440.21(2)
(2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a credential required under
chs. 440 to
480, the department may issue a special order enjoining the person from the continuation of the practice or use of the title.
440.21(3)
(3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a credential required under
chs. 440 to
480, the department may petition the circuit court for a temporary restraining order or an injunction as provided in
ch. 813.
440.21(4)(a)(a) Any person who violates a special order issued under
sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.
440.21(4)(b)
(b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under
sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.
440.21 History
History: 1991 a. 39;
1993 a. 102.
440.22
440.22
Assessment of costs. 440.22(1)(1) In this section, "costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board or affiliated credentialing board, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.
440.22(2)
(2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department.
440.22(3)
(3) In addition to any other discipline imposed, if the department, examining board, affiliated credentialing board or board assesses costs of the proceeding to the holder of the credential under
sub. (2), the department, examining board, affiliated credentialing board or board may not restore, renew or otherwise issue any credential to the holder until the holder has made payment to the department under
sub. (2) in the full amount assessed.
440.23
440.23
Cancellation of credential; reinstatement. 440.23(1)(1) If the holder of a credential pays a fee required under
s. 440.05 (1) or
(6),
440.08,
444.03,
444.05,
444.11 or
459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to
sub. (2).
440.23(2)
(2) At least 20 days before canceling a credential, the department shall mail a notice to the holder of the credential that informs the holder that the check was not paid by the bank and that the holder's credential may be canceled on the date determined under
sub. (1) unless the holder does all of the following before that date:
440.23(2)(a)
(a) Pays the fee for which the unpaid check was issued.
440.23(2)(b)
(b) If the fee paid under
par. (a) is for renewal and the credential has expired, pays the applicable penalty for late renewal specified in
s. 440.08 (3).
440.23(2)(c)
(c) Pays the charge for an unpaid draft established by the depository selection board under
s. 20.905 (2).
440.23(3)
(3) Nothing in
sub. (1) or
(2) prohibits the department from extending the date for cancellation to allow the holder additional time to comply with
sub. (2) (a) to
(c).
440.23(4)
(4) A cancellation of a credential under this section completely terminates the credential and all rights, privileges and authority previously conferred by the credential.
440.23(5)
(5) The department may reinstate a credential that has been canceled under this section only if the previous holder complies with
sub. (2) (a) to
(c) and pays a $30 reinstatement fee.
440.25
440.25
Judicial review. The department may seek judicial review under
ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the medical examining board or the interested affiliated credentialing board, the attorney general may represent the board. If the attorney general declines to represent the board, the board may retain special counsel which shall be paid for out of the appropriation under
s. 20.165 (1) (g).
440.25 History
History: 1985 a. 340;
1993 a. 107.
PRIVATE DETECTIVES
Effective date note
NOTE: Chapter 440, Subchapter II (title) is amended eff. 7-1-97 by
1995 Wis. Act 461 to read:
Subch. II of ch. 440 Note
PRIVATE DETECTIVES,
private security persons
440.26
440.26
Private detectives, investigators and security personnel; licenses and permits. 440.26(1)
(1)
License or permit required. No person may advertise, solicit or engage in the business of operating a private detective agency, or act as a private detective, investigator, special investigator or private security person, or act as a supplier of private security personnel, or solicit business or perform any other type of service or investigation as a private detective or private security person, or receive any fees or compensation for acting as such, without first filing an application and the necessary bond or liability policy with the department and being issued a license or a permit under this section. No person may be so licensed unless the person is over 18 years of age.
440.26(1m)
(1m) Definition. In this section, "private security person" or "private security personnel" means any private police, guard or any person who stands watch for security purposes.
440.26(2)
(2) Types of licenses; application; approval. 440.26(2)(a)(a)
Types of licenses. There are 2 types of licenses: a private detective agency license and a private detective license.
440.26(2)(a)1.
1. A private detective agency license may be issued to an individual, partnership, limited liability company or corporation. An individual, the members of a partnership or limited liability company and the officers or directors of a corporation, having a private detective agency license, are not required to have a private detective license unless actually engaged in the work of a private detective.
440.26(2)(a)2.
2. A private detective license may only be issued to an individual who is an owner, coowner or employe of a licensed private detective agency.
440.26(2)(b)
(b)
Applications. The department shall prescribe forms for original and renewal applications. A partnership or limited liability company application shall be executed by all members of the partnership or limited liability company. A corporate application shall be executed by the secretary and the president or vice president and, in addition, in the case of a foreign corporation, by the registered agent.
440.26(2)(c)
(c)
Approval. The department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence. Subject to
ss. 111.321,
111.322 and
111.335, no person convicted of a felony is eligible for a license for 5 years thereafter. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.
440.26(3)
(3) Issuance of licenses; fees. Upon receipt and examination of an application executed under
sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the fee specified in
s. 440.05 (1). No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the agency's license even though the private detective's license may not have been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the fees specified in
s. 440.08. The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.
440.26(4)
(4) Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $10,000 if the applicant for the license is an agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.
440.26(5)
(5) Exemptions; private security permit. This section does not apply to any person employed, directly or indirectly by the state or municipality as defined in
s. 345.05 (1) (c), or to any employe of a railroad company under
s. 192.47, or employes of commercial establishments, who operate exclusively on their premises. An employe of any licensed agency doing business in this state as a supplier of uniformed security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities are exempt from the license requirements of this section while engaged in such employment, if the person obtains a private security permit under this section. The agency shall furnish upon request an up-to-date record of its employes to the chief of police or other local law enforcement official designated by the department for the municipality wherein such activities take place. Such record shall include the name, residence address, date of birth and a physical description of each such employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of the employe, and, subject to
ss. 111.321,
111.322 and
111.335, no person shall be eligible for a private security permit who has been convicted in this state or elsewhere of a felony within 5 years preceding application. The agency shall notify the chief of police or other designated official in writing within 5 days of any change of the residence address or of the termination of employment of such person. A private security permit shall be issued or denied within 48 hours of application by the chief of police or other designated official. The permit shall remain valid unless for just cause revoked by the chief of police or other designated official issuing the permit for just cause. Upon denial or revocation of a permit, appeal may be taken to the department. The chief of police or other designated official may charge the agency a fee of not more than $10 for issuing the permit.
440.26(6)
(6) Discipline. Subject to the rules adopted under
s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has been convicted of a crime, subject to
ss. 111.321,
111.322 and
111.335, or has engaged in conduct reflecting adversely on his or her professional qualification, or has made a false statement in connection with any application for a license or permit under this section.
440.26(7)(a)(a) "Private detective" does not include attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective is limited to such attorney or firm or persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.
440.26(8)
(8) Penalties. Any person, acting as a private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employe, owner, officer or agent convicted of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.
Effective date note
NOTE: This section is affected eff. 7-1-97 by
1995 Wis. Act 461 to read:
Effective date text
440.26 Private detectives, investigators and security personnel; licenses and permits. (1) License or permit required. (a) No person may do any of the following unless he or she has a license or permit issued under this section:
Effective date text
1. Advertise, solicit or engage in the business of operating a private detective agency.
Effective date text
2. Act as a private detective, investigator, special investigator or private security person.
Effective date text
3. Act as a supplier of private security personnel.
Effective date text
4. Solicit business or perform any other type of service or investigation as a private detective or private security person.
Effective date text
11. Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 10.
Effective date text
(b) The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.
Effective date text
(1m) Definition. In this section:
Effective date text
(h) "Private security person" or "private security personnel" means any private police, guard or any person who stands watch for security purposes.
Effective date text
(2) Types of licenses; application; approval. (a) Types of licenses. The department may do any of the following:
Effective date text
1. Issue a private detective agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private detective is issued a private detective license under this section.
Effective date text
2. Issue a private detective license to an individual who meets the qualifications specified under par. (c) if the individual is an owner, coowner or employe of a private detective agency required to be licensed under this section.
Effective date text
(b) Applications. 1. The department shall prescribe forms for original and renewal applications. A partnership or limited liability company application shall be executed by all members of the partnership or limited liability company. A corporate application shall be executed by the secretary and the president or vice president and, in addition, in the case of a foreign corporation, by the registered agent.
Effective date text
2. The department may require that an applicant provide any information which the department determines is reasonably necessary to determine whether the applicant meets the requirements of this section and rules promulgated under this section or to establish the truth of the facts set forth in the application. The department may also require under this subdivision that an applicant complete forms provided by the department of justice and the federal bureau of investigation.
Effective date text
(c) Approval. 1. Subject to subds. 2. and 3., the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.
Effective date text
2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section .
Effective date text
3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.
Effective date text
4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.
Effective date text
(3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the fee specified in s. 440.05 (1) and the costs, including the costs of record searches, incurred by the department in obtaining information related to the eligibility and qualifications of the applicant. No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the fees specified in s. 440.08. The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.
Effective date text
(3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b).
Effective date text
(4) Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.
Effective date text
(4m) Reporting violations of law. (a) Definition. In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.
Effective date text
(b) Reporting requirement. A person who holds a license or permit issued under this section and who is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, shall notify the department in writing of the date, place and nature of the conviction or finding within 48 hours after the entry of the judgment of conviction or the judgment finding that the person committed the violation. Notice may be made by mail and may be proven by showing proof of the date of mailing the notice.
Effective date text
(5) Exemptions. (a) The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.
Effective date text
(b) The license requirements of this section do not apply to any person employed directly or indirectly by the state or by a municipality, as defined in s. 345.05 (1) (c), or to any employe of a railroad company under s. 192.47, or to any employe of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.
Effective date text
(c) An employe of any agency that is licensed as a private detective agency under this section and that is doing business in this state as a supplier of uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements of this section while engaged in such employment, if all of the following apply:
Effective date text
1. The employe obtains a private security permit under this sub. (5m).
Effective date text
2. The private detective agency furnishes an up-to-date written record of its employes to the department. The record shall include the name, residence address, date of birth and a physical description of each employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of each employe.
Effective date text
3. The private detective agency notifies the department in writing within 5 days of any change in the information under subd. 2. regarding its employes, including the termination of employment of any person.
Effective date text
(5m) Private security permit. (a) The department shall issue a private security permit to an individual if all of the following apply:
Effective date text
1. The individual submits an application for a private security permit to the department on a form provided by the department. The department may require that an individual provide any information which the department determines is reasonably necessary to determine whether the individual meets the requirements of this section and rules promulgated under this section or to establish the truth of the facts set forth in the application. The department may also require under this subdivision that an applicant complete forms provided by the department of justice and the federal bureau of investigation.
Effective date text
2. The individual has not been convicted in this state or elsewhere of a felony, unless he or she has been pardoned for that felony.
Effective date text
3. The individual provides evidence satisfactory to the department that he or she is an employe of a private detective agency described in sub. (5) (c).
Effective date text
4. The individual pays to the department the fee specified in s. 440.05 (1) and the costs, including the costs of record searches, incurred by the department in obtaining information related to the eligibility and qualifications of the individual.
Effective date text
(b) The renewal dates for permits issued under this subsection are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).
Effective date text
(c) A private security permit issued under this subsection authorizes the holder of the permit to engage in private security activities described in sub. (5) (c) for an employer described in sub. (5) (c) anywhere in this state.
Effective date text
(d) The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued under this subsection. The record shall include all information received by the department that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.
Effective date text
(5r) Temporary private security permit. (a) The department shall issue a temporary private security permit to an individual at the request of the individual if all of the following apply:
Effective date text
1. The individual has completed an application and provided information required under sub. (5m) (a).
Effective date text
2. The department is not yet able to grant or deny the individual's application because a background check of the individual is not complete.
Effective date text
(b) 1. Except as provided in subd. 2., an individual who has been issued a temporary private security permit under par. (a) may act as a private security person in the same manner as an individual issued a private security permit under sub. (5m).
Effective date text
2. An individual may not carry a dangerous weapon while acting as a private security person under a temporary private security permit issued under par. (a).
Effective date text
(c) 1. Except as provided in subd. 2., a temporary private security permit issued under par. (a) is valid for 30 days.
Effective date text
2. A temporary private security permit issued under par. (a) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in subd. 1.
Effective date text
3. A temporary private security permit issued under par. (a) may not be renewed.
