Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.03 (13) (a), Stats., as renumbered and amended by
2003 Wisconsin Act 151, and s. 440.03 (13) (b) and (c), Stats., as created by
2003 Wisconsin Act 151, and interpreting s.
440.03 (13) (a),
(b) and
(c), Stats., will hold a public hearing at the time and place indicated below on the order adopting emergency rules to repeal RL 31.035 (1m) and 31.036 (1m); and to create RL 4.01 (3g), (3r) and (5m), 4.07 and 4.09, relating to criminal background investigations of applicant.
Hearing Date, Time and Location
Date: October 1, 2004
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by October 11, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: s. 227.11 (2), Stats., and s. 440.03 (13) (a), Stats., as renumbered and amended by
2003 Wisconsin Act 151, and s. 440.03 (13) (b) and (c), Stats., as created by
2003 Wisconsin Act 151.
This emergency rule is promulgated pursuant to
2003 Wisconsin Act 151. Act 151 was created in response to federal Public Law 92-544, which required authorization by state statute to continue the FBI's policy of honoring state requests for criminal background reports.
Act 151 modifies the authority of the Department of Regulation and Licensing to conduct criminal background checks of applicants and requires rule-making by the Department to conduct investigations whether an applicant for or holder of any credential issued by the Department has been charged with or convicted of a crime. The emergency rule preserves the ability of the Department to continue its practice of conducting criminal background investigations of applicants and credential holders.
Section
RL 4.01 (3r) creates a definition for “credentialing authority."
Section
RL 4.01 (5m) creates a definition for “investigate."
Section
RL 4.07 authorizes the Department of Regulation and Licensing to continue to conduct investigations to determine whether an applicant for a credential issued by the department, an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential has been charged with or convicted of a crime.
Section
RL 4.09 authorizes the Department of Regulation and Licensing to continue to conduct investigations to determine whether a holder of a credential issued by the department, an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential has been charged with or convicted of a crime.
Sections RL 31.035 (1m) and 31.036 (1m) are repealed, as s. 440.03 (13), Stats., as amended, eliminates the ability of the Department to exempt peace officers from the finger printing requirement for credentialing as a private detective or private security person.
Fiscal Estimate
The promulgation of this rule should produce no significant impact on the private sector. The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
Copies of Rule and Contact Person
Copies of this emergency rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.03 (13) (a), Stats., as renumbered and amended by
2003 Wisconsin Act 151, and s. 440.03 (13) (b) and (c), Stats., as created by
2003 Wisconsin Act 151, and interpreting s.
440.03 (13) (a),
(b) and
(c), Stats., will hold a public hearing at the time and place indicated below to consider an order to repeal RL 31.035 (1m) and 31.036 (1m); and to create RL 4.01 (3g), (3r) and (5m), 4.07, 4.08 and 4.09, relating to criminal background investigations and fingerprinting of applicants.
Hearing Date, Time and Location
Date: October 1, 2004
Time: 9:00 A.M.
Location:
1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by October 11, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making order is being promulgated pursuant to
2003 Wisconsin Act 151.
2003 Wisconsin Act 151 was created in response to federal Public Law 92-544, which required authorization by state statute to continue the Federal Bureau of Investigation's policy of honoring state requests for criminal background reports.
2003 Wisconsin Act 151 modifies the authority of the Department of Regulation and Licensing to conduct criminal background checks of applicants and requires rule-making by the Department to conduct investigations whether an applicant for or holder of any credential issued by the Department has been charged with or convicted of a crime.
SECTION 1 creates definitions for “credential," “credentialing authority" and “investigate."
SECTION 2 creates s.
RL 4.07 to authorize the department to conduct investigations to determine whether an applicant for a credential issued by the department, an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential has been charged with or convicted of a crime.
SECTION 2 creates s.
RL 4.08 to allow the department to require that an applicant be photographed and fingerprinted as part of the credentialing process, if there exists reason to believe that the applicant has failed to accurately describe his or her conviction record.
SECTION 2 also creates s.
RL 4.09 to authorize the department to conduct investigations to determine whether a holder of a credential issued by the department, an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential has been charged with or convicted of a crime. In addition, s.
RL 4.09 establishes that credential holders are required to self-report convictions to the department.
SECTIONS 4 and 5 repeal ss.
RL 31.035 (1m) and
31.036 (1m) to conform to the requirements of
2003 Wisconsin Act 151, which eliminates the ability of the department to exempt peace officers from the fingerprinting requirement for credentialing as a private detective or private security person.
Comparisons of similar rules in adjacent states. For the purposes of this analysis, the statutes and regulations of Illinois, Indiana, Iowa, Michigan and Minnesota were examined to compare regarding criminal background checks requirements associated with licensing for the representative professions of physicians, nurses, real estate appraisers and accountants. In addition, licensing agencies (or boards) in each state were contacted by phone and asked whether their state had any background check requirements.
Generally, requirements for criminal background checks in adjacent states are not codified in statutes or administrative code. In most states, however, applicants do have to respond to questions regarding conviction history on the relevant application form. In Minnesota and Michigan, application forms for real estate appraisers require the applicants to authorize criminal background checks. Illinois has a law [225 ILCS 54/5-23] requiring criminal background checks for nurses with the state police and FBI. If a name check reveals a criminal history, a fingerprint check is required. Via rulemaking, Illinois [Section 1300.20] all initial nurse applicants are subject to fingerprint processing. Illinois also has a statute [Section 225 ILCS 60/9.7] requiring criminal background checks for physicians. The rule [1285.80(e)] implementing this section requires that the Illinois Department of Professional Regulation check criminal backgrounds of endorsement candidates through the Federation of State Medical Boards or Chiropractic Information Network – Board Action Database.
Comparison of federal law. Generally, the federal government does not involve itself in licensure of professions. However, criminal background checks are required pursuant to federal law in related areas. See, for example: P.L.
108-173, Background checks on prospective direct patient access employees for long term care facilities or providers; 42 USCS § 13041 Child care worker employee background checks; and 42 USCS § 5119, Child abuse crime information reporting; See also: 15 USCS § 5902, which requires a criminal record background check for states issuing an initial weapons license to an armored car crew member [referenced by Wis. Stat. §
440.26 (3m) Rules concerning dangerous weapons for private detectives and security personnel.]
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
Private Sector Fiscal Effect
The department has determined that this rule has no significant fiscal effect on the private sector.
Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
