LRB-3398/2
MDK:kaf:lp
1997 - 1998 LEGISLATURE
October 2, 1997 - Introduced by Representative Otte, by request of Department
of Regulation and Licensing Secretary Marlene A. Cummings. Referred to
Committee on Consumer Affairs.
AB547,1,3
1An Act to create 440.205 of the statutes;
relating to: the issuance of
2administrative warnings to holders of credentials issued by the department of
3regulation and licensing and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, with exceptions, the department of regulation and licensing
(DORL) and the boards, examining boards or affiliated credentialing boards in
DORL may conduct investigations and impose discipline on holders of credentials
issued by DORL. Discipline may consist of revoking, suspending or imposing limits
on a credential or reprimanding a credential holder or, in some cases, imposing
forfeitures.
This bill allows DORL or a board, examining board or affiliated credentialing
board in DORL, as appropriate, to close an investigation by issuing an
administrative warning to a credential holder if DORL or the board determines that
there is substantial evidence of misconduct by the credential holder.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB547, s. 1
4Section
1. 440.205 of the statutes is created to read:
AB547,2,21
1440.205 Administrative warnings. If the department or a board, examining
2board or affiliated credentialing board in the department determines during an
3investigation that there is substantial evidence of misconduct by a credential holder,
4the department, board, examining board or affiliated credentialing board may close
5the investigation by issuing an administrative warning to the credential holder. If
6an administrative warning is issued, the credential holder may obtain a review of the
7administrative warning through a personal appearance before the department,
8board, examining board or affiliated credentialing board that issued the
9administrative warning. Administrative warnings shall be private and confidential,
10do not constitute an adjudication of guilt or the imposition of discipline and may not
11be used as evidence that the credential holder is guilty of the alleged misconduct.
12However, if a subsequent allegation of misconduct by the credential holder is
13received by the department or a board, examining board or affiliated credentialing
14board in the department, the matter relating to the issuance of the administrative
15warning may be reopened and disciplinary proceedings may be commenced on the
16matter, or the administrative warning may be used in any subsequent disciplinary
17proceeding as evidence that the credential holder had actual knowledge that the
18misconduct that was the basis for the administrative warning was contrary to law.
19The department shall promulgate rules establishing uniform procedures for the
20issuance and use of administrative warnings. The rules shall include a definition of
21"substantial evidence of misconduct" for purposes of this section.
