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:
SPS 6.11(1)(b)
(b) Appoint a panel of no less than two-thirds of the membership of the board.
SPS 6.11(1)(c)
(c) Designate under s.
227.46 (1), Stats., an administrative law judge employed by the department of administration.
SPS 6.11(2)
(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.
SPS 6.11 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (a), (b), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 14-019: am. (1) (intro.), (a), (b), cr. (1) (c), am. (2)
Register August 2014 No. 704, eff. 9-1-14;
CR 19-114: am. (1) (intro.), (2) Register February 2020 No. 770, eff. 3-1-20.
