Chapter SPS 31

SPS 31.036(1)(e) (e) The fee specified in s. 440.05 (1), Stats.

SPS 31.036(1)(f) (f) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

SPS 31.036(1)(g) (g) A statement signed by an authorized representative of a licensed private detective agency, showing that the applicant will be employed by the agency when acting as a private security person.

SPS 31.036(2) (2) An applicant who is or who has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s ability to perform private detective or private security activities responsibly shall provide the department all information necessary for the department to determine the applicant’s fitness to practice.

SPS 31.036(3) (3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

SPS 31.036(4) (4) The department shall issue a temporary private security permit pursuant to s. 440.26 (5r), Stats.

SPS 31.036 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b); cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; CR 04-097: r. (1m) Register May 2005 No. 593, eff. 6-1-05; correction in (1) (b) made under s. 13.93 (2m (b) 7., Stats., Register May 2005 No. 593.

SPS 31.037 SPS 31.037 Reciprocity for service members, former service members, and their spouses. A reciprocal private detective or private security person license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

SPS 31.037 Note Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call [phone].

SPS 31.037 History History: CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

SPS 31.04 SPS 31.04 Examination for private detective licensure.

SPS 31.04(1) (1) Administration. At least once every month the department shall administer or cause to be administered an examination for the licensure of private detectives.

SPS 31.04(3) (3) Subjects tested. The examination shall test the applicant’s knowledge or competence in those areas which the department, after consultation with subject matter experts, determines are appropriate for testing the applicant’s knowledge for protection of public health and safety.

SPS 31.04(4) (4) Dishonest act. An applicant may not engage in dishonest acts relating to the examination. The actions taken by the department when dishonest acts occur shall be related to the seriousness of the offense. These actions may include withholding the applicant’s score, entering a failing grade for the applicant, and suspending the ability of the applicant to sit for an examination for a specific period of time after the examination in which the dishonest acts occurred.

SPS 31.04(5) (5) Passing score. The score required to pass the examination shall be based on the department’s determination of the level of examination performance required for minimum acceptable competence in the profession. The department shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession.

SPS 31.04(6) (6) Examination review.

SPS 31.04(6)(a) (a) An applicant who fails the examination may request a review of that examination by filing a written request with the department within 30 days after the date on which examination results were mailed to the applicant.

SPS 31.04(6)(b) (b) An examination review shall be conducted under the following conditions:

SPS 31.04(6)(b)1. 1. The time for review shall be limited to one hour.

SPS 31.04(6)(b)2. 2. The examination shall be reviewed only by the applicant and in the presence of a proctor.

SPS 31.04(6)(b)3. 3. The proctor may not respond to inquiries by the applicant regarding allegations of examination error.

SPS 31.04(6)(b)4. 4. Any comments or claims of error regarding specific questions or procedures in the examination may be placed in writing on the form provided for this purpose. The department shall review the comments or claims in consultation with a subject matter expert. The department shall notify the applicant in writing of the department’s decision. If the decision does not result in a passing grade, the applicant may retake the examination or file a claim of examination error pursuant to sub. (7).

SPS 31.04(6)(b)5. 5. An applicant shall be permitted only one review of the failed examination each time it is taken and failed.

SPS 31.04(7) (7) Claim of examination error.

SPS 31.04(7)(a) (a) An applicant wishing to claim examination error must file a written request for department review in the department office within 30 days of the date the examination was reviewed. The request shall include:

SPS 31.04(7)(a)1. 1. The applicant’s name and address;

SPS 31.04(7)(a)2. 2. The type of license applied for;

SPS 31.04(7)(a)3. 3. A description of the perceived error; including specific questions or procedures claimed to be in error; and

SPS 31.04(7)(a)4. 4. The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

SPS 31.04(7)(b) (b) The department shall review the request in consultation with a subject matter expert. The applicant shall be notified in writing of the department’s decision.

SPS 31.04(7)(c) (c) If the decision does not result in a passing grade, the applicant may retake the examination or request a hearing under s. SPS 1.05.

SPS 31.04(8) (8) Examination retakes.

SPS 31.04(8)(a) (a) There is no limit to the number of times an applicant may take the examination.

SPS 31.04(8)(b) (b) An applicant who reviews the examination pursuant to sub. (6) may not retake the examination within 30 days after the date on which the examination was reviewed.

SPS 31.04(8)(c) (c) An applicant who passes the examination and remains unlicensed for one year or more after the date of the examination shall again take and pass the examination before being licensed.

SPS 31.04 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. (3) (a) to (b), am. (5), Register, December, 1994, No. 468, eff. 1-1-95; r. (2), r. and recr. (3), (4), (6), (7) (b) and (c) and am. (8), Register, November, 1997, No. 503, eff. 12-1-97; correction in (7) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 31.05 SPS 31.05 Denial of credential.

SPS 31.05(1) (1) An application for a credential under this chapter may be denied for any of the following reasons:

SPS 31.05(1)(a) (a) The applicant commits fraud or misrepresentation in the application for a credential.

SPS 31.05(1)(b) (b) The applicant has a physical, emotional or mental condition which might adversely affect performance of duties relating to the credential for which he or she has applied.

SPS 31.05(1)(c) (c) The applicant is dependent on alcohol to such a degree that it interferes with his or her physical or mental health or social or economic functioning, except that the department in the exercise of its discretion may issue a credential if the person submits to examination, evaluation, treatment, and monitoring as directed by the department.

SPS 31.05(1)(d) (d) The applicant is addicted to the use of controlled substances or controlled substance analogs, except that the department in the exercise of its discretion may issue a credential if the person submits to examination, evaluation, treatment, and monitoring as directed by the department.

SPS 31.05(1)(e) (e) The applicant’s conduct is a ground for discipline of a credential holder under s. SPS 35.01.

SPS 31.05(2) (2) The department may require an applicant to undergo one or more physical, mental, alcohol or drug abuse evaluations and the department may consider the results of such evaluations if it believes that the results may be useful to the department in evaluating an applicant for a credential. The costs of evaluation shall be the responsibility of the applicant.

SPS 31.05 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 31.06 SPS 31.06 Additional licensing requirements.

SPS 31.06(1) (1) In this section ‘‘trade name” means a name that is in addition to the name under which a person obtained a private detective agency license.

SPS 31.06(2) (2) A person who is licensed as a private detective agency shall, before doing business under any trade name, notify the department in writing of the trade name.

SPS 31.06 History History: Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.