Chapter PI 34

PI 34.095(1) (1) Authorization. A license issued under this section authorizes the license holder to be employed by a school district as a short-term substitute in an educational interpreter assignment.

PI 34.095(2) (2) Eligibility. The state superintendent may issue an educational interpreter, short-term substitute license under this section to an applicant who meets one of the following requirements:

PI 34.095(2)(a) (a) Provides evidence of a passing score on the educational interpreter performance assessment. The passing score shall be set by the state superintendent in consultation with the state superintendent’s advisory council on deaf and hard of hearing programs.

PI 34.095 Note Note: Information regarding the passing score may be obtained at no charge from the Wisconsin department of public instruction’s webpage at https://dpi.wi.gov/licensing/apply-educator-license/other/ed-interpreter.

PI 34.095(2)(b) (b) Obtains or maintains one of the licenses or certifications listed under s. PI 34.086 (3) (a).

PI 34.095(3) (3) Renewal. A license issued under this section may be renewed if the licensee meets the requirements under sub. (2).

PI 34.095(4) (4) Duration. A license issued under this section is valid for 5 years.

PI 34.095 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18; CR 20-057: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b) Register April 2021 No.784.

PI 34.096 PI 34.096 Junior Reserve Officer Training Corps instructor license.

PI 34.096(1) (1) Authorization. A license issued under this section authorizes the license holder to teach the courses specified under s. 118.1915 (2), Stats.

PI 34.096(2) (2) Eligibility. The state superintendent may issue a license under this section to an individual who meets the requirements under s. 118.1915 (1), Stats.

PI 34.096(3) (3) Duration. A license issued under this section is valid for 5 years.

PI 34.096(4) (4) Renewal. A license issued under this section may be renewed.

PI 34.096 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

subch. XI of ch. PI 34 Subchapter XI — Professional Misconduct

PI 34.097 PI 34.097 Definitions. In this subchapter:

PI 34.097(1) (1) “Applicant” means a person who applies for or seeks to renew a license from the state superintendent.

PI 34.097(2) (2) “Hearing examiner” means the person designated to preside over a contested case hearing, making findings of fact, conclusions of law, and issue a proposed decision and order to the state superintendent.

PI 34.097(3) (3) “Immoral conduct” has the meaning given in s. 115.31 (1) (c), Stats.

PI 34.097(4) (4) “Incompetence” or “incompetent” means a pattern of inadequate performance of duties or the lack of ability, legal qualifications or fitness to discharge required duties, and which endangers the health, welfare, safety or education of any pupil.

PI 34.097(5) (5) “License holder” or “licensee” means a person holding a license or having the right to renew a license.

PI 34.097(6) (6) “Reinstatement” means restoring all of the rights and privileges associated with a license.

PI 34.097(7) (7) “Restrict” means to impose conditions and requirements upon the license holder, and to limit the scope of the licensee’s practice.

PI 34.097(8) (8) “Revoke” means to terminate all of the rights and privileges associated with a license.

PI 34.097(9) (9) “State superintendent” means that state superintendent of public instruction or a designee.

PI 34.097(10) (10) “Suspend” means to completely and absolutely withdraw and withhold for a period of time all rights, privileges, and authority previously conferred by a license.

PI 34.097 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.098 PI 34.098 Standards for revocation.

PI 34.098(1) (1) The state superintendent may revoke a license if any of the following apply:

PI 34.098(1)(a) (a) The state superintendent establishes by a preponderance of the evidence that the licensee engaged in immoral conduct or was incompetent.

PI 34.098(1)(b) (b) The licensee had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.

PI 34.098(2) (2) The state superintendent may revoke a driving education license if the state superintendent establishes by a preponderance of the evidence that any of the following occur:

PI 34.098(2)(a) (a) The licensee has more than 6 demerit points or a major violation charged by the department of transportation or the equivalent charged by an authority in another jurisdiction within a 12-month period.

PI 34.098(2)(b) (b) The licensee is convicted of operating a motor vehicle while intoxicated or a similar crime in this state or another jurisdiction.

PI 34.098(2)(c) (c) The licensee’s driving license is suspended or revoked by the department of transportation or by another jurisdiction.

PI 34.098(3) (3) The state superintendent shall revoke a license as provided under s. 115.31 (2g) and (6m).

PI 34.098(4) (4) The state superintendent shall suspend or restrict a license as provided under s. 115.315, Stats.

PI 34.098 History History: CR 17-093: cr. Register May 2018 No. 751 eff. 6-1-18; correction in (3) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.099 PI 34.099 Complaints.

PI 34.099(1) (1) Inquiries. The state superintendent shall, at his or her initiative or upon receipt of a written complaint, make inquiries necessary to determine whether to conduct an investigation under s. PI 34.100 which may lead to license revocation.

PI 34.099(2) (2) Notification. The state superintendent shall acknowledge, in writing, any written complaint and notify the complainant whether an investigation is being conducted under s. PI 34.100 which may lead to license revocation.

PI 34.099 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.100 PI 34.100 Investigations.

PI 34.100(1) (1) Conduct of investigations. If the state superintendent determines that an investigation should be conducted, the state superintendent shall do all of the following:

PI 34.100(1)(a) (a) Appoint a person to serve as the investigator.

PI 34.100(1)(b) (b) Notify the licensee that an investigation is proceeding, the specific allegations or complaint against the licensee, and that the licensee may respond to the investigator regarding the complaint or allegation.

PI 34.100(1)(c) (c) Except as provided under s. 115.31 (6) (b), Stats., maintain as confidential all files, communications, and other information pertaining to the investigation.

PI 34.100(2) (2) Settlements. All stipulations or settlement agreements disposing of any investigation may not be effective or binding in any respect until reduced to writing, signed by the licensee, and approved by the state superintendent.

PI 34.100 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.101 PI 34.101 No probable cause. If the state superintendent determines, based on the investigation under s. PI 34.100, that there is no probable cause to revoke a license, the state superintendent shall promptly notify the license holder and the complainant that the investigation is concluded and that there is no probable cause for revoking the license.

PI 34.101 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.102 PI 34.102 Probable cause.

PI 34.102(1) (1) Notice. If the state superintendent determines, based on an investigation under s. PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:

PI 34.102(1)(a) (a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following:

PI 34.102(1)(a)1. 1. The specific charges.

PI 34.102(1)(a)2. 2. The state superintendent’s intent to revoke the license.

PI 34.102(1)(a)3. 3. The licensee’s right to request a hearing within 30 days following service of the notice.

PI 34.102(1)(a)4. 4. Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.

PI 34.102(1)(b) (b) Notify the complainant and, if known, the school board or other public or private educational agency employing the licensee in a position requiring a license of the finding of probable cause and the specific charges.

PI 34.102(2) (2) Request for a hearing. If the state superintendent issues a notice under sub. (1), the licensee may serve a written request for a hearing to the state superintendent within 30 days following receipt of the notice. Receipt of the notice is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

PI 34.102(3) (3) Answer. Within 10 days following the licensee’s written request for a hearing under sub. (2), the licensee shall provide an answer to the notice issued under sub. (1). The answer shall contain all of the following:

PI 34.102(3)(a) (a) State in short and plain terms the defenses to each cause for revocation asserted.

PI 34.102(3)(b) (b) Set forth affirmatively any matter constituting an affirmative defense.

PI 34.102(3)(c) (c) Admit or deny each allegation upon which the notice relies as follows:

PI 34.102(3)(c)1. 1. If the licensee is without knowledge or information sufficient to form a belief as to the truth of an allegation, the licensee shall so state and this will have the effect of a denial.

PI 34.102(3)(c)2. 2. The licensee shall make denials as specific denials of designated allegations or paragraphs, but if the licensee intends in good faith to deny only part of an allegation, the licensee shall specify what part of it is true and material and shall deny only the remainder.

PI 34.102(3)(c)3. 3. Specific allegations in the notice are admitted when not specifically denied in the answer.

PI 34.102(4) (4) Service. The notice of probable cause and intent to revoke may be served by mailing a copy to the last known address of the licensee or by any other procedure under s. 801.14 (2), Stats. A request for hearing may be served by mailing a copy to the state superintendent at the address given on the notice of probable cause and intent to revoke or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.

PI 34.102 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.103 PI 34.103 Denials.

PI 34.103(1) (1) When issued.

PI 34.103(1)(a) (a) The state superintendent shall deny an application as provided under s. 118.19 (1m), (1r), and (4), Stats.

PI 34.103(1)(b) (b) The state superintendent shall deny an application if the applicant has not met the requirements for a license under this chapter or ch. 118, Stats.

PI 34.103(1)(c) (c) The state superintendent may deny an application if any of the following occur:

PI 34.103(1)(c)1. 1. The applicant engaged in immoral conduct or was incompetent.

PI 34.103(1)(c)2. 2. The applicant had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.

PI 34.103(1)(c)3. 3. The applicant provided false, inaccurate, or incomplete information on an application.

PI 34.103(2) (2) Notice. If the state superintendent denies an application under sub. (1), the state superintendent shall provide written notice to the applicant of the decision. The notice shall inform the applicant of the legal and factual basis for denying the application, and that the applicant may request a hearing within 30 days following receipt of the denial. Receipt of the denial is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

PI 34.103(3) (3) Request for a hearing. If the state superintendent denies an application under this section, the applicant may request a hearing by serving the state superintendent with a written request containing all of the following:

PI 34.103(3)(a) (a) The applicant’s name.

PI 34.103(3)(b) (b) The type of license for which the applicant has applied.

PI 34.103(3)(c) (c) The reasons why the applicant requests a hearing.

PI 34.103(3)(d) (d) The facts which the applicant intends to prove at the hearing.

PI 34.103(3)(e) (e) A description of the mistake the applicant believes was made, if the applicant claims that the denial of the license is based on a mistake of fact or law.

PI 34.103(4) (4) Service. The notice of denial under sub. (2) may be served by mailing a copy to the last known address of the applicant or by any other procedure under s. 801.14 (2), Stats. The request for a hearing under sub. (3) may be served by mailing a copy to the state superintendent at the address given on the notice of denial or by any other procedure under s. 801.14 (2), Stats. Service by mail is complete upon mailing.

PI 34.103 History History: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751.

PI 34.104 PI 34.104 Request for reinstatement.

PI 34.104(1) (1) Request. An individual whose license has been revoked may submit to the state superintendent a written request for reinstatement of the license. The request shall include evidence that the individual meets all of the standards under sub. (2).

PI 34.104(2) (2) Standard for reinstatement. The state superintendent may grant a request under sub. (1) if the individual demonstrates by a preponderance of the evidence that all of the following apply: