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.)
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
