SPS 1.08
SPS 1.08 Procedure. The procedures for a denial review proceeding are:
SPS 1.08(1)
(1) REVIEW OF REQUEST FOR HEARING. Within 45 calendar days of receipt of a request for hearing, the credentialing authority or its designee shall grant or deny the request for a hearing on a denial of a credential or on a determination of cheating on an examination or a determination of breach of examination security. A request shall be granted if requirements in
s. SPS 1.07 are met, and the credentialing authority or its designee shall notify the applicant of the time, place and nature of the hearing. If the requirements in
s. SPS 1.07 are not met, a hearing shall be denied, and the credentialing authority or its designee shall inform the applicant in writing of the reason for denial. For purposes of a petition for review under s.
227.52, Stats., a request is denied if a response to a request for hearing is not issued within 45 calendar days of its receipt by the credentialing authority.
SPS 1.08(2)
(2) Designation of presiding officer. An administrative law judge shall preside over denial hearings. The administrative law judge shall be employed by the department of administration.
SPS 1.08(3)
(3) Discovery. 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. An applicant may inspect records under s.
19.35, Stats., the public records law.
SPS 1.08(4)
(4) BURDEN OF PROOF. The applicant has the burden of proof to show by evidence satisfactory to the credentialing authority that the applicant meets the eligibility requirements set by law for the credential. The office of examinations has the burden of proof to show by a preponderance of the evidence that the applicant cheated on an examination or breached examination security.
SPS 1.09(1)
(1)
R
ECORD. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence, and of other oral proceedings when requested by a party.
SPS 1.09(2)
(2) Adjournments. The presiding officer may, for good cause, grant continuances, adjournments and extensions of time.
SPS 1.09(3)(a)(a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s.
227.45 (6m), Stats.
SPS 1.09(3)(b)
(b) A presiding officer may issue protective orders according to the provisions of s.
805.07, Stats.
SPS 1.09(4)
(4) Motions. All motions, except those made at hearing, shall be in writing, filed with the presiding officer and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.
SPS 1.09(4m)
(4m) Summary judgement. The parties may use the summary judgment procedure provided in s.
802.08, Stats.
SPS 1.09(5)
(5) Evidence. The credentialing authority, the office of examinations and the applicant shall have the right to appear in person or by counsel, to call, examine and cross-examine witnesses and to introduce evidence into the record. If the applicant submits evidence of eligibility for a credential which was not submitted to the credentialing authority prior to denial of the application, the presiding officer may request the credentialing authority to reconsider the application and the evidence of eligibility not previously considered.
SPS 1.09(5m)
(5m) Confidentiality of examination records. The presiding officer shall take appropriate precautions to preserve examination security in conjunction with the conduct of a hearing held pursuant to this section.
SPS 1.09(6)
(6) Briefs. The presiding officer may require the filing of briefs.
SPS 1.09(7)
(7) Location of hearing. All hearings shall be held at the offices of the department in Madison unless the presiding officer determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.
SPS 1.09 History
History: Cr.,
Register, July, 1996, No. 487, eff. 8-1-96;
CR 05-050: am. (5), cr. (5m)
Register January 2006 No. 601, eff. 2-1-06;
CR 14-019: cr. (4m) Register August 2014 No. 704, eff. 9-1-14. SPS 1.10
SPS 1.10 Service. Service of any document on an applicant may be made by mail addressed to the applicant at the last address filed in writing by the applicant with the credentialing authority. Service by mail is complete on the date of mailing.
SPS 1.10 History
History: Cr.
Register, October, 1985, No. 358, eff. 11-1-85; renum. from RL 1.06 and am.,
Register, July, 1996, No. 487, eff. 8-1-96.
SPS 1.11
SPS 1.11 Failure to appear. In the event that neither the applicant nor his or her representative appears at the time and place designated for the hearing, the credentialing authority may take action based upon the record as submitted. By failing to appear, an applicant waives any right to appeal the action taken by the credentialing authority.
SPS 1.11 History
History: Cr.
Register, October, 1985, No. 358, eff. 11-1-85; renum. from RL 1.07 and am.,
Register, July, 1996, No. 487, eff. 8-1-96;
CR 05-050: am.
Register January 2006 No. 601, eff. 2-1-06.
SPS 1.12
SPS 1.12 Withdrawal of request. A request for hearing may be withdrawn at any time. Upon receipt of a request for withdrawal, the credentialing authority shall issue an order affirming the withdrawal of a request for hearing on the denial or on the determination of cheating on an examination or determination of breach of examination security.
SPS 1.13(1)
(1) The fee charged for a transcript of a proceeding under this chapter shall be computed by the person or reporting service preparing the transcript on the following basis:
SPS 1.13(1)(a)
(a) If the transcript is prepared by a reporting service, the fee charged for an original transcription and for copies shall be the amount identified in the state operational purchasing bulletin which identifies the reporting service and its fees.
SPS 1.13(1)(b)
(b) If a transcript is prepared by the department, the department shall charge a transcription fee of $1.75 per page and a copying charge of $.25 per page. If 2 or more persons request a transcript, the department shall charge each requester a copying fee of $.25 per page, but may divide the transcript fee equitably among the requesters. If the department has prepared a written transcript for its own use prior to the time a request is made, the department shall assume the transcription fee, but shall charge a copying fee of $.25 per page.
SPS 1.13(2)
(2) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of a petition of indigency signed under oath. For purposes of this section, a determination of indigency shall be based on the standards used for making a determination of indigency under s.
977.07, Stats.
SPS 1.13 History
History: Cr.,
Register, July, 1996, No. 487, eff. 8-1-96.
