Out-of-state applicants
The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49
Pharmacy
A letter of reprimand properly may be imposed only after affording opportunity for hearing as provided for in a Class 2 contested case. Sec. 227.01(2)(b), Stats. If no objection was made by licensees appearing before the Board on previous reprimand hearings and if there was substantial compliance with sec. 227.07, Stats., irregularities in procedure may be considered waived. 67-188
Out-of-state pharmacist not registered in Wisconsin is in violation of secs. 450.04(2) and 450.07(3), Stats., where he or she on a regular and continuing basis solicits orders for the retail sale of prescription drugs, where preparation is out-of-state and delivery is by mail to patients located in Wisconsin. 72-121
Pharmacy Examining Board
The Pharmacy Examining Board may utilize the services of a national examining board in passing on applicants for licensure, but the Board must make the final decision as to licensure. The conditions of post-examination review with applicants discussed. 68-48
Pharmacy Examining Board has discretion under sec. 450.02(6), Stats., as to whether it will register applicants on the basis of registration in another state, but lacks authority to require an examination of such applicants. (Unpub.). 122-1979
Political organizations
If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state income tax purposes within the meaning of the statute. Political subdivisions of the State also are eligible for raffle licenses under the same conditions and for the same reasons. 67-323
Private detectives
Section 440.26, Stats., requiring the licensing of private detectives, does not apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise. 76-35
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Psychology Examining Board
The Psychology Examining Board can require each licensee to supply it with a letter articulating the specialties the licensee intends to incorporate in the licensee's psychological practice. (Unpub.). 26-1979
Public records
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-37
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers, and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Raffle license
If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state income tax purposes within the meaning of the statute. Political subdivisions of the State also are eligible for raffle licenses under the same conditions and for the same reasons. 67-323
To be eligible to obtain a raffle license from the State of Wisconsin, an organization, whether it is tax exempt or not, must qualify as a local organization. If a licensed organization no longer meets the eligibility requirements for licensure during the effective period of the license, such license is subject to revocation or suspension by the Bingo Control Board. 76-115
Real estate broker
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Real Estate Examining Board
Neither secs. 440.20, 452.10(2), Stats., nor rules of the Department of Regulation and Licensing require the Board to hold hearing where citizen files verified complaint with Board requesting institution of disciplinary proceedings against a licensee. Discretion of Board discussed in light of secs. 440.03, 440.20 and 452.10(2), Stats. (1977), and sections RL 2.01-2.17 Wis. Adm. Code. Where Examining Board utilizes hearing examiner to conduct disciplinary hearing without the presence of a majority of officials who are to render a final decision, hearing examiner has power to entertain a motion to dismiss proceedings. Where denied, it amounts to an interim order and need not be preceded by proposed decision; however, where granted, it must be in form of proposed decision and include findings of fact, conclusions of law and order as required by sec. 227.09(2), Stats. Where disciplinary proceedings are involved
Regulatory and licensing boards
Selection and terms of officers of regulatory and licensing boards discussed. 75-247
Religious organization
A facility owned and operated by a religious organization is subject to licensure and regulation under ch. 50, Stats., and Chapter HSS 3 Wis. Adm. Code, unless the facility is a convent, monastery or similar place where residents are all members of a religious hierarchy living in seclusion and operating under a set of religious vows or rules. The Department of Health and Social Services can constitutionally license and regulate Community Based Residential Facilities (CBRFs) operated by religious organizations not exempt under sec. 50.01(1), Stats., or sec. 50.03(9), Stats. Application of CBRF licensure and regulatory requirements to certain facilities operated by the Salvation Army discussed. 71-112
Residency requirements
Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, Stats., must, like nonresidents, apply for a marriage license in the county in which the marriage ceremony will be performed. Persons in military service who are stationed in Wisconsin may obtain marriage licenses in the Wisconsin county in which they reside and Wisconsin residents in the military who are stationed out of state and can show that they intend to remain Wisconsin residents can apply for marriage licenses in their county of residence in Wisconsin. 80-236
School psychologist
Senate Bill 370 would create a new category of licensure, that of school psychologist. Only those licensed could privately practice school psychology. The definition of school psychology could be by administrative rule promulgated by the Psychology Examining Board. (Unpub.). 98-1977
Surveyors, out-of-state
The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49
Suspension or revocation
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-40
Tribal liquor license
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of chapter 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Veterinarian
The Veterinary Examining Board has authority to establish rules of conduct to regulate certified animal technicians but has no authority to suspend or revoke such certificate for violation of the rules. (Unpub.). 100-1977
The Veterinary Examining Board lacks authority to condition the renewal of licenses upon either reexamination or continuing education. 65-35
LIENS
DILHR
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Old age assistance
Statute of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Statute of limitations
Statute of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
LIEUTENANT GOVERNOR
Acting Governor
Lieutenant Governor who becomes Acting Governor may retain Lieutenant Governor's staff. 66-185
Tie breaking vote cast by Lieutenant Governor Russell Olson on the indefinite postponement of 1979 Senate Bill 5. 68-109
LIQUORS
See INTOXICATING LIQUORS
LOANS
See also BANKS AND BANKING; INTEREST
Farmers
