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.)
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
Suspension of occupational licenses
The Department of Regulation and Licensing has the authority to promulgate rules for procedures for the summary suspension of occupational licenses. Summary suspension of occupational licenses may constitutionally be invoked only in emergency situations and then only if the licensee is afforded a prompt hearing on whether the summary suspension should continue until a decision is made after a full hearing on the merits of the license deprivation. 76-110
REIMBURSEMENT
See also APPROPRIATIONS AND EXPENDITURES; PUBLIC OFFICIALS
Attorneys' fees
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
County Board supervisors
Only County Board supervisors can serve on committees of the County Board under sec. 59.06, Stats., and persons who are not supervisors cannot serve or be compensated by per diem or receive reimbursement for expenses. 65-303
Health and Social Services, Department of
The Department of Health and Social Services may not reimburse counties for administrative costs incurred in providing temporary assistance to state dependents. 70-17
Legal expenses
A city may reimburse a commissioner of the City Redevelopment Authority for his legal expenses incurred where charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the Common Council to be unsupported. Such reimbursement is discretionary. The City Redevelopment Authority lacks statutory authority to authorize reimbursement for such legal expenses. 63-421
Claim for expense reimbursement by a public officer, under specific fact situation, is both an action taken in such officer's official capacity and an action growing out of performance of official duties thereby permitting municipal government to pay expenses associated with criminal charge against such officer based upon such claim pursuant to sec. 895.35, Stats. 71-4
Records relating to health care professionals. (Unpub.). 10-1984
State automobiles
The reimbursement rate payable by state employes for personal use of state automobiles is the rate set forth in the Uniform Travel Schedule for state reimbursement of state employes for business use of personal automobiles when a state-owned automobile is not available. (Unpub.). 63-1982
RELIGION
Capitol grounds
A group of churches is entitled to a permit under sec. 16.845, Stats., to use the Capitol grounds for a planned civic or social activity even if the content of the program is partly religious in nature. 68-217
Christmas pageant
The described Christmas pageant presented by the Madison Civic Music Association, Inc., in the Capitol does not involve governmental advancement or inhibition of religion or governmental entanglement with religion as contemplated and prohibited by Wis. Const. art. I, sec. 18. 67-180
Driver's license photographs
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the First Amendment, United States Constitution and of Wis. Const. art. I, § 18. 75-115
Education
Wisconsin Constitution art. I, sec. 18, prohibiting the drawing of money from the Treasury for the benefit of religious societies, or religious or theological seminaries is a proscription against using public monies for such purpose. Section 3 of 1977 Assembly Bill 500 which purports to establish a separate fund outside of the State Treasury if enacted would not avoid this prohibition since the public nature of the money is not changed. 67-71
Foster homes
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
Nursing homes
Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. 70-210
Nursing homes operated by religious or fraternal orders, whose politics restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
Prayer
University of Wisconsin athletes may not engage in voluntary prayer led by a coach prior to an athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75-81
Public schools leasing classrooms
The Establishment Clause of the First Amendment to the U.S. Constitution and Wis. Const. art. I, sec. 18, prohibit public schools leasing classrooms from parochial schools in order to provide educational programs for parochial school students. 67-283
Relocation Assistance Act
Religious societies incorporated under ch. 187, Stats., are "persons" within the meaning of the Relocation Assistance Act and are entitled to the benefits of such Act if they otherwise qualify. 63-578
St. Coletta School
St. Coletta School cannot receive public funds because its governing body is chosen by a religious organization and part of its teachings are sectarian. (Unpub.). 10-1977
