Certified copies of birth, death and marriage records
Consistent with his or her respective powers and duties under sections 69.03 and 69.05, Stats., and with the specific uniformity requirement of section 69.03(7), a local registrar does not possess the power to adopt and implement procedures more stringent than those directed by the state registrar of vital statistics for issuing certified copies of a vital record under section 69.21(1). 80-35
The amount payable to a Register of Deeds for issuing certified copies of birth, death and marriage records is $4 if the Register must search for the records but $1 if no search is necessary. 68-311
Certified survey maps
"Mylar" may not be utilized in the place of "durable white paper" in the making of certified survey maps to be recorded in the office of the Register of Deeds, under the provisions of sec. 236.34(1), Stats. (Unpub.). 10-1976
Common-law liens"
Registers of Deeds have no obligation under law to file or record "common law liens," or "common-law writs of attachment" because such instruments do not, as a matter of law, affect an interest in land or personal property, and are frivolous on their face. 69-58
Compatibility
The offices of Register of Deeds and school board member of a common school district are compatible. (Unpub.). 79-1976
County
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246
Death certificate
The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of identity containing a legal description of the premises, the date and place of death of the decedent and full identification of both the decedent and the surviving joint tenant. County and municipal tax listing officials and the register of deeds have no authority to record or file any vital record including a death certificate except where the register of deeds acts as the local registrar under section 69.07, Stats. 80-73
Duties
A register of deeds may not refuse to record instruments that are recordable under state law but are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map in connection with certain land divisions, even if requested or directed to do so by county ordinance. 79-40
Joint tenants
The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of identity containing a legal description of the premises, the date and place of death of the decedent and full identification of both the decedent and the surviving joint tenant. County and municipal tax listing officials and the register of deeds have no authority to record or file any vital record including a death certificate except where the register of deeds acts as the local registrar under section 69.07, Stats. 80-73
Register of Deeds is not authorized to collect and forward to the county court fees set forth in sec. 253.34(1)(a), Stats., where sec. 867.045, Stats., is used for administrative joint tenancy termination for homes. Register of Deeds can administer oath under sec. 867.045(2)(b), Stats. 62-192
Microfilm
Although Register of Deeds can utilize microfilm and photocopies with County Board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59. 54, Stats. 67-114
Photocopies
Although Register of Deeds can utilize microfilm and photocopies with County Board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59.54, Stats. 67-114
Plats
1. Section 236.20(1)(a), Stats., requires that plats be submitted on the paper described therein. Plats submitted on other paper are objectionable. 2. Only the original ink-drawn plat on the required paper can be recorded with the Register of Deeds. 67-8
Public lands
Requirements for relocating, establishing and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, Stats., requires that resurveys of the public lands be recorded with the Register of Deeds in the county where the resurveyed land is located and kept as the County Board directs by resolution as long as a separate index is maintained. 66-126
Real estate transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
Restrictive covenants in documents
A county board lacks statutory authority to enact ordinances directing the register of deeds to refuse to record documents containing restrictive covenants or requiring the register of deeds to place notices on liber volumes and copies of real estate documents, directing the public's attention to the possibility that such covenants may be legally unenforceable. 77-262
Survey maps
Certified survey maps provided for by sec. 236.34, Stats., are corrected by subsequent recording of corrected survey maps. 66-90
Tract index system
In a county maintaining a tract index system, the Register of Deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions an indexed tract or any part thereof. 63-254
When in its judgment the existing tract index, for any reason, is unfit, unreliable or unserviceable, the county board of any county may contract with a competent person for the compilation of a new and corrected tract index. A performance bond may be required. 65-258
REGISTERED NURSES
See NURSES
REGULATION AND LICENSING, DEPARTMENT OF
Acquired Immune Deficiency Syndrome
Licensing boards do not have the authority to enact general regulations which would allow them to suspend, deny or revoke the license of a person who has a communicable disease. However, licensing boards do have the authority on a case-by-case basis to suspend, deny or revoke the license of a person who poses a direct threat to the health and safety of other persons or who, by reason of the communicable disease, is unable to perform the duties of the licensed activity. 77-223
Compatibility
A member of a licensing board is not, as a matter of law, precluded from holding membership in or acting as an officer of a private professional society or association. 62-58
Communicable disease
Licensing boards do not have the authority to enact general regulations which would allow them to suspend, deny or revoke the license of a person who has a communicable disease. However, licensing boards do have the authority on a case-by-case basis to suspend, deny or revoke the license of a person who poses a direct threat to the health and safety of other persons or who, by reason of the communicable disease, is unable to perform the duties of the licensed activity. 77-223
Cosmetology Examining Board
Relationship between the Department of Regulation and Licensing, its Secretary, the Cosmetology Examining Board and the Governor discussed in the areas of personnel, examinations and educational activities. 70-172
Disciplinary proceedings; standard of proof
Placing the lowest standard of proof -- preponderance of the evidence -- upon the Department of Regulation and Licensing and the licensing boards attached to it, in proceedings that could result in a decision adversely affecting an occupational or professional license does not offend the Fourteenth Amendment due process requirement. 75-76
Health care professionals, records relating to
The Public Records Law permits the Department of Regulation and Licensing to refuse to disclose records relating to complaints against health care professionals while the matters are merely "under investigation"; good faith disclosure of the same will not expose the custodian to liability for damages; and prospective continuing requests for records are not contemplated by the Public Records Law. 73-37
Hearing examiner
Section 227.09(5), Stats., absolutely requires use of a hearing examiner if an examining board member participates in the decision to commence a proceeding against a licensee, but does not require such use if a board member is involved only in the investigation. 66-52
Officers of boards
Selection and terms of officers of regulatory and licensing boards discussed. 75-247
Public records
Neither sec. 19.21(2), Stats., nor any other statute requires or authorizes the Department of Regulation and Licensing to have pre-addressed mailing labels for persons in various licensed professions printed up by computer programs and processes for use by private persons or corporations even where a charge is made. The Department cannot deny inspection and copying to protect licensees from unsolicited mail. 68-231
Raffles
Provisions of chapter 163 regarding eligibility for raffle license, scope of ticket sales, restrictions on ticket sales and payment of fees or salaries discussed. 75-273
Rehabilitation Act of 1973 (U.S.)
