15.08 Annotation
Selection and terms of officers of regulatory and licensing boards are discussed.
75 Atty. Gen. 247 (1986).
15.085
15.085
Affiliated credentialing boards. 15.085(1)
(1)
Selection of members. All members of affiliated credentialing boards shall be residents of this state and shall, unless otherwise provided by law, be nominated by the governor, and with the advice and consent of the senate appointed. Appointments shall be for the terms provided by law. Terms shall expire on July 1. No member may serve more than 2 consecutive terms. No member of an affiliated credentialing board may be an officer, director or employee of a private organization which promotes or furthers the profession or occupation regulated by that board.
15.085(1m)(a)(a) Public members appointed under
s. 15.406 shall have all of the powers and duties of other members except that they shall not prepare questions for or grade any licensing examinations.
15.085(1m)(am)
(am) Public members appointed under
s. 15.406 shall not be, nor ever have been, licensed, certified, registered or engaged in any profession or occupation licensed or otherwise regulated by the affiliated credentialing board to which they are appointed, shall not be married to any person so licensed, certified, registered or engaged, and shall not employ, be employed by or be professionally associated with any person so licensed, certified, registered or engaged.
15.085(1m)(b)
(b) The public members of the physical therapists affiliated credentialing board, podiatrists affiliated credentialing board or occupational therapists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.
15.085(2)
(2) Selection of officers. At its first meeting in each year, every affiliated credentialing board shall elect from among its members a chairperson, vice chairperson and, unless otherwise provided by law, a secretary. Any officer may be reelected to succeed himself or herself.
15.085(3)(a)(a) Every affiliated credentialing board shall meet annually and may meet at other times on the call of the chairperson or of a majority of its members.
15.085(3)(b)
(b) The chairperson of an affiliated credentialing board shall meet at least once every 6 months with the examining board to which the affiliated credentialing board is attached to consider all matters of joint interest.
15.085(4)(a)(a) A majority of the membership of an affiliated credentialing board constitutes a quorum to do business, and a majority of a quorum may act in any matter within the jurisdiction of the affiliated credentialing board.
15.085(4)(b)
(b) Notwithstanding
par. (a), no certificate or license which entitles the person certified or licensed to practice a trade or profession shall be suspended or revoked without the affirmative vote of two-thirds of the membership of the affiliated credentialing board.
15.085(5)
(5) General powers. Each affiliated credentialing board:
15.085(5)(a)
(a) May compel the attendance of witnesses, administer oaths, take testimony and receive proof concerning all matters within its jurisdiction.
15.085(5)(b)
(b) Shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. In addition to any other procedure under
ch. 227 relating to the promulgation of rules, when promulgating a rule, other than an emergency rule under
s. 227.24, an affiliated credentialing board shall do all of the following:
15.085(5)(b)1.
1. Submit the proposed rule to the examining board to which the affiliated credentialing board is attached. The proposed rule shall be submitted under this subdivision at least 60 days before the proposed rule is submitted to the legislative council staff under
s. 227.15 (1).
15.085(5)(b)2.
2. Consider any comments on a proposed rule made by the examining board to which the affiliated credentialing board is attached, if the examining board submits the comments to the affiliated credentialing board within 30 days after a public hearing on the proposed rule under
s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under
s. 227.16 (2) (e).
15.085(5)(b)3.
3. Include, in the report submitted to the legislature under
s. 227.19 (2), any comments on the proposed rule submitted by the examining board under
subd. 2. and the affiliated credentialing board's responses to those comments.
15.085(5)(c)
(c) May limit, suspend or revoke, or reprimand the holder of, any license, permit or certificate granted by the affiliated credentialing board.
15.085(6)
(6) Improvement of the profession. In addition to any other duties vested in it by law, each affiliated credentialing board shall foster the standards of education or training pertaining to its own trade or profession, not only in relation of the trade or profession to the interest of the individual or to organized business enterprise, but also in relation to government and to the general welfare. Each affiliated credentialing board shall endeavor, both within and outside its own trade or profession, to bring about a better understanding of the relationship of the particular trade or profession to the general welfare of this state.
15.085(7)
(7) Compensation and reimbursement for expenses. Each member of an affiliated credentialing board shall, unless the member is a full-time salaried employee of this state, be paid a per diem of $25 for each day on which the member was actually and necessarily engaged in the performance of affiliated credentialing board duties. Each member of an affiliated credentialing board shall be reimbursed for the actual and necessary expenses incurred in the performance of affiliated credentialing board duties.
15.085(8)
(8) Official oath. Every member of an affiliated credentialing board shall take and file the official oath prior to assuming office.
15.085(9)
(9) Annual reports. Every affiliated credentialing board shall submit to the head of the department in which it is created, upon request of that person not more often than annually, a report on the operation of the affiliated credentialing board.
15.085(10)
(10) Seal. Every affiliated credentialing board may adopt a seal.
15.09(1)(a)(a) Unless otherwise provided by law, the governor shall appoint the members of councils for terms prescribed by law. Except as provided in
par. (b), fixed terms shall expire on July 1 and shall, if the term is for an even number of years, expire in an odd-numbered year.
15.09(2)
(2) Selection of officers. Unless otherwise provided by law, at its first meeting in each year every council shall elect a chairperson, vice chairperson and secretary from among its members. Any officer may be reelected for successive terms. For any council created under the general authority of
s. 15.04 (1) (c), the constitutional officer or secretary heading the department or the chief executive officer of the independent agency in which such council is created shall designate an employee of the department or independent agency to serve as secretary of the council and to be a voting member thereof.
15.09(3)
(3) Location and frequency of meetings. Unless otherwise provided by law, every council shall meet at least annually and shall also meet on the call of the head of the department or independent agency in which it is created, and may meet at other times on the call of the chairperson or a majority of its members. A council shall meet at such locations as may be determined by it unless the constitutional officer or secretary heading the department or the chief executive officer of the independent agency in which it is created determines a specific meeting place.
15.09(4)
(4) Quorum. Except as otherwise expressly provided, a majority of the membership of a council constitutes a quorum to do business, and a majority of a quorum may act in any matter within the jurisdiction of the council.
15.09(5)
(5) Powers and duties. Unless otherwise provided by law, a council shall advise the head of the department or independent agency in which it is created and shall function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government.
15.09(6)
(6) Reimbursement for expenses. Members of a council shall not be compensated for their services, but, except as otherwise provided in this subsection, members of councils created by statute shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, such reimbursement in the case of an elective or appointive officer or employee of this state who represents an agency as a member of a council to be paid by the agency which pays his or her salary. Members of the loan originator council under
s. 15.187 (1) may not be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
15.09(7)
(7) Reports. Unless a different provision is made by law for transmittal or publication of a report, every council created in a department or independent agency shall submit to the head of the department or independent agency, upon request of that person not more often than annually, a report on the operation of the council.
15.09(8)
(8) Official oath. Each member of a council shall take and file the official oath prior to assuming office.
DEPARTMENTS
15.10
15.10
Department of administration; creation. There is created a department of administration under the direction and supervision of the secretary of administration. The secretary of administration shall be appointed on the basis of recognized interest, administrative and executive ability, training and experience in and knowledge of problems and needs in the field of general administration.
15.103
15.103
Same; specified divisions. 15.103(1)
(1)
Division of hearings and appeals. There is created a division of hearings and appeals which is attached to the department of administration under
s. 15.03. The administrator of the division shall be appointed by the secretary of administration in the classified service.
15.103(1m)
(1m) Division of gaming. There is created in the department of administration a division of gaming.
15.103(4)
(4) Division of trust lands and investments. There is created a division of trust lands and investments which is attached to the department of administration under
s. 15.03. This division is under the direction and supervision of the board of commissioners of public lands.
15.105
15.105
Same; attached boards, commissions, and offices. 15.105(1)(1)
Tax appeals commission. There is created a tax appeals commission which is attached to the department of administration under
s. 15.03. Members shall be appointed solely on the basis of fitness to perform the duties of their office, and shall be experienced in tax matters. The commission shall meet at the call of the chairperson or at the call of a majority of its members. The chairperson shall not serve on or under any committee of a political party. The commission shall include but not be limited to a small claims division.
15.105(2)
(2) Claims board. There is created a claims board, attached to the department of administration under
s. 15.03, consisting of a representative of the office of the governor designated by the governor, a representative of the department of administration designated by the secretary of administration, a representative of the department of justice designated by the attorney general and the chairpersons of the senate and assembly committees on finance or their designees appointed at the commencement of each legislative biennium from the membership of their respective committees on finance.
15.105(3)
(3) Depository selection board. There is created a depository selection board which is attached to the department of administration under
s. 15.03. The depository selection board shall consist of the state treasurer, the secretary of administration, and the secretary of revenue or their designees.
15.105(4)
(4) Public records board. There is created a public records board which is attached to the department of administration under
s. 15.03. The public records board shall consist of the governor, the director of the historical society, the attorney general, the state auditor, and the director of the legislative council staff, or their designated representatives, and a representative of the small business community, a representative of a school board or the governing body of a municipality, as defined in
s. 281.59 (1) (c), and one other member.
15.105(5)
(5) State capitol and executive residence board. There is created a state capitol and executive residence board, attached to the department of administration under
s. 15.03, consisting of the secretary of administration or the secretary's designee, the director of the historical society or the director's designee, an architect or engineer employed by the department of administration appointed by the secretary of administration, 3 senators and 3 representatives to the assembly appointed as are the members of standing committees in their respective houses, and 7 citizen members appointed for staggered 6-year terms of whom at least 2 shall be architects registered under
ch. 443, one shall be a landscape architect registered under
ch. 443 and
3 shall be interior designers.
15.105(10)
(10) Board on aging and long-term care. There is created a board on aging and long-term care, attached to the department of administration under
s. 15.03. The board shall consist of 7 members appointed for staggered 5-year terms. Members shall have demonstrated a continuing interest in the problems of providing long-term care for the aged or disabled. At least 4 members shall be public members with no interest in or affiliation with any nursing home.
15.105(12)(a)(a)
Creation; membership. There is created a waste facility siting board, attached to the department of administration under
s. 15.03, consisting of the following members:
15.105(12)(a)1.
1. The secretary of transportation, the secretary of agriculture, trade and consumer protection and the secretary of commerce or their formally appointed designees.
15.105(12)(b)
(b)
Terms. The town officials and the county official shall be appointed for staggered 3-year terms.
15.105(12)(c)
(c)
Vacancies. If a town or county official who is a member leaves office while serving on the board, the member's position on the board is considered vacant until a successor is appointed under
s. 15.07 (1) (b).
15.105(12)(d)
(d)
Recommendations. In appointing the town officials and county official to be members under this subsection, the governor shall consider recommendations made by the Wisconsin towns association and the Wisconsin Counties Association if these recommendations are submitted within 60 days after a town official or county official position on the board becomes vacant.
15.105(12)(e)
(e)
Executive director. The board shall appoint an executive director under or outside of the classified service.
15.105(12)(f)
(f)
Assistance. The board may contract with any state agency to provide assistance necessary for the board to fulfill its duties.
15.105(19)
(19) Office of justice assistance. There is created an office of justice assistance which is attached to the department of administration under
s. 15.03. The executive staff director of the office shall be appointed by the governor to serve at the pleasure of the governor.
15.105(22)
(22) State use board. There is created a state use board which is attached to the department of administration under
s. 15.03. The board shall consist of 8 members appointed to serve for 4-year terms, including a representative of the department of administration; a representative of the subunit of the department of health and family services which administers mental health laws; a representative of the subunit of the department of workforce development which administers vocational rehabilitation laws; 2 representatives of private businesses, one of whom shall represent a small business; one representative of a work center, as defined in
s. 16.752; and one member who does not represent any of the foregoing entities. A member vacates his or her office if the member loses the status upon which his or her appointment is based. In this subsection, "small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,500,000 in gross annual sales for each of the 2 previous calendar years or has 25 or fewer employees.
15.105(23)(a)(a) There is created an incorporation review board attached to the department of administration under
s. 15.03. The board shall consist of the secretary of administration or his or her designee, 2 members appointed by the Wisconsin Towns Association, one member appointed by the League of Wisconsin Municipalities, and one member appointed by the Wisconsin Alliance of Cities. Members serve at the pleasure of the appointing authority. All members of the board, other than the secretary of administration or his or her designee, serve only in an advisory capacity.
15.105(23)(b)
(b) No member of the incorporation review board may review a petition referred to the board under
s. 66.0203 (8) (b) if any of the following applies:
15.105(23)(b)1.
1. The member owns property in, or resides in, the town that is the subject of the incorporation petition.
15.105(23)(b)2.
2. The member owns property in, or resides in, a city or village that is contiguous to the town that is the subject of the incorporation petition.
15.105(23)(c)
(c) If the secretary of administration is affected by
par. (b), he or she shall appoint a designee who is not so affected to review the petition. If any other member of the board is affected by
par. (b), that person's appointing authority shall remove that person from the board and shall appoint another member to review the petition who is not so affected.
15.105(24)
(24) National and community service board. 15.105(24)(a)(a)
Creation. There is created a national and community service board which is attached to the department of administration under
s. 15.03.
15.105(24)(b)
(b)
Membership. The national and community service board shall consist of the voting members described in
par. (c) and the nonvoting members described in
par. (d), appointed for 3-year terms.
15.105(24)(c)
(c)
Voting members. The national and community service board shall include as voting members the following members:
15.105(24)(c)1.
1. At least one member who has expertise in the educational, training and developmental needs of youth, particularly of disadvantaged youth.
15.105(24)(c)2.
2. At least one member who has experience in promoting voluntarism among older adults.
15.105(24)(c)3.
3. At least one member who is a representative of private nonprofit organizations that are representative of a community, or a significant segment of a community, and that are engaged in meeting the human, educational, environmental or public safety needs of that community.
15.105(24)(c)4.
4. The state superintendent of public instruction or his or her designee.
15.105(24)(c)5.
5. At least one member who is a representative of a school board or of a county, city, village or town government.
15.105(24)(c)6.
6. At least one member who is a representative of organized labor.
15.105(24)(c)7.
7. At least one member who is a representative of the business community.
15.105(24)(c)8.
8. At least one member who is at least 16 years of age and not more than 25 years of age and who is a participant or a supervisor in a national service program described in
42 USC 12572 (a).
15.105(24)(c)10.
10. If less than 16 members are appointed under
subds. 1. to
9., a sufficient number of members to bring the total number of voting members to 16.
15.105(24)(d)
(d)
Nonvoting members. In addition to the voting members specified in
par. (c), the national and community service board shall include as a nonvoting member the state representative of the corporation for national and community service designated under
42 USC 12651f, and may include as nonvoting members such representatives of state agencies providing community services, youth services, educational services, social services, services for the aging and job training programs as the governor may appoint.
15.105(24)(e)
(e)
Membership limitations. No more than 4 of the voting members of the national and community service board may be state officers or employees. No more than 9 of the voting members of the national and community service board may belong to the same political party. In appointing members to the national and community service board, the governor shall ensure, to the maximum extent practicable, that the membership of the board is diverse with respect to race, national origin, age, sex and disability.
