Chapter PI 34

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:

PI 34.104(2)(a) (a) The cause of the revocation no longer exists.

PI 34.104(2)(b) (b) Reinstatement will not endanger the health, welfare, safety, or education of any pupil.

PI 34.104(2)(c) (c) If the license was revoked under s. 115.31 (2g), Stats., the individual meets the requirements of s. 115.31 (2r), Stats.

PI 34.104(3) (3) Decision. The state superintendent shall issue a written decision within 60 days of receiving a written request under sub. (1). If the state superintendent denies the request, the decision shall inform the individual of the legal and factual basis for denying the request, and that the individual may submit a written request for a hearing within 30 days following receipt of the decision. Receipt of the decision is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.

PI 34.104 History History: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.

PI 34.105 PI 34.105 Conduct of hearings. A hearing under this subchapter shall use the following procedures:

PI 34.105(1) (1) Type of proceeding.

PI 34.105(1)(a) (a) A license denial hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 60 days after the receipt of a request under s. PI 34.103 (3).

PI 34.105(1)(b) (b) A license revocation hearing shall be conducted as a class 2 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 90 days after receipt of a request under s. PI 34.102 (2).

PI 34.105(1)(c) (c) A license reinstatement hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats.

PI 34.105(2) (2) Hearing examiner. The state superintendent shall appoint a hearing examiner to preside over a hearing conducted under this subchapter. The hearing examiner shall have the authority described under s. 227.46 (1), Stats.

PI 34.105(3) (3) Notice of hearing. The state superintendent shall provide the individual requesting a hearing under this subchapter with at least 20 days written notice of the hearing. The notice may be served by mailing a copy to the last known address of the individual. Service by mail is complete upon mailing.

PI 34.105(4) (4) Discovery. Except for an appeal of a denial under s. PI 34.103 or a request for reinstatement under s. PI 34.104, the state superintendent and the applicant or licensee may, prior to the date set for the hearing, conduct discovery as provided under ch. 804, Stats. The hearing examiner may do any of the following:

PI 34.105(4)(a) (a) Issue protective orders, including orders to terminate or limit examinations.

PI 34.105(4)(b) (b) Establish deadlines for completing discovery.

PI 34.105(4)(c) (c) Compel discovery.

PI 34.105(4)(d) (d) Require sanctions as provided under s. 804.12, Stats., or other remedies as appropriate for failure to comply with an order issued under this subsection.

PI 34.105(5) (5) Motions. All motions, except those made at a hearing, shall be in writing filed with the hearing examiner and a copy served on the opposing party not later than 10 days before the time specified for hearing the motion.

PI 34.105(6) (6) Witnesses and evidence. The state superintendent and the applicant or licensee shall have the right to do all of the following in a hearing:

PI 34.105(6)(a) (a) Appear in person or with counsel.

PI 34.105(6)(b) (b) Call, examine, and cross-examine witnesses.

PI 34.105(6)(c) (c) Introduce evidence into the record.

PI 34.105(7) (7) Subpoenas. A party’s attorney or the hearing examiner may issue subpoenas for the attendance of any witness at a hearing as provided under s. 227.45 (6m). A subpoena may command a person to produce books, papers, documents, or other tangible things. Witnesses subpoenaed shall be entitled to compensation as provided under ch. 885, Stats.

PI 34.105(8) (8) Failure to appear or defaults.

PI 34.105(8)(a) (a) If an applicant fails to appear at a license denial hearing, the state superintendent shall dismiss the applicant’s request for a hearing.

PI 34.105(8)(b) (b) If a licensee fails to answer as required under s. PI 34.102 (3) or fails to appear at the license revocation hearing at the time set by the notice under sub. (3), the licensee is in default and the state superintendent may make findings and enter an order without a hearing on the basis of the notice of probable cause and intent to revoke and other evidence. Only upon showing of good cause, the state superintendent may relieve the licensee from the effect of such findings and permit the licensee to answer and defend against the notice of probable cause and intent to revoke.