SPS 305.03 Note
Note: Many of the rules relating to credentials reflect specific statutory requirements; in such cases the department is not able to grant a petition for variance if it would supersede a statutory requirement.
SPS 305.03 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.04(1)(1)
An application for a license, certification, registration, or enrollment covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the license, certification, registration, or enrollment.
SPS 305.04 Note
Note: Pursuant to s.
227.116, Stats., the failure by the department to make a determination on an application results in the department having to prepare and file a report with the permit information center of the department. The failure by the department to make a determination on an application does not relieve a person from the obligation to comply with the requirements or qualifications of the license, certification, registration, or enrollment or to secure the license, certification, registration, or enrollment.
SPS 305.04(2)(a)(a) If the license, certification, registration, or enrollment application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application.
SPS 305.04(2)(b)
(b) If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.
SPS 305.04 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2) (a),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 16-093: am. (1), (2) (a)
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.05(1)(1)
Unless otherwise provided by law, all orders, notices and other papers may be served by the department by first class mail at the address on file with the department.
SPS 305.05(2)
(2) A license, certification, registration, or enrollment holder shall be responsible for notifying the department of any change in mailing address.
SPS 305.05 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (2),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 16-093: am. (2)
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.06(1)(1)
A license, certification, registration, or enrollment issued under this chapter shall be valid for a period of time no longer than that specified in Table 305.06.
SPS 305.06(2)
(2) A license, certification, registration, or enrollment issued under this chapter shall expire at midnight on the day or date of expiration of the term specified in Table 305.06.
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See PDF for table 
SPS 305.06 Note* Authority for terms under Table 305.06 lines 46 and 47 was transferred to the Department of Natural Resources (DNR) under
2013 Wis. Act 20, s.
9138 (7) (f). Table 305.06 lines 46 and 47 are subject to future rulemaking by DNR. See also ss.
SPS 305.80 and
305.81.
SPS 305.06 Note** Authority for terms under Table 305.06 lines 42 and 48 to 54r was transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) under
2013 Wis. Act 20, s.
9138 (3) (fm) and (4) (f). Table 305.06 lines 42 and 48 to 54r are subject to future rulemaking by DATCP. See also ss.
SPS 305.68 and
305.82 to
305.89.
SPS 305.06 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. Table, line 36,
Register, January, 1998, No. 505, eff. 2-1-98; renum. lines 11 to 63 to 12 to 64 and am. line 21 and 39, cr. line 11,
Register, March, 1998, No. 507, eff. 4-1-98; am.
Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.06 line 17 eff. 7-1-00;
CR 00-159: renum. Table 5.06, lines 37 to 65 to be 38 to 66, cr. line 37,
Register September 2001 No. 549 eff. 10-1-01;
CR 03-075: am. (2) and Table 5.06
Register June 2004 No. 582, eff. 8-1-04;
CR 04-134: cr. lines 11e, 11m and 11s of Table 5.06
Register June 2005 No. 594, eff. 7-1-05;
CR 05-025: am. Table 5.06 lines 28 and 29
Register October 2005 No. 598, eff. 11-1-05;
CR 06-031: am. Table 5.06
Register October 2006 No. 610, eff. 11-1-06;
CR 06-071: cr. line 11w
Register November 2006 No. 611, eff. 12-1-06;
CR 07-007: am. lines 9. and 10., cr. line 9m. of Table 5.06
Register August 2007 No. 620, eff. 9-1-07;
CR 06-127: am. Table 5.06 Lines 42 and 49 to 53, cr. Table 5.06 Lines 54g and 54r,
Register September 2007 No. 621, eff. 10-1-07;
CR 07-089: cr. lines 67 to 75 of Table 5.06
Register June 2008 No. 630, eff. 7-1-08;
CR 08-092: cr. lines 45m and 45n of Table 5.06
Register May 2009 No. 641, eff. 6-1-09; correction to numbering of lines 45m and 45n made under s.
13.92 (4) (b) 1., Stats.,
Register May 2009 No. 641;
EmR0904: emerg. cr. line 8m of Table 5.06, eff. 3-2-09;
CR 08-110: cr. line 8m of Table 5.06
Register September 2009 No. 645, eff. 10-1-09;
CR 09-028: am. Table 5.06 line 21, cr. lines 19m, 20g, 20r, 21e, 21m, and 21s, r. line 18
Register August 2010 No. 656, eff. 9-1-10, except repeal of line 18, eff. 4-1-13;
CR 10-039: am. Table 5.06 line 14, r. Table 5.06 line 15
Register November 2010 No. 659, ef. 12-1-10;
CR 10-064: am. Table 5.06 line 66
Register December 2010 No. 660, eff. 1-1-11;
CR 10-090: cr. Table 5.06 lines 45r to 45t
Register January 2011 No. 661, eff. 2-1-11;
CR 11-020: cr. Table 305.06 line 27m,
Register December 2011 No. 672, eff. 1-1-12; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672:
CR 12-007: r. Table 305.06 lines 45r. to 45t.
Register July 2012 No. 679, eff. 8-1-12;
CR 13-014: r. Table 305.06 line 45
Register September 2013 No. 693, eff. 10-1-13;
CR 14-010: r. Table 305.06 line 8m, column (5)
Register August 2014 No. 704, eff. 9-1-14;
EmR1415: emerg. cr. Table 305.06 line 19r., eff. 8-6-14;
CR 14-049: cr. Table 305.06 line 19r.
Register July 2015 No. 715, eff. 8-1-15;
EmR1524: cr. Table 305.06 line 32m., eff. 11-21-15;
CR 15-086: cr. Table 305.06 line 32m.,
Register June 2016 No. 726, eff. 7-1-16;
CR 16-093: am. (1), (2), Table 305.06 (intro.), line 21., cr. Table 305.06 line 32s.
Register June 2018 No. 750, eff. 8-1-18;
CR 19-118: am. Table 305.06 line 39
Register May 2020 No. 773, eff. 6-1-20;
CR 23-006: am. Table 305.06 line 66. Register September 2023 No. 813, eff. 10-1-23. SPS 305.07(1)(a)
(a) Except under s.
SPS 305.96, a notice of renewal shall be mailed by the department to a license, certification, registration, or enrollment holder at least 30 calendar days prior to the expiration of the license, certification, registration, or enrollment.
SPS 305.07(1)(b)
(b) Failure to receive a notice for renewal of a license, certification, registration, or enrollment shall not be considered as an excuse or good cause for failure to renew a license, certification, registration, or enrollment prior to the expiration of the license, certification, registration, or enrollment.
SPS 305.07(2)(a)(a) Except as provided in par.
(b), upon receipt of the renewal application from the department, a person may apply to renew his or her license, certification, registration, or enrollment provided an application, a license, certification, registration, or enrollment fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the license, certification, registration, or enrollment.
SPS 305.07 Note
Note: Qualification obligations for renewal are specified under the appropriate license, certification, registration, or enrollment category sections.
SPS 305.07(2)(b)1.1. A person may apply to renew his or her license, certification, registration, or enrollment in accordance with par.
(a) no later than one term after expiration of the license, certification, registration, or enrollment as specified in Table 305.06 in accordance with all of the following conditions:
SPS 305.07(2)(b)1.b.
b. Any continuing education credit obtained after the expiration date of the license, certification, registration, or enrollment, but prior to one term after the expiration date of the license, certification, registration, or enrollment as specified in Table 305.06, that is needed to fulfill the renewal obligations shall be documented and filed with the department on a form prescribed by the department.
SPS 305.07 Note
Note: The form to document late continuing education credit may be obtained from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707-7082; or at telephone 608/261-8500 or 877/617-1565 or 411 (Telecommunications Relay).
SPS 305.07(2)(b)2.
2. The submission of a form under subd.
1. b. to the department shall include a $25.00 processing fee.
SPS 305.07(2)(b)3.b.
b. A person who files for renewal after the expiration date of a license, certification or registration issued under s.
SPS 305.68 or ss.
SPS 305.82 to
305.88 shall comply with this chapter's requirements for initially receiving that license, certification or registration.
SPS 305.07(2)(b)3.c.
c. A person who files for renewal of a license, certification or registration issued under s.
SPS 305.68,
305.84 or
305.85, and who has not obtained all continuing education credit required for renewal shall comply with this chapter's requirements for initially receiving that license, certification or registration.
SPS 305.07(2)(b)3.d.
d. For a license, certification or registration issued under s.
SPS 305.68,
305.84 or
305.85, the time period for obtaining continuing education credits shall extend from the beginning date to the expiration date of that license, certification or registration.
SPS 305.07(2)(c)
(c) A person who files for renewal more than one term after expiration of his or her license, certification, registration, or enrollment may be reinstated by filing with the department an administrative fee of $200.00, an application, and the application fee and the license, certification, registration, or enrollment fee specified in s.
SPS 305.02, Table 305.02. The department may also require demonstration of competence by various methods including written or oral examination, documentation of relevant work experience in other jurisdictions, or documentation of education or experience in the field. Any education or examination required by the department may not be more extensive than the requirements in effect at the time of the request for reinstatement.
SPS 305.07 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am.
Register, April, 2000, No. 532, eff. 5-1-00; am. (2),
Register, May, 2001, No. 545, eff. 6-1-01;
CR 03-075: r. and recr. (2) (c)
Register June 2004 No. 582, eff. 8-1-04;
CR 06-127: cr. (2) (b) 3.,
Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a), (2) (b) 1. (intro.), a., b., 3. a., b., c., d., (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-010: am. (2) (b) 1. b.
Register August 2014 No. 704, eff. 9-1-14;
CR 16-093: am. (1), (2) (a), (b) 1., (intro.), b., (c)
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.08(1)(a)(a) Only courses, programs and seminars approved in writing by the department shall be used for credit to fulfill continuing education requirements.
SPS 305.08(1)(b)1.1. Requests for a course, program or seminar to be recognized for approval shall be submitted in writing to the department.
SPS 305.08(1)(b)2.
2. Requests for approval shall include sufficient information to determine if the course, program or seminar complies with this subsection.
SPS 305.08(1)(b)3.
3. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.
SPS 305.08(1)(c)1.1. Thirty minutes of attendance in an approved course, program or seminar shall be deemed equal to 0.5 hours of acceptable continuing education.
SPS 305.08(1)(c)2.
2. Continuing education credit for attendance in approved continuing education courses, programs or seminars in other than 30 minute increments shall be rounded down to the next half hour.
SPS 305.08(1)(d)
(d) Courses, programs and seminars to be considered for approval towards continuing education credit shall relate to the skills and knowledge of one or more license, certification or registration categories.
SPS 305.08(1)(e)1.1. The department may limit credit approval to specific license, certification, or registration categories when approving a course, program, or seminar for continuing education credit.
SPS 305.08(1)(e)2.a.a. Except as provided in subd.
2. c., the approval of a course, program or seminar for continuing education credit shall expire 5 years after the date of approval.
SPS 305.08(1)(e)2.b.
b. Approval of courses, programs or seminars for continuing education credit may be renewed. Renewal shall be in accordance with par.
(b).
SPS 305.08(1)(e)2.c.
c. An approval of a course, program or seminar for continuing education credit under s.
SPS 305.68 or subch.
VIII shall expire either 3 years after the date of approval, or as otherwise specified in the approval.
SPS 305.08(1)(e)3.
3. The department may revoke the approval of a course, program or seminar for continuing education credit for any false statements, misrepresentation of facts or violation of the conditions on which the approval was based. The department may not revoke the approval of a course, program or seminar less than 30 calendar days prior to the course, program or seminar being held.
SPS 305.08(1)(f)1.1. The individual or organization which had obtained the course, program or seminar approval shall maintain an attendance record of those individuals who have attended and completed the course, program or seminar for at least 5 years from the date of the course, program or seminar.
SPS 305.08(1)(f)2.e.
e. The name of each license, certification or registration held by the attendee for which the course applies.
SPS 305.08(1)(f)2.f.
f. The license, certification or registration number assigned by the department of each attendee.
SPS 305.08(1)(f)3.
3. A copy of the attendance record shall be forwarded by the person or organization which had obtained the course, program or seminar approval to the department within 14 calendar days after completion of the course or program.
SPS 305.08(1)(g)
(g) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s.
SPS 305.68 or subch.
VIII shall notify the department of any material changes to the information submitted for that approval.
SPS 305.08(1)(h)
(h) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s.
SPS 305.68 or subch.
VIII shall notify the department if the course, program, or seminar is discontinued before the end of its approval period.
SPS 305.08(2)
(2) Evidence of compliance. Each license, certification or registration holder shall retain evidence of compliance with continuing education requirements throughout the license, certification or registration period for which continuing education credit was required for renewal of the license, certification or registration.
SPS 305.08(2)(a)
(a) The department shall accept as evidence of compliance original or copies of documents, certified by the individual or organization providing the course, program or seminar, indicating attendance and completion of the continuing education credit.
SPS 305.08(2)(b)
(b) The department may require a license, certification or registration holder to submit evidence of compliance for the continuing education credit which was required to renew the license, certification or registration.
SPS 305.08(3)(a)
(a) Except as provided under s.
SPS 305.07 (2) (b), for those license, certification or registration categories which require continuing educational credit for renewal, the license, certification or registration holder shall obtain the necessary amount of continuing educational credit prior to the expiration date of the license, certification, or registration as specified in Table 305.06.
SPS 305.08(3)(c)
(c) The attendance of a continuing education course, program or seminar in order to fulfill late renewal obligations under s.
SPS 305.07 (2) (b) may not be credited toward more than one renewal cycle for a specific license, certification or registration.
SPS 305.08 Note
Note: The provisions under par. (c) do not limit an individual in attending or completing courses, programs or seminars multiple times on separate occasions for continuing education credit.
SPS 305.08 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (3) (a),
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (d), (e) 1., (f) 2. e., f., (2) (intro.), (b) and (3),
Register, April, 2000, No. 532, eff. 5-1-00; am. (3),
Register, May, 2001, No. 545, eff. 6-1-01;
CR 03-075: r. (1) (b) 2., renum. (1) (b) 3. and 4. to be (1) (b) 2. and 3., r. and recr. (1) (e) 2. b.
Register June 2004 No. 582, eff. 8-1-04;
CR 06-127: am. (1) (e) 2. a., cr. (1) (e) 2. c., (g) and (h),
Register September 2007 No. 621, eff. 10-1-07;
CR 09-046: am. (1) (f) 1.
Register March 2010 No. 651, eff. 4-1-10; correction in (1) (e) 2. c., (g), (h), (3) (a), (b), (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-010: am. (1) (e) 1., (3) (a), r. (3) (b)
Register August 2014 No. 704, eff. 9-1-14.
SPS 305.09
SPS 305.09 Examinations administered by the department. SPS 305.09(1)(1)
For those license, certification or registration categories which require examination, the department shall conduct at least 4 license, certification or registration examinations annually for each license, certification or registration category at times and locations specified by the department.
SPS 305.09(2)
(2) An application and fee for a license, certification or registration that requires an examination shall be received by the department at least 30 calendar days prior to the day of the examination. The department may postpone the applicant's appearance to another examination date if any of the following occur:
SPS 305.09(2)(a)
(a) The applicant fails to have the application on file with the department within the required time.
SPS 305.09(2)(b)
(b) The application information or required qualifications are incomplete.
SPS 305.09(3)
(3) Upon verification of the application and the required qualifications, the department shall notify an applicant in writing of the date, time and place of the examination.
SPS 305.09(4)(a)(a) An applicant for license, certification or registration examination shall provide a photo identification or other appropriate evidence to gain admittance to an examination.
SPS 305.09(4)(b)
(b) An applicant shall bring to a license, certification or registration examination all necessary materials as specified by the department.
SPS 305.09(4)(c)1.1. Except as provided in subd.
2., an applicant who fails to appear at a scheduled license, certification or registration examination without giving notice to the department at least 24 hours before the examination shall be considered to have failed the examination and shall be required to submit a re-examination application and examination fee.
