440.01 Annotation
Procedural due process and the separation of functions in state occupational licensing agencies. 1974 WLR 833.
440.02
440.02
Bonds. Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.
440.03
440.03
General duties and powers of the department. 440.03(1)(1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
440.03(1m)
(1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in
s. 560.41 (2), that is issued under
chs. 440 to
480.
440.03(2)
(2) The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, "nonprofit organization" means a nonprofit corporation as defined in
s. 181.02 (4) and an organization exempt from tax under
26 USC 501.
440.03(3)
(3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under
s. 15.405 or
15.406.
440.03(3m)
(3m) The department may investigate complaints made against a person who has been issued a credential under
chs. 440 to
480.
440.03(4)
(4) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.
440.03(5)
(5) The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under
ch. 448.
440.03(6)
(6) The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under
s. 655.045, as created by
1985 Wisconsin Act 29, and
s. 655.26.
440.03(7)
(7) The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued under
chs. 440 to
480.When establishing the format of credential renewal application forms, the department shall provide a place on the form for the information required under
s. 440.08 (2g) (b). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.
440.03(8)
(8) The department may promulgate rules requiring holders of certain credentials to do any of the following:
440.03(8)(a)
(a) Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.
440.03(8)(b)
(b) Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.
440.03(9)
(9) The department shall include all of the following with each biennial budget request that it makes under
s. 16.42:
440.03(9)(a)
(a) A recalculation of the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under
chs. 440 to
480 and that are included in the budget request.
440.03(9)(b)
(b) A recommended change to each fee specified under
s. 440.05 (1) for an initial credential for which an examination is not required, under
s. 440.05 (2) for a reciprocal credential and under
s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under
s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under
s. 20.165 (1) (i) prior to and during that budget period.
440.03(10)
(10) The department shall study whether continued certification of dietitians by the dietitians affiliated credentialing board, as created by
1993 Wisconsin Act 443, is necessary for the protection of the consumers of dietetic services. The department shall report the results of the study to the legislature under
s. 13.172 (2) by July 1, 1998.
440.03(11)
(11) The department shall cooperate with the department of health and family services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health and family services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under
ss. 448.40 (2) (e) and
455.065 (5).
440.03(12)
(12) The department shall establish a procedure for making a request under
s. 440.08 (2r) to the department of revenue to certify whether a credential holder is liable for delinquent taxes.
440.03 History
History: 1977 c. 418 ss.
24,
792;
1979 c. 34,
221,
337;
1981 c. 94;
1985 a. 29,
340;
1989 a. 31,
340;
1991 a. 39;
1993 a. 16,
102,
107,
443,
445,
490,
491;
1995 a. 27 ss.
6472g,
6472j,
9126 (19);
1995 a. 233.
440.035
440.035
General duties of examining boards and affiliated credentialing boards. Each examining board or affiliated credentialing board attached to the department or an examining board shall:
440.035(1)
(1) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
440.035(2)
(2) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations and disciplinary matters affecting persons who are credentialed by the examining board or affiliated credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the examining board, affiliated credentialing board or accreditation.
440.035(3)
(3) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
440.035(4)
(4) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in
s. 230.35 (4) (a).
440.04
440.04
Duties of the secretary. The secretary shall:
440.04(1)
(1) Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.
440.04(2)
(2) Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.
440.04(3)
(3) Control the allocation, disbursement and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation.
440.04(4)
(4) Employ, assign and reassign such staff as are required by the department and the attached examining boards and affiliated credentialing boards in the performance of their functions.
440.04(5)
(5) With the advice of the examining boards or affiliated credentialing boards:
440.04(5)(a)
(a) Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.
440.04(5)(b)
(b) Make all arrangements for meetings, hearings and examinations.
440.04(5)(c)
(c) Provide such other services as the examining boards or affiliated credentialing boards request.
440.04(6)
(6) Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in
s. 230.08 (2). The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator.
440.04(7)
(7) Unless otherwise specified in
chs. 440 to
480, provide examination development, administration, research and evaluation services as required.
440.04(8)
(8) Collect data related to the registration of speech-language pathologists and audiologists under
subch. III of ch. 459 and, on January 15, 1993, report the data and recommendations on whether the licensure of speech-language pathologists and audiologists under
subch. II of ch. 459 is appropriate to the chief clerk of each house of the legislature for distribution in the manner provided under
s. 13.172 (2).
440.04(9)
(9) Annually prepare and submit a report to the legislature under
s. 13.172 (2) on the number of minority group members who applied for licensure as a certified public accountant under
ch. 442, the number who passed the examination required for licensure as a certified public accountant and the number who were issued a certified public accountant license under
ch. 442, during the preceding year.
440.042
440.042
Advisory committees. 440.042(1)(1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
440.042(2)
(2) Any person who in good faith testifies before the department or any examining board, affiliated credentialing board or board in the department or otherwise provides the department or any examining board, affiliated credentialing board or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.
440.042 History
History: 1993 a. 16 ss.
3269,
3299;
1993 a. 107.
440.045
440.045
Disputes. Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.
440.045 History
History: 1977 c. 418 s.
27;
1979 c. 34;
1993 a. 107.
440.045 Annotation
Relationship between department, cosmetology examining board and governor discussed. 70 Atty. Gen. 172.
440.05
440.05
Standard fees. The following standard fees apply to all initial credentials, except as provided in
ss. 440.42,
440.43,
440.44,
440.51,
442.06,
444.03,
444.05,
444.11,
449.17,
449.18 and
459.46:
440.05(1)(a)(a) Initial credential: $39. Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.
440.05(1)(b)
(b) Examination: If an examination is required, the applicant shall pay an examination fee. The fee for examination shall be an amount equal to the department's best estimate of the actual cost of preparing, administering and grading the examination or obtaining and administering an approved examination from a test service.
440.05(2)
(2) Reciprocal credential, including any credential described in
s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under
s. 440.08 (2) (a) and, if an examination is required, an examination fee under
sub. (1).
440.05(6)
(6) Apprentice, journeyman, student or other temporary credential , granted pending completion of education, apprenticeship or examination requirements: $10.
440.05(7)
(7) Replacement of lost credential, name or address change on credential, issuance of duplicate credential or transfer of credential: $10.
440.05(9)
(9) Endorsement of persons who are credentialed to other states: $10.
440.05 History
History: 1977 c. 29,
418;
1979 c. 34;
1979 c. 175 s.
53;
1979 c. 221 s.
2202 (45);
1983 a. 27;
1985 a. 29;
1987 a. 264,
265,
329,
399,
403;
1989 a. 31,
229,
307,
316,
336,
340,
341,
359;
1991 a. 39,
269,
278,
315;
1993 a. 16;
1995 a. 27.
440.055
440.055
Credit card payments. 440.055(1)
(1) The department may accept payment by credit card of a fee that is required to be paid to the department under
chs. 440 to
480.
440.055(2)
(2) If the department permits the payment of a fee with use of a credit card under
sub. (1), the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the credit card and shall be sufficient to pay the costs to the department for providing this service to persons who request it, including the cost of any services for which the department contracts under
sub. (3).
440.055(3)
(3) The department may contract for services relating to the payment of fees by credit card under this section.
440.055 History
History: 1995 a. 27.
440.06
440.06
Refunds and reexaminations. The secretary may establish uniform procedures for refunds of fees paid under
s. 440.05 or
440.08 and uniform procedures and fees for reexaminations under
chs. 440 to
480.
440.07
440.07
Examination standards and services. 440.07(1)
(1) In addition to the standards specified in
chs. 440 to
480, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise the skills.
440.07(2)
(2) The department, examining board or affiliated credentialing board having authority to credential applicants may do any of the following:
440.07(2)(a)
(a) Prepare, administer and grade examinations.
440.07(2)(b)
(b) Approve, in whole or in part, an examination prepared, administered and graded by a test service provider.
440.07(3)
(3) The department may charge a fee to an applicant for a credential who fails an examination required for the credential and requests a review of his or her examination results. The fee shall be based on the cost of the review. No fee may be charged for the review unless the amount of the fee or the procedure for determining the amount of the fee is specified in rules promulgated by the department.
440.07 Annotation
Department of Regulation and Licensing test scores were subject to disclosure under the open records law. Munroe v. Braatz, 201 W (2d) 442, 549 NW (2d) 452 (Ct. App. 1996).
440.08
440.08
Credential renewal. 440.08(1)(1)
Notice of renewal. The department shall mail a notice of renewal to the last address provided to the department by each holder of a credential at least 30 days prior to the renewal date of the credential. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a credential. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under
sub. (3).
440.08(2)
(2) Renewal dates, fees and applications. 440.08(2)(a)1.
1. Accountant, certified public: January 1 of each even-numbered year; $47.
440.08(2)(a)2.
2. Accountant, public: January 1 of each even-numbered year; $41.
440.08(2)(a)3.
3. Accounting corporation or partnership: January 1 of each even-numbered year; $41.
440.08(2)(a)4.
4. Acupuncturist: July 1 of each odd-numbered year; $95.
440.08(2)(a)4m.
4m. Advanced practice nurse prescriber: October 1 of each even-numbered year; $41.
440.08(2)(a)5.
5. Aesthetician: July 1 of each odd-numbered year; $70.
440.08(2)(a)6.
6. Aesthetics establishment: July 1 of each odd-numbered year; $116.
440.08(2)(a)7.
7. Aesthetics instructor: July 1 of each odd-numbered year; $117.
440.08(2)(a)8.
8. Aesthetics school: July 1 of each odd-numbered year; $74.
440.08(2)(a)9.
9. Aesthetics specialty school: July 1 of each odd-numbered year; $41.
440.08(2)(a)11.
11. Appraiser, real estate, certified general: January 1 of each even-numbered year; $82.
