Chapter DHS 142

DHS 142.05(6) (6) Identify to record users wanting to examine or take notes from records any record that is in poor condition, and require staff assistance to examine or take notes from any record that is in poor condition;

DHS 142.05(7) (7) Prevent public access to legally confidential materials, and in this regard properly maintain public indexes to exclude legally confidential information;

DHS 142.05(8) (8) Maintain general surveillance of vital record users;

DHS 142.05(9) (9) Limit the number of record users admitted to the records area at one time to a number that is compatible with the available space and facilities and that can be subject to surveillance. In this connection a registrar may require appointments and may set reasonable limits on the time the record user spends in the records area;

DHS 142.05(10) (10) Enforce this chapter and ch. 69, Stats. by:

DHS 142.05(10)(a) (a) Reporting suspected criminal activity to the appropriate law enforcement authorities; and

DHS 142.05(10)(b) (b) Excluding offending record users from the records area for the periods of time indicated under s. DHS 142.07 (4); and

DHS 142.05(11) (11) Be subject to the penalties of s. 69.24, Stats., for their own conduct which violates any provision of subch. I of ch. 69, Stats.

DHS 142.05 History History: Cr. Register, June, 1991, 426, eff. 7-1-91.

DHS 142.06 DHS 142.06 Volunteers. Registrars may use trained volunteers to assist record users, do surveillance of record users and maintain and improve the order and condition of records and indexes.

DHS 142.06 History History: Cr. Register, June, 1991, 426, eff. 7-1-91.

DHS 142.07 DHS 142.07 Conditions for users.

DHS 142.07(1) (1) Conditions for admission to the records area. To be admitted to the records area, a person wanting to examine vital records:

DHS 142.07(1)(a) (a) Shall register to examine and take notes from vital records by providing to the registrar or the clerk on duty in the registrar’s office his or her name and address, and identification of the records to be searched such as by individual or family relationship;

DHS 142.07(1)(b) (b) Shall present satisfactory proof of identity to the registrar or clerk on duty in the registrar’s office;

DHS 142.07(1)(c) (c) Shall read the conditions for examining and taking notes from vital records established under s. DHS 142.05 (3) and this section and sign an agreement that he or she has read the conditions and agrees to abide by them;

DHS 142.07(1)(d) (d) May not bring children under the age of 12 into the records area;

DHS 142.07(1)(e) (e) May not bring food or beverages into the records area;

DHS 142.07(1)(f) (f) May not bring a coat or a purse, briefcase, bag or other handcarried item into the records area; and

DHS 142.07(1)(g) (g) May not bring a private copy machine or camera into the records area.

DHS 142.07(2) (2) Conditions for remaining in the record area. Within the records area, a person examining vital records:

DHS 142.07(2)(a) (a) May not smoke;

DHS 142.07(2)(b) (b) May not engage in loud talking, laughing or noisemaking;

DHS 142.07(2)(c) (c) May examine paper records only as a last resort to find individually specified records, except for public indexes and any other compilations that do not contain confidential data;

DHS 142.07(2)(d) (d) May examine only records requested under sub. (1) (a), or records subsequently identified to the registrar by an identifier such as individual or family relationship during the searching process;

DHS 142.07(2)(e) (e) May not examine or try to examine:

DHS 142.07(2)(e)1. 1. Legally confidential records or confidential parts of records unless authorized by law to examine them; or

DHS 142.07(2)(e)2. 2. Paper records that are in poor condition, unless assisted by staff of the registrar’s office;

DHS 142.07(2)(f) (f) May use a pencil but not a pen;

DHS 142.07(2)(g) (g) May not write on a record;

DHS 142.07(2)(h) (h) May not alter, mutilate or destroy a record;

DHS 142.07(2)(i) (i) May not knowingly ask staff of the registrar’s office to perform tasks related to vital records that are prohibited by statute or rule;

DHS 142.07(2)(j) (j) Shall turn over to staff of the registrar’s office any public index or particular vital record that they need to use in the conduct of daily business; and

DHS 142.07(2)(k) (k) Shall comply with any conditions posted under s. DHS 142.05 (3) of the registrar’s office that relate to handling vital records.

DHS 142.07(3) (3) Consequences of not meeting conditions for admission. No person may be admitted to the records area unless he or she complies with all requirements under sub. (1).

DHS 142.07(4) (4) Penalties for violating conditions of use.

DHS 142.07(4)(a) (a) A record user who violates sub. (2) (a), (b), (c), (f), (g), (j) or (k) shall be given one oral warning to stop and, if the violation continues, shall be required to leave the records area for the day.

DHS 142.07(4)(b) (b) A record user who violates sub. (2) (d) shall be given one oral warning not to use records that were not specified under sub. (1) (a) and, if the violation continues, shall be asked to leave the office for the day.

DHS 142.07(4)(c) (c) A record user who violates sub. (2) (e) shall be required to leave the records area immediately and shall be barred from the records area for 2 months. A second violation within a 12 month period shall result in the user’s exclusion from the records area for 6 months, and a third violation within the 12 month period shall result in exclusion for an additional 6 months and a notice of the violation sent to all registrars in the state.

DHS 142.07(4)(d) (d) A record user who violates sub. (2) (h) or (i) shall be required to leave the records area immediately and not return for at least 6 months. A second violation within a 12 month period shall result in exclusion from the records area for one year, and each succeeding violation shall result in exclusion for an additional year. A notice of each violation shall be sent to all registrars in the state.

DHS 142.07 History History: Cr. Register, June, 1991, 426, eff. 7-1-91.