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;
1997 a. 27,
75,
79;
1997 a. 191 ss.
312,
313,
318;
1997 a. 231,
237;
1997 a. 261 ss.
1 to
4,
7,
10,
13;
1997 a. 311;
1999 a. 9,
32;
2001 a. 16,
66,
80;
2003 a. 151;
2005 a. 25;
2007 a. 20 ss.
3449 to
3462,
9121 (6) (a);
2007 a. 153,
189;
2009 a. 28,
130,
276,
282,
355;
2011 a. 32,
146,
160,
190,
255.
440.03 Cross-reference
Cross-reference: See also
SPS, Wis. adm. code.
440.03 Annotation
Notwithstanding the absence of any state statute limiting eligibility for professional licenses or credentials to persons who are in the country legally, federal law is controlling so that the Department of Regulation and Licensing is prohibited from granting any professional license or credential to an alien who is present in the United States illegally. Because the department is prohibited from issuing professional licenses or credentials to illegal aliens, the department must put in place some procedure practicably designed to reasonably insure that it does not issue licenses or credentials in violation of federal law.
OAG 3-07.
440.032
440.032
Sign language interpreting. 440.032(1)(a)
(a) "Client" means a deaf or hard of hearing person for whom a person provides interpretation services.
440.032(1)(b)
(b) "Council" means the sign language interpreter council.
440.032(1)(c)
(c) "Support service provider" means an individual who is trained to act as a link between a person who is deaf and blind and the person's environment.
440.032(1)(d)
(d) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other similar nationally recognized certification organization, or a successor program administered by the department of health services.
440.032(2)(a)(a) Except as provided in
pars. (b) and
(c), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department under
sub. (3).
440.032(2)(b)
(b) No license is required under this subsection for any of the following:
440.032(2)(b)1.
1. A person interpreting in a court proceeding if the person is certified by the supreme court to act as a qualified interpreter in court proceedings under
s. 885.38 (2).
440.032(2)(b)2.
2. A person interpreting at any school or school-sponsored event if the person is licensed by the department of public instruction as an educational interpreter.
440.032(2)(b)3.
3. A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.
440.032(2)(b)4.
4. A support service provider interpreting for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual.
440.032(2)(b)5.
5. A person who, in the course of the person's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 hours.
440.032(2)(c)1.1. The council may grant a temporary exemption to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council may not grant an individual more than 2 temporary exemptions under this subdivision per year.
440.032(2)(c)2.
2. The council may grant a temporary or permanent exemption to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council or for persons specified by the council.
440.032(3)(a)1.1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under
s. 440.03 (9) (a), and submits evidence satisfactory to the department that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:
440.032(3)(a)1.a.
a. Any valid certification granted by the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(a)1.b.
b. A valid certification level 3, 4, or 5 granted by the National Association of the Deaf or its successor.
440.032(3)(a)1.c.
c. Any valid certification granted by any other organization that the department determines is substantially equivalent to a certification specified in
subd. 1. a. or
b.
440.032(3)(a)2.
2. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under
s. 440.03 (9) (a), if the applicant has a certification specified in
subd. 1. a. and if the applicant provides to the department satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.
440.032(3)(a)3.
3. The department shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in
subd. 1. (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department that the applicant holds one of the certifications specified in
subd. 1. a.,
b., or
c., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.
440.032(3)(b)1.1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under
s. 440.03 (9) (a), and submits evidence satisfactory to the department of all of the following:
440.032(3)(b)1.a.
a. The applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation.
440.032(3)(b)1.b.
b. The applicant is verified by the Wisconsin interpreting and transliterating assessment at level 2 or higher in both interpreting and transliterating.
440.032(3)(b)1.c.
c. The applicant has passed the written examination administered by the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(b)1.d.
d. The applicant is an associate or student member of the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(b)2.
2. The department shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under
par. (a), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under
s. 440.03 (9) (a), and submits evidence satisfactory to the department of all of the following:
440.032(3)(b)2.a.
a. The applicant has been diagnosed by a physician as deaf or hard of hearing.
440.032(3)(b)2.b.
b. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on the role and function of deaf interpreters.
440.032(3)(b)2.c.
c. The applicant has completed 8 hours of training sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, on professional ethics.
440.032(3)(b)2.d.
d. The applicant has obtained letters of recommendation from at least 3 individuals who have held national certification for at least 5 years and who are members in good standing of the Registry of Interpreters for the Deaf, Inc., or its successor, if the letters together document that the applicant has completed at least 40 hours of mentoring, including at least 20 hours observing professional work and at least 10 hours observing certified deaf interpreters.
440.032(3)(b)2.e.
e. The applicant has completed at least 40 hours of training consisting of workshops sponsored by the Registry of Interpreters for the Deaf, Inc., or its successor, or other relevant courses.
440.032(3)(b)2.f.
f. The applicant is an associate or student member of the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(b)3.
3. A license granted under
subd. 1. or
2. may be renewed twice and is not valid upon the expiration of the 2nd renewal period.
440.032(4)
(4) Notification required. A person who is licensed under
sub. (3) shall notify the department in writing within 30 days if the person's certification or membership specified in
sub. (3) that is required for the license is revoked or invalidated. The department shall revoke a license granted under
sub. (3) if such a certification or membership is revoked or invalidated.
440.032(5)
(5) License renewal. The renewal dates for licenses granted under
sub. (3) (a) are specified in
s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under
s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification or membership specified in
sub. (3) that is required for the license has not been revoked or invalidated.
440.032(6)
(6) Council. The council shall do all of the following:
440.032(6)(a)
(a) Make recommendations to the department regarding the promulgation of rules establishing a code of ethics that governs the professional conduct of persons licensed under
sub. (3).
440.032(6)(b)
(b) Advise the department regarding the promulgation and implementation of rules regarding the practice of sign language interpreters.
440.032(6)(c)
(c) Advise the legislature regarding legislation affecting sign language interpreters.
440.032(6)(d)
(d) Promulgate rules establishing a process and criteria for granting exemptions under
sub. (2) (c) 2.
440.032(6)(e)
(e) Assist the department in alerting sign language interpreters and the deaf community in this state to changes in the law affecting the practice of sign language interpreters.
440.032(7)(a)(a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in
sub. (3).
440.032(7)(b)
(b) After considering the recommendations of the council, the department shall promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under
sub. (3). In promulgating rules under this paragraph, the department shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.
440.032(8)
(8) Disciplinary proceedings and actions. Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under
sub. (3) or may deny, limit, suspend, or revoke a license granted under
sub. (3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.
440.032(9)
(9) Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.
440.032 History
History: 2009 a. 360.
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). The department may also make the register available to the public by electronic transmission.
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, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.
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(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. The secretary shall appoint an advisory committee to advise the department on matters relating to making investigations, conducting hearings, and taking disciplinary action under
s. 440.986. 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.
440.045
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
The relationship between the department, cosmetology examining board, and governor is 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,
444.03,
444.11,
446.02 (2) (c),
447.04 (2) (c) 2.,
449.17 (1m) (d), and
449.18 (2) (d):
440.05(1)(a)(a) Initial credential: An amount determined by the department under
s. 440.03 (9) (a). 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, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under
s. 45.44.
440.05(1)(b)
(b) Examination: If an examination is required, the applicant shall pay an examination fee to the department. If the department prepares, administers, or grades the examination, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of preparing, administering, or grading the examination. If the department approves an examination prepared, administered, and graded by a test service provider, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of approving the examination, including selecting, evaluating, and reviewing the examination.
440.05(2)(a)(a) 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: Except as provided in
par. (b), the applicable credential renewal fee determined by the department under
s. 440.03 (9) (a) and, if an examination is required, an examination fee under
sub. (1).
