440.08(2)(a)68h.
68h. Social worker, advanced practice: July 1 of each odd-numbered year; $46.
440.08(2)(a)68p.
68p. Social worker, independent: July 1 of each odd-numbered year; $49.
440.08(2)(a)68t.
68t. Social worker, independent clinical: July 1 of each odd-numbered year; $57.
440.08(2)(a)68v.
68v. Speech-language pathologist: February 1 of each odd-numbered year; $44.
440.08(2)(a)69.
69. Time-share salesperson: January 1 of each odd-numbered year; $61.
440.08(2)(a)70.
70. Veterinarian: January 1 of each even-numbered year; $82.
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) Except as provided in
sub. (3), renewal applications shall include the applicable renewal fee specified in
pars. (a) and
(b).
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 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;
1997 a. 27,
75,
81,
96,
156,
191,
237,
261,
300; s. 13.93 (1) (b).
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 of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department.
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.
440.12
440.12
Credential denial, nonrenewal and revocation based on tax delinquency. Notwithstanding any other provision of
chs. 440 to
480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under
s. 73.0301 that the applicant or credential holder is liable for delinquent taxes, as defined in
s. 73.0301 (1) (c).
440.12 History
History: 1997 a. 237.
440.13
440.13
Delinquency in support payments; failure to comply with subpoena or warrant. 440.13(1)(b)
(b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development under
s. 49.857.
440.13(2)
(2) Notwithstanding any other provision of
chs. 440 to
480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:
440.13(2)(a)
(a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under
s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to support or paternity proceedings.
440.13(2)(b)
(b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to support or paternity proceedings.
440.13(2)(c)
(c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.
440.13 History
History: 1997 a. 191,
237.
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.
440.205
440.205
Administrative warnings. If the department or a board, examining board or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, board, examining board or affiliated credentialing board may close the investigation by issuing an administrative warning to the credential holder. The department or a board, examining board or affiliated credentialing board may issue an administrative warning under this section only if the department or board, examining board or affiliated credentialing board determines that no further action is warranted because the complaint involves a first occurrence of a minor violation and the issuance of an administrative warning adequately protects the public by putting the credential holder on notice that any subsequent violation may result in disciplinary action. If an administrative warning is issued, the credential holder may obtain a review of the administrative warning through a personal appearance before the department, board, examining board or affiliated credentialing board that issued the administrative warning. Administrative warnings do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the credential holder is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the credential holder is received by the department or a board, examining board or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the credential holder had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law. The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.
440.205 History
History: 1997 a. 139.
440.21
440.21
Enforcement of laws requiring credential. 440.21(1)(1) The department may conduct investigations, hold hearings and make findings as to whether a person has engaged in a practice or used a title without a credential required under
chs. 440 to
480.
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. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of regulation and licensing, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.
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, together with any accrued interest.
440.22 Annotation
The collection of costs assessed under this section may not be pursued in an independent action for a money judgment. The costs may be collected only as a condition of reinstatement of the disciplined practitioner's credentials. State v. Dunn, 213 W (2d) 363, 570 NW (2d) 614 (Ct. App. 1997).
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, PRIVATE SECURITY PERSONS
440.26
440.26
Private detectives, investigators and security personnel; licenses and permits. 440.26(1)(a)(a) No person may do any of the following unless he or she has a license or permit issued under this section:
440.26(1)(a)1.
1. Advertise, solicit or engage in the business of operating a private detective agency.
440.26(1)(a)2.
2. Act as a private detective, investigator, special investigator or private security person.
440.26(1)(a)4.
4. Solicit business or perform any other type of service or investigation as a private detective or private security person.
440.26(1)(a)11.
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.
440.26(1)(b)
(b) The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.
440.26(1m)(h)
(h) "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. The department may do any of the following:
440.26(2)(a)1.
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.
440.26(2)(a)2.
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.
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)1.1. 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.
440.26(2)(c)2.
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 .
