440.03(13)(a)(a) The department may conduct an investigation to determine whether an applicant for a credential issued under
chs. 440 to
480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of
pars. (b) and
(c).
440.03(13)(am)
(am) A person holding a credential under
chs. 440 to
480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
440.03(13)(b)
(b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in
par. (c) and
s. 448.980 (5) (b) 3.:
Effective date note
NOTE: Par. (b) (intro.) is amended eff. 12-16-19 by
2015 Wis. Act 116 to read:
Effective date text
(b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c):
440.03(13)(b)5m.
5m. Substance abuse counselor, clinical supervisor, or prevention specialist.
440.03 Note
NOTE: Subd. 38m. is created by
2013 Wis. Act 244 effective the 1st day of the 3rd month beginning after the legislative reference bureau receives the notice from the dentistry examining board under section 15 (1) of Act 244.
440.03(13)(b)75.
75. Any other profession or occupation specified by law that is regulated by the department or a credentialing board.
440.03(13)(bm)
(bm) Upon a request by the real estate examining board, the department may conduct an investigation to determine whether an individual seeking a determination by the real estate examining board under the rules promulgated under
s. 452.07 (2) has an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an individual to provide any information that is necessary for the investigation.
440.03(13)(c)
(c) The department shall require an applicant for a private detective license or a private security permit under
s. 440.26, an applicant for a juvenile martial arts instructor permit under
sub. (17), an applicant for a real estate appraiser certification under
s. 458.06 or license under
s. 458.08, and a person for whom the department conducts an investigation under
par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under
s. 458.06 or license under
s. 458.08, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
