SECTION 8. SPS 6.08 is amended to read:
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.
SECTION 9. SPS 6.09 (1), (2), (4), and (5) are amended to read:
SPS 6.09 (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.
(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 licenseerespondent.
(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.(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.SECTION 10. SPS 6.10 (1) and (3) (a) are amended to read:
SPS 6.10 (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.
(3)(a) An order immediately terminating the summary suspension or limitation.
SECTION 11. SPS 6.11 (1) (intro.) and (2) are amended to read:
SPS 6.11 (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: (2) In matters in which the department is the licensing authority, an administrative law judge employed by the department of administration shall rule on a petition for summary suspension or limitation, issue a summary suspension or limitation order, and preside over and rule in a hearing provided for in s. SPS 6.09. SECTION 12. SPS 8.02 (5) and (6) (e) are repealed.
SECTION 13. SPS 8.03 (2) is repealed.
SECTION 14. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. (END OF TEXT OF RULE)
