Register February 2020 No. 770
Chapter SPS 6
SUMMARY SUSPENSIONS AND LIMITATIONS
SPS 6.01 Authority and intent.
SPS 6.04 Petition for summary suspension or limitation.
SPS 6.05 Notice of petition to respondent.
SPS 6.06 Issuance of summary suspension or limitation order.
SPS 6.07 Contents of summary suspension or limitation order.
SPS 6.08 Service of summary suspension or limitation order.
SPS 6.09 Hearing to show cause.
SPS 6.10 Commencement of disciplinary proceeding.
SPS 6.01(2)
(2) The intent of the department in creating this chapter is to specify uniform procedures for summary suspension or limitation of licenses, permits, certificates or registrations issued by the department or any board attached to the department in circumstances where the public health, safety or welfare imperatively requires emergency action.
SPS 6.01 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88;
CR 19-114: am. (2) Register February 2020 No. 770, eff. 3-1-20.
SPS 6.02
SPS 6.02
Scope. This chapter governs procedures in all summary suspension or limitation proceedings against licensees before the department or any board attached to the department. To the extent that this chapter is not in conflict with s.
448.02 (4), Stats., the chapter shall also apply in proceedings brought under that section.
SPS 6.03
SPS 6.03
Definitions. In this chapter:
SPS 6.03(1)
(1) “Board" means the bingo control board, real estate board or any examining board attached to the department.
SPS 6.03(2)
(2) “Department" means the department of safety and professional services.
SPS 6.03(3)
(3) “Disciplinary proceeding" means a proceeding against one or more licensees in which a licensing authority may determine to revoke or suspend a license, to reprimand a licensee, or to limit a license.
SPS 6.03(4)
(4) “License" means any license, permit, certificate, or registration granted by a board or the department or a right to renew a license, permit, certificate or registration granted by a board or the department.
SPS 6.03(5)
(5) “Licensee" means a person, partnership, corporation or association holding any license.
SPS 6.03(6)
(6) “Licensing authority" means the bingo control board, real estate board or any examining board attached to the department, the department for licenses granted by the department, or one acting under a board's or the department's delegation under s.
SPS 6.11.
SPS 6.03(7)
(7) “Petitioner" means the division of legal services and compliance in the department.
SPS 6.03(8)
(8) “Respondent" means a licensee who is named as respondent in a petition for summary suspension or limitation.
SPS 6.03 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88; correction in (2), (6) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register November 2011 No. 671;
CR 14-019: am. (7)
Register August 2014 No. 704, eff. 9-1-14
; CR 19-114: am. (8) Register February 2020 No. 770, eff. 3-1-20.
SPS 6.04
SPS 6.04
Petition for summary suspension or limitation. SPS 6.04(1)(1)
A petition for a summary suspension or limitation shall state the name and position
of the person representing the petitioner, the address of the petitioner, the name and licensure status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license.
SPS 6.04(2)
(2) A petition for a summary suspension or limitation order shall be signed upon oath
by the person representing the petitioner and may be made on information and
belief.
SPS 6.04(3)
(3) The petition shall be presented to the appropriate licensing authority.
SPS 6.04 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88;
CR 19-114: am. (title), (1), (2) Register February 2020 No. 770, eff. 3-1-20.
SPS 6.05
SPS 6.05
Notice of petition to respondent. Prior to the presenting of the petition, the petitioner shall give notice to the respondent or respondent's attorney of the time and place when the petition will be presented to the licensing authority. Notice may be given by mailing a copy of the petition and notice to the last-known address of the respondent as indicated in the records of the licensing authority as provided in s.
440.11 (2), Stats., as created by
1987 Wis. Act 27. Notice by mail is complete upon mailing. Notice may also be given by any procedure described in s.
801.11, Stats.
SPS 6.05 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88.
SPS 6.06
SPS 6.06
Issuance of summary suspension or limitation order. SPS 6.06(1)(1)
If the licensing authority finds that notice has been given under s.
SPS 6.05 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license, the licensing authority may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s.
SPS 2.04.
SPS 6.06(2)
(2) The petitioner may establish probable cause under sub.
(1) by affidavit or other evidence.
SPS 6.06(3)
(3) The summary suspension or limitation order shall be effective upon service under s.
SPS 6.08, or upon actual notice of the summary suspension or limitation order to the respondent or respondent's attorney, whichever is sooner, and continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the license is restored or the limitation is lifted under s.
SPS 6.09 prior to a formal disciplinary hearing, or the disciplinary proceeding is otherwise terminated under s.
SPS 6.10 (1) or
(3) (a).
SPS 6.06 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 19-114: am. (title), (1), (3) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register February 2020 No. 770. SPS 6.07
SPS 6.07
Contents of summary suspension or limitation order. The summary suspension or limitation order shall include all of the following:
SPS 6.07(1)
(1) A statement that the suspension or limitation order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the licensing authority.
SPS 6.07(2)
(2) Notification of the respondent's right to request a hearing to show cause why the summary suspension or limitation order should not be continued.
SPS 6.07(3)
(3) The name and address of the licensing authority with whom a request for hearing should be filed.
SPS 6.07(4)
(4) Notification that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the licensing authority of respondent's request for hearing, unless a later time is requested by or agreed to by the respondent.
SPS 6.07(5)
(5) The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order.
SPS 6.07(6)
(6) The manner in which the respondent or the respondent's attorney was notified of the petition for summary suspension or limitation.
SPS 6.07(7)
(7) A finding that the public health, safety or welfare imperatively requires
emergency suspension or limitation of the respondent's license.
SPS 6.07 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88;
CR 19-114: am. (title), (intro.), (1), (2), (5), (6), (7) Register February 2020 No. 770, eff. 3-1-20; correction in (intro.), (3), (4), (6) made under s. 35.17, Stats., Register February 2020. SPS 6.08
SPS 6.08
Service of summary suspension or limitation order. An order of summary suspension or limitation shall be served upon the respondent by mail.
SPS 6.09
SPS 6.09
Hearing to show cause. SPS 6.09(1)(1)
The respondent shall have the right to request a hearing to show cause why the summary suspension or limitation order should not be continued until the effective date of the final decision and order in the disciplinary action against the respondent.
SPS 6.09(2)
(2) The request for hearing to show cause shall be filed with the licensing authority which issued the summary suspension or limitation order. The hearing shall be scheduled and heard promptly by the licensing authority or its delegate, but no later than 20 days after the filing of the request for hearing with the licensing authority, unless a later time is requested by or agreed to by the respondent.
SPS 6.09(3)
(3) At the hearing to show cause the petitioner and the respondent may testify, call, examine and cross-examine witnesses, and offer other evidence. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch.
804, Stats., with respect to witnesses described in s.
227.45 (7) (a) to
(d), Stats. A respondent may inspect records under s.
19.35, Stats., the public records law.
SPS 6.09(4)
(4) At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension or limitation order should be continued.
SPS 6.09(5)
(5) Immediately upon conclusion of the hearing to show cause the licensing authority or its delegate shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended license shall be immediately restored, and any limitation shall be lifted.
SPS 6.09 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88;
CR 14-019: am. (2), (3), (5)
Register August 2014 No. 704, eff. 9-1-14;
CR 19-114: am. (1), (2), (4), (5) Register February 2020 No. 770, eff. 3-1-20. SPS 6.10
SPS 6.10
Commencement of disciplinary proceeding. SPS 6.10(1)(1)
A notice of hearing commencing a disciplinary proceeding under s.
SPS 2.06 against the respondent shall be issued no later than 10 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse on the tenth day following issuance of the summary suspension or limitation order. The formal disciplinary proceeding shall be determined promptly.
SPS 6.10(2)
(2) If at any time the disciplinary proceeding is not advancing with reasonable promptness, the respondent may make a motion to the hearing officer or may directly petition the appropriate board, or the department, for an order granting relief.
SPS 6.10(3)
(3) If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent's counsel, a remedy, as would be just, shall be granted including:
SPS 6.10(3)(a)
(a) An order immediately terminating the summary suspension or limitation.
SPS 6.10(3)(b)
(b) An order compelling that the disciplinary proceeding be held and determined by a specific date.
SPS 6.10 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 19-114: am. (1), (3) (a) Register February 2020 No. 770, eff. 3-1-20. SPS 6.11(1)(1)
A board may by two-thirds vote delegate authority to rule on a petition for summary suspension or limitation, to issue a summary suspension or limitation order, and to preside over and rule in a hearing provided for in s.
SPS 6.09 through one of the following methods:
