440.08(2)(a)29.
29. Drug manufacturer: June 1 of each even-numbered year; $41.
440.08(2)(a)31.
31. Electrology establishment: July 1 of each odd-numbered year; $41.
440.08(2)(a)32.
32. Electrology instructor: July 1 of each odd-numbered year; $73.
440.08(2)(a)33.
33. Electrology school: July 1 of each odd-numbered year; $63.
440.08(2)(a)34.
34. Electrology specialty school: July 1 of each odd-numbered year; $41.
440.08(2)(a)35.
35. Engineer, professional: August 1 of each even-numbered year; $43.
440.08(2)(a)35m.
35m. Fund-raising counsel: September 1 of each even-numbered year; $41.
440.08(2)(a)36.
36. Funeral director: January 1 of each even-numbered year; $94.
440.08(2)(a)37.
37. Funeral establishment: June 1 of each odd-numbered year; $41.
440.08(2)(a)37m.
37m. Geologist, professional: August 1 of each even-numbered year; $41.
440.08(2)(a)38.
38. Hearing instrument specialist: February 1 of each even-numbered year; $287.
440.08(2)(a)38m.
38m. Landscape architect: August 1 of each even-numbered year; $41.
440.08(2)(a)39.
39. Land surveyor: February 1 of each even-numbered year; $73.
440.08(2)(a)42.
42. Manicuring establishment: July 1 of each odd-numbered year; $41.
440.08(2)(a)43.
43. Manicuring instructor: July 1 of each odd-numbered year; $138.
440.08(2)(a)44.
44. Manicuring school: July 1 of each odd-numbered year; $85.
440.08(2)(a)45.
45. Manicuring specialty school: July 1 of each odd-numbered year; $41.
440.08(2)(a)46m.
46m. Marriage and family therapist: July 1 of each odd-numbered year; $63.
440.08(2)(a)48.
48. Nurse, licensed practical: May 1 of each odd-numbered year; $49.
440.08(2)(a)49.
49. Nurse, registered: March 1 of each even-numbered year; $46.
440.08(2)(a)50.
50. Nurse-midwife: March 1 of each even-numbered year; $41.
440.08(2)(a)51.
51. Nursing home administrator: July 1 of each even-numbered year; $114.
440.08(2)(a)52.
52. Occupational therapist: November 1 of each odd-numbered year; $42.
440.08(2)(a)53.
53. Occupational therapy assistant: November 1 of each odd-numbered year; $41.
440.08(2)(a)54.
54. Optometrist: January 1 of each even-numbered year; $69.
440.08(2)(a)57.
57. Physical therapist: November 1 of each odd-numbered year; $45.
440.08(2)(a)59.
59. Physician assistant: November 1 of each odd-numbered year; $48.
440.08(2)(a)60.
60. Podiatrist: November 1 of each odd-numbered year; $187.
440.08(2)(a)61.
61. Private detective: September 1 of each even-numbered year; $212.
440.08(2)(a)62.
62. Private detective agency: September 1 of each even-numbered year; $41.
440.08(2)(a)63.
63. Private practice school psychologist: October 1 of each odd-numbered year; $65.
440.08(2)(a)63g.
63g. Private security person: September 1 of each even-numbered year; $41.
440.08(2)(a)63m.
63m. Professional counselor: July 1 of each odd-numbered year; $53.
440.08(2)(a)63t.
63t. Professional fund-raiser: September 1 of each even-numbered year; $41.
440.08(2)(a)64.
64. Psychologist: October 1 of each odd-numbered year; $124.
440.08(2)(a)65.
65. Real estate broker: January 1 of each odd-numbered year; $106.
440.08(2)(a)66.
66. Real estate corporation: January 1 of each odd-numbered year; $72.
440.08(2)(a)66m.
66m. Real estate partnership: January 1 of each odd-numbered year; $69.
440.08(2)(a)67.
67. Real estate salesperson: January 1 of each odd-numbered year; $70.
440.08(2)(a)67m.
67m. Registered interior designer: August 1 of each even-numbered year; $41.
440.08(2)(a)68.
68. Respiratory care practitioner: November 1 of each odd-numbered year; $42.
440.08(2)(a)68h.
68h. Social worker, advanced practice: July 1 of each odd-numbered year; $47.
440.08(2)(a)68p.
68p. Social worker, independent: July 1 of each odd-numbered year; $41.
440.08(2)(a)68t.
68t. Social worker, independent clinical: July 1 of each odd-numbered year; $50.
440.08(2)(a)68v.
68v. Speech-language pathologist: February 1 of each odd-numbered year; $46.
440.08(2)(a)69.
69. Time-share salesperson: January 1 of each odd-numbered year; $102.
440.08(2)(a)70.
70. Veterinarian: January 1 of each even-numbered year; $80.
440.08(2)(a)71.
71. Veterinary technician: January 1 of each even-numbered year; $42.
440.08(2)(b)
(b) The renewal fee for an apprentice, journeyman, student or temporary credential is $10. The renewal dates specified in
par. (a) do not apply to apprentice, journeyman, student or temporary credentials.
440.08(2)(c)
(c) Renewal applications shall be submitted to the department on a form provided by the department that complies with
sub. (2g) and, except as provided in
sub. (3), shall include the applicable renewal fee specified in
pars. (a) and
(b).
440.08(2g)
(2g) Credential renewal application form. 440.08(2g)(a)(a) The department shall establish a credential renewal application form for use by all credential holders who apply to renew a credential issued under
chs. 440 to
480.
440.08(2g)(b)
(b) The form established under
par. (a) shall require the applicant to do all of the following:
440.08(2g)(b)1.
1. If the applicant is a natural person, provide his or her social security number.
440.08(2g)(b)2.
2. If the applicant is not a natural person, provide its federal employer identification number.
440.08(2g)(c)
(c) Neither the department nor any examining board or affiliated credentialing board may disclose a social security number obtained from an applicant for credential renewal on a form established under
par. (a) to any person except to the department of revenue for the sole purpose of making the determination required under
sub. (2r).
440.08(2r)
(2r) Certification concerning delinquent taxes. Except as provided in
sub. (4) (b) 4., before granting an application to renew any credential issued under
chs. 440 to
480, the department shall, in accordance with the procedure established under
s. 440.03 (12), request the department of revenue to certify whether the applicant for the credential renewal is liable for delinquent taxes.
440.08(3)(a)(a) Except as provided in rules promulgated under
par. (b), if the department does not receive an application to renew a credential before its renewal date, the holder of the credential may restore the credential by payment of the applicable renewal fee specified in
sub. (2) (a) and by payment of a late renewal fee of $25.
440.08(3)(b)
(b) The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under
chs. 440 to
480, that the department, examining board or affiliated credentialing board determines is necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board or the affiliated credentialing board.
440.08(4)(a)(a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with
sub. (2) (c) or
(3) or with any other applicable requirement for renewal established under
chs. 440 to
480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.
440.08(4)(b)1.1. If the department of revenue certifies, after a request from the department of regulation and licensing under
sub. (2r), that an applicant for renewal is liable for delinquent taxes, the department of regulation and licensing shall deny the applicant's application for credential renewal.
440.08(4)(b)2.
2. The department of regulation and licensing shall notify an applicant for credential renewal that his or her application has been denied under
subd. 1. by mailing to the holder of the credential a notice of denial that includes a statement of the facts that warrant the denial under
subd. 1. and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department of revenue to have the certification of tax delinquency on which the denial is based reviewed at a hearing under
s. 71.91 (8).
440.08(4)(b)3.
3. If the certification of tax delinquency that is the basis of a denial of a credential renewal application under
subd. 1. is reviewed at a hearing under
s. 71.91 (8) and the department of revenue informs the department of regulation and licensing that, as a result of the hearing, the department of revenue affirmed its certification that the applicant is liable for delinquent taxes, the department of regulation and licensing shall affirm its denial under
subd. 1. of the applicant's credential renewal application. A credential holder may seek judicial review under
ch. 227 in the circuit court for Dane County of an affirmation by the department of regulation and licensing of a denial under
subd. 1.
440.08(4)(b)4.
4. If the department of regulation and licensing denies a credential renewal application under
subd. 1. or affirms the denial of a credential renewal application under
subd. 3. and the applicant subsequently reapplies for renewal of his or her credential, the department of regulation and licensing shall deny the applicant's application for credential renewal unless the applicant presents a certificate issued by the department of revenue that states that the applicant is not liable for delinquent taxes.
440.08 History
History: 1991 a. 39 ss.
3305,
3313;
1991 a. 78,
160,
167,
269,
278,
315;
1993 a. 3,
16,
102,
105,
107,
443,
463,
465;
1993 a. 490 ss.
228 to
230,
274,
275;
1995 a. 27,
233,
321,
322,
461.
440.11
440.11
Change of name or address. 440.11(1)
(1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department in writing of his or her new name or address within 30 days of the change.
440.11(2)
(2) The department or any examining board, affiliated credentialing board or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board.
440.11(3)
(3) Any person who fails to comply with
sub. (1) shall be subject to a forfeiture of $50.
440.20
440.20
Disciplinary proceedings. 440.20(1)
(1) Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplinary proceedings against any holder of a credential.
440.20(3)
(3) The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence.
440.20(4)
(4) In addition to any grounds for discipline specified in
chs. 440 to
480, the department or appropriate examining board, affiliated credentialing board or board in the department may reprimand the holder of a credential or deny, limit, suspend or revoke the credential of any person who intentionally violates
s. 252.14 (2) or intentionally discloses the results of a blood test in violation of
s. 252.15 (5) (a) or
(5m).
440.20 Annotation
Constitutionality of (3) upheld. Gandhi v. Medical Examining Board, 168 W (2d) 299, 483 NW (2d) 295 (Ct. App. 1992).
440.20 Annotation
See note to 452.10, citing 68 Atty. Gen. 30.
440.20 Annotation
"Preponderance of the evidence" burden of proof under (3) does not violate due process rights of licensee.
75 Atty. Gen. 76.
440.21
440.21
Enforcement of laws requiring credential.
