21the lien is based is valid.
AB651-ASA2,59,3
22(17) Delegation and power to contract. The department may delegate any
23duties or powers given to the department under this section to county child support
24agencies, except that the department must approve the initiation of any levy
25proceedings under sub. (7). The department shall promulgate rules prohibiting a
1county child support agency from using the powers delegated under this subsection
2to enforce a child support lien, if the value of the property that is subject to the lien
3is below the dollar amount specified in the rules.
AB651-ASA2,59,5
4(18) Preservation of remedies. The availability of the remedies under this
5section does not abridge the right of the department to pursue other remedies.
AB651-ASA2,59,7
749.856 Notification of delinquent payments. (1) In this section:
AB651-ASA2,59,88
(a) "Agency" means the county child support agency under s. 59.53 (5).
AB651-ASA2,59,99
(b) "Department" means the department of workforce development.
AB651-ASA2,59,1410
(c) "Obligor" means a person who owes a delinquent child support, family
11support or maintenance payment or who owes an outstanding amount that has been
12ordered by a court for past support, medical expenses or birth expenses and that
13delinquent payment or outstanding amount is specified in the statewide support lien
14docket under s. 49.854 (2) (b).
AB651-ASA2,60,2
15(2) If an obligor receives a judgment against another person or has settled a
16lawsuit against another person that provides for the payment of money, the
17department or agency may send a notice to any person who is ordered to pay the
18judgment, who has agreed to the settlement or who holds the amount of the judgment
19or settlement in trust. The notice shall inform the person that the amount of the
20judgment or settlement due the obligor is subject to a lien by the department for the
21payment of the delinquent payment or outstanding amount specified in the
22statewide support lien docket under s. 49.854 (2) (b). The notification shall include
23the name and address of the obligor and the total amount specified in the statewide
24support lien docket under s. 49.854 (2) (b). Upon receipt of a notification, the person
25receiving the notification shall withhold an amount equal to the amount specified in
1the statewide support lien docket under s. 49.854 (2) (b) before making any payment
2under the judgment or pursuant to the settlement.
AB651-ASA2,60,5
3(3) When the department or agency notifies a person under sub. (2), the
4department or agency shall send a notice to the last-known address of the obligor.
5The notice shall do all of the following:
AB651-ASA2,60,106
(a) Inform the obligor that the department or agency notified the person who
7owes money to the obligor or who holds money in trust for the obligor under a
8judgment or pursuant to a settlement to withhold the amount that was specified in
9the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment
10that may be paid to the obligor as a result of the judgment or settlement.
AB651-ASA2,60,1411
(b) Inform the obligor that he or she may request a hearing before the circuit
12court that rendered the order to pay support, maintenance, medical expenses or birth
13expenses within 20 business days after receipt of this notice. The request shall be
14in writing and the obligor shall mail or deliver a copy of the request to the agency.
AB651-ASA2,60,1815
(c) Inform the obligor that if a hearing is requested under par. (b) the
16department or agency will not require the person withholding the amount to send the
17amount to that department or agency until a final decision is issued in response to
18the request for a hearing.
AB651-ASA2,60,2019
(d) Request that the obligor inform the department or agency if a bankruptcy
20stay is in effect with respect to the obligor.
AB651-ASA2,60,25
21(4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall
22schedule a hearing within 10 business days after receiving the request. The only
23issue at the hearing shall be whether the person owes the delinquent payment or
24outstanding amount specified in the statewide support lien docket under s. 49.854
25(2) (b). A family court commissioner may conduct the hearing.
AB651-ASA2,61,15
1(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
2equal to the amount specified in the statewide support lien docket under s. 49.854
3(2) (b), on any lump sum payment resulting from a judgment or settlement that may
4be due the obligor. The department or agency shall notify the person who received
5the notification under sub. (2) that the obligor has not requested a hearing or, if he
6or she has requested a hearing, of the results of that hearing, and of the
7responsibilities of the person who received the notification under sub. (2), including
8the requirement to submit the amount specified in the statewide support lien docket
9under s. 49.854 (2) (b). Use of the procedures under this section does not prohibit the
10department or agency from attempting to recover the amount specified in the
11statewide support lien docket under s. 49.854 (2) (b) through other legal means. The
12department or agency shall promptly notify any person who receives notification
13under sub. (2) if the amount specified in the statewide support lien docket under s.
1449.854 (2) (b) has been recovered by some other means and no longer must be
15withheld from the judgment or settlement under this section.
AB651-ASA2,61,22
16(6) After receipt of notification by a person under sub. (2) and before receipt of
17notice from the department under sub. (5) that the amount specified in the statewide
18support lien docket under s. 49.854 (2) (b) has been otherwise recovered, no release
19of any judgment, claim or demand by the obligor shall be valid as against a lien
20created under sub. (5), and the person making any payment to the obligor to satisfy
21the judgment or settlement shall remain liable to the department for the amount of
22the lien.
AB651-ASA2,61,25
2449.857 Administrative enforcement of support; denial, nonrenewal,
25restriction and suspension of licenses. (1) In this section:
AB651-ASA2,62,2
1(a) "Child support agency" means a county child support agency under s. 59.53
2(5).
AB651-ASA2,62,43
(b) "Credential" means a license, permit, certificate or registration that is
4granted under chs. 440 to 480.
AB651-ASA2,62,75
(c) "Credentialing board" means a board, examining board or affiliated
6credentialing board in the department of regulation and licensing that grants a
7credential.
AB651-ASA2,62,88
(d) "License" means any of the following:
AB651-ASA2,62,99
1. A license issued under s. 13.63 or a registration issued under s. 13.64.
AB651-ASA2,62,1010
2. An approval specified in s. 29.09 (11m).
AB651-ASA2,62,1111
2m. A fishing approval issued under s. 29.138.
AB651-ASA2,62,1212
3. A license issued under s. 48.66 (1).
AB651-ASA2,62,1613
4. A certification, license, training permit, registration, approval or certificate
14issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
15252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
16(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB651-ASA2,62,1717
5. A business tax registration certificate issued under s. 73.03 (50).
AB651-ASA2,62,1918
6. A license, registration, registration certificate or certification specified in s.
1993.135 (1).
AB651-ASA2,62,2120
7. A license, permit or certificate of certification or registration specified in s.
21101.02 (21) (a).
AB651-ASA2,62,2222
8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.
AB651-ASA2,62,2323
10. A certificate issued under s. 103.275, 103.91 or 103.92.
AB651-ASA2,62,2424
11. A license or permit issued under chs. 115 and 118.
AB651-ASA2,63,2
112. A license or certificate of registration issued under s. 138.09, 138.12, 217.06,
2218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.
AB651-ASA2,63,33
13. A permit issued under s. 170.12.
AB651-ASA2,63,44
14. A certification under s. 165.85.
AB651-ASA2,63,65
15. A license, permit or registration issued under s. 218.01, 218.11, 218.12,
6218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.
AB651-ASA2,63,77
16. A license, registration or certification specified in s. 299.08 (1) (a).
AB651-ASA2,63,98
17. A license issued under ch. 343 or, with respect to restriction, limitation or
9suspension, an individual's operating privilege, as defined in s. 340.01 (40).
AB651-ASA2,63,1010
18. A credential.
AB651-ASA2,63,1111
19. A license issued under s. 563.24 or ch. 562.
AB651-ASA2,63,1312
20. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary
13license issued under s. 628.09.
AB651-ASA2,63,1414
21. A license to practice law.
AB651-ASA2,63,1715
(e) "Licensing agency" means a board, office or commissioner, department or
16division within a department that grants or issues a license, but does not include a
17credentialing board.
AB651-ASA2,63,1918
(em) "Licensing authority" means the supreme court or the Lac du Flambeau
19band of the Lake Superior Chippewa.
AB651-ASA2,63,2220
(f) "Subpoena or warrant" means a subpoena or warrant issued by the
21department of workforce development or a child support agency and relating to
22paternity or support proceedings.
AB651-ASA2,63,2423
(g) "Support" means child or family support, maintenance, birth expenses,
24medical expenses or other expenses related to the support of a child or former spouse.
AB651-ASA2,64,8
1(2) (a) The department of workforce development shall establish a system, in
2accordance with federal law, under which a licensing authority is requested, and a
3licensing agency or credentialing board is required, to restrict, limit, suspend,
4withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license in
5a timely manner upon certification by and in cooperation with the department of
6workforce development, if the individual holding or applying for the license is
7delinquent in making court-ordered payments of support or fails to comply, after
8appropriate notice, with a subpoena or warrant.
AB651-ASA2,64,129
(b) Under the system, the department of workforce development shall enter
10into a memorandum of understanding with a licensing authority, if the licensing
11authority agrees, and with a licensing agency. A memorandum of understanding
12under this paragraph shall address at least all of the following:
AB651-ASA2,64,2513
1. The circumstances under which the licensing authority or the licensing
14agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse
15to renew or revalidate a license and guidelines for determining the appropriate
16action to take. The memorandum of understanding with the department of
17regulation and licensing shall include the circumstances under which the
18department of regulation and licensing shall direct a credentialing board to restrict,
19limit, suspend, withhold, deny or refuse to grant a credential and guidelines for
20determining the appropriate action to take. The guidelines under this subdivision
21for determining the appropriate action to take shall require the consideration of
22whether the action is likely to have an adverse effect on public health, safety or
23welfare or on the environment, and of whether the action is likely to adversely affect
24individuals other than the individual holding or applying for the license, such as
25employes of that individual.