PI 34.101
PI 34.101
No probable cause. If the state superintendent determines, based on the investigation under s.
PI 34.100, that there is no probable cause to revoke a license, the state superintendent shall promptly notify the license holder and the complainant that the investigation is concluded and that there is no probable cause for revoking the license.
PI 34.101 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.102(1)(1)
Notice. If the state superintendent determines, based on an investigation under s.
PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:
PI 34.102(1)(a)
(a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following:
PI 34.102(1)(a)3.
3. The licensee's right to request a hearing within 30 days following service of the notice.
PI 34.102(1)(a)4.
4. Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.
PI 34.102(1)(b)
(b) Notify the complainant and, if known, the school board or other public or private educational agency employing the licensee in a position requiring a license of the finding of probable cause and the specific charges.
PI 34.102(2)
(2) Request for a hearing. If the state superintendent issues a notice under sub.
(1), the licensee may serve a written request for a hearing to the state superintendent within 30 days following receipt of the notice. Receipt of the notice is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.
PI 34.102(3)
(3) Answer. Within 10 days following the licensee's written request for a hearing under sub.
(2), the licensee shall provide an answer to the notice issued under sub.
(1). The answer shall contain all of the following:
PI 34.102(3)(a)
(a) State in short and plain terms the defenses to each cause for revocation asserted.
PI 34.102(3)(b)
(b) Set forth affirmatively any matter constituting an affirmative defense.
PI 34.102(3)(c)
(c) Admit or deny each allegation upon which the notice relies as follows:
PI 34.102(3)(c)1.
1. If the licensee is without knowledge or information sufficient to form a belief as to the truth of an allegation, the licensee shall so state and this will have the effect of a denial.
PI 34.102(3)(c)2.
2. The licensee shall make denials as specific denials of designated allegations or paragraphs, but if the licensee intends in good faith to deny only part of an allegation, the licensee shall specify what part of it is true and material and shall deny only the remainder.
PI 34.102(3)(c)3.
3. Specific allegations in the notice are admitted when not specifically denied in the answer.
PI 34.102(4)
(4) Service. The notice of probable cause and intent to revoke may be served by mailing a copy to the last known address of the licensee or by any other procedure under s.
801.14 (2), Stats. A request for hearing may be served by mailing a copy to the state superintendent at the address given on the notice of probable cause and intent to revoke or by any other procedure under s.
801.14 (2), Stats. Service by mail is complete upon mailing.
PI 34.102 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.103(1)(b)
(b) The state superintendent shall deny an application if the applicant has not met the requirements for a license under this chapter or ch.
118, Stats.
PI 34.103(1)(c)
(c) The state superintendent may deny an application if any of the following occur:
PI 34.103(1)(c)2.
2. The applicant had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.
PI 34.103(1)(c)3.
3. The applicant provided false, inaccurate, or incomplete information on an application.
PI 34.103(2)
(2) Notice. If the state superintendent denies an application under sub.
(1), the state superintendent shall provide written notice to the applicant of the decision. The notice shall inform the applicant of the legal and factual basis for denying the application, and that the applicant may request a hearing within 30 days following receipt of the denial. Receipt of the denial is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.
PI 34.103(3)
(3) Request for a hearing. If the state superintendent denies an application under this section, the applicant may request a hearing by serving the state superintendent with a written request containing all of the following:
PI 34.103(3)(b)
(b) The type of license for which the applicant has applied.
PI 34.103(3)(d)
(d) The facts which the applicant intends to prove at the hearing.
PI 34.103(3)(e)
(e) A description of the mistake the applicant believes was made, if the applicant claims that the denial of the license is based on a mistake of fact or law.
PI 34.103(4)
(4) Service. The notice of denial under sub.
(2) may be served by mailing a copy to the last known address of the applicant or by any other procedure under s.
801.14 (2), Stats. The request for a hearing under sub.
(3) may be served by mailing a copy to the state superintendent at the address given on the notice of denial or by any other procedure under s.
801.14 (2), Stats. Service by mail is complete upon mailing.
PI 34.103 History
History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751. PI 34.104
PI 34.104
Request for reinstatement. PI 34.104(1)
(1)
Request. An individual whose license has been revoked may submit to the state superintendent a written request for reinstatement of the license. The request shall include evidence that the individual meets all of the standards under sub.
(2).
PI 34.104(2)
(2) Standard for reinstatement. The state superintendent may grant a request under sub.
(1) if the individual demonstrates by a preponderance of the evidence that all of the following apply:
PI 34.104(2)(b)
(b) Reinstatement will not endanger the health, welfare, safety, or education of any pupil.
PI 34.104(3)
(3) Decision. The state superintendent shall issue a written decision within 60 days of receiving a written request under sub.
(1). If the state superintendent denies the request, the decision shall inform the individual of the legal and factual basis for denying the request, and that the individual may submit a written request for a hearing within 30 days following receipt of the decision. Receipt of the decision is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.
PI 34.104 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.105
PI 34.105
Conduct of hearings. A hearing under this subchapter shall use the following procedures:
PI 34.105(1)(a)
(a) A license denial hearing shall be conducted as a class 1 proceeding under subch.
III of ch. 227, Stats. The hearing shall be conducted within 60 days after the receipt of a request under s.
PI 34.103 (3).
PI 34.105(1)(b)
(b) A license revocation hearing shall be conducted as a class 2 proceeding under subch.
III of ch. 227, Stats. The hearing shall be conducted within 90 days after receipt of a request under s.
PI 34.102 (2).
PI 34.105(2)
(2) Hearing examiner. The state superintendent shall appoint a hearing examiner to preside over a hearing conducted under this subchapter. The hearing examiner shall have the authority described under s.
227.46 (1), Stats.
PI 34.105(3)
(3) Notice of hearing. The state superintendent shall provide the individual requesting a hearing under this subchapter with at least 20 days written notice of the hearing. The notice may be served by mailing a copy to the last known address of the individual. Service by mail is complete upon mailing.
PI 34.105(4)
(4) Discovery. Except for an appeal of a denial under s.
PI 34.103 or a request for reinstatement under s.
PI 34.104, the state superintendent and the applicant or licensee may, prior to the date set for the hearing, conduct discovery as provided under ch.
804, Stats. The hearing examiner may do any of the following:
PI 34.105(4)(a)
(a) Issue protective orders, including orders to terminate or limit examinations.
PI 34.105(4)(d)
(d) Require sanctions as provided under s.
804.12, Stats., or other remedies as appropriate for failure to comply with an order issued under this subsection.
PI 34.105(5)
(5) Motions. All motions, except those made at a hearing, shall be in writing filed with the hearing examiner and a copy served on the opposing party not later than 10 days before the time specified for hearing the motion.
PI 34.105(6)
(6) Witnesses and evidence. The state superintendent and the applicant or licensee shall have the right to do all of the following in a hearing:
PI 34.105(7)
(7) Subpoenas. A party's attorney or the hearing examiner may issue subpoenas for the attendance of any witness at a hearing as provided under s.
227.45 (6m). A subpoena may command a person to produce books, papers, documents, or other tangible things. Witnesses subpoenaed shall be entitled to compensation as provided under ch.
885, Stats.
PI 34.105(8)(a)
(a) If an applicant fails to appear at a license denial hearing, the state superintendent shall dismiss the applicant's request for a hearing.
PI 34.105(8)(b)
(b) If a licensee fails to answer as required under s.
PI 34.102 (3) or fails to appear at the license revocation hearing at the time set by the notice under sub.
(3), the licensee is in default and the state superintendent may make findings and enter an order without a hearing on the basis of the notice of probable cause and intent to revoke and other evidence. Only upon showing of good cause, the state superintendent may relieve the licensee from the effect of such findings and permit the licensee to answer and defend against the notice of probable cause and intent to revoke.
PI 34.105(9)
(9) Briefs. The hearing examiner may require the parties to file briefs.
PI 34.105(10)
(10) Adjournments. The hearing examiner may, for good cause, grant continuances, adjournments, and extensions of time.
PI 34.105(11)(a)
(a) A stenographic, electronic, or other record shall be made of all hearings in which testimony of witnesses is offered as evidence.
PI 34.105(11)(b)
(b) Any party may obtain a written transcript of a hearing conducted under this subchapter by filing a written request with the state superintendent. The state superintendent shall charge a reasonable compensatory fee for the transcript. A party who requests a written transcript for the purposes of appeal and who demonstrates indigence to the satisfaction of the state superintendent may be provided with a copy of the transcript at no expense.
PI 34.105 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.106(1)(1)
Hearing examiner. Following a hearing under s.
PI 34.105, the hearing examiner shall prepare a proposed decision, which includes proposed findings of fact and conclusions of law in a form that may be adopted by the state superintendent as a final decision and order. The hearing examiner shall issue the proposed decision within 60 days following the close of the hearing record.
PI 34.106(2)
(2) Objections. The hearing examiner shall serve the proposed decision on all parties with a notice providing each party an opportunity to file objections and written argument in support of the objections. The written objections and arguments shall be filed with the hearing examiner within 10 days of the date of the proposed decision.
PI 34.106 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.107
PI 34.107
Final decisions. The state superintendent shall issue a final decision within 60 days of receipt of a proposed decision issued under s.
PI 34.106.
PI 34.107 History
History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18. PI 34.108
PI 34.108
Professional standards council. PI 34.108(1)
(1)
Definitions. In this section, “labor organizations” means an association of employee organizations that represents the public policy, labor, and professional interests of teachers.
PI 34.108(2)
(2) Creation. There is created a professional standards council in the department. The state superintendent shall appoint a professional standards council for educator licenses.
PI 34.108(3)
(3) Members. The professional standards council shall consist of the following members, nominated by the state superintendent of public instruction and with the advice and consent of the senate appointed:
PI 34.108(3)(a)
(a) Two persons licensed and actively employed as elementary school teachers in the public schools, recommended by the largest statewide labor organization representing teachers.
PI 34.108(3)(b)
(b) Two persons licensed and actively employed as middle school, junior high school or senior high school teachers in the public schools, recommended by the largest statewide labor organization representing teachers.
PI 34.108(3)(c)
(c) Two persons licensed and actively employed as pupil services professionals, as defined in s.
118.257 (1) (c), Stats., in the public schools, recommended by the largest statewide labor organization representing teachers.
PI 34.108(3)(d)
(d) One person licensed and actively employed as a special education teacher in the public schools, recommended by the largest statewide labor organization representing teachers.
PI 34.108(3)(e)
(e) Two other persons licensed and actively employed as teachers in the public schools, recommended by the largest statewide labor organization representing teachers.
PI 34.108(3)(f)
(f) One person licensed as a teacher and actively employed in a private school, recommended by the Wisconsin council of religious and independent schools.
