Chapter VE 3

VE 3.82   Administrative law judge.

VE 3.84   Settlements.

VE 3.86   Conduct of public hearing.

VE 3.88   Witness fees and costs.

VE 3.90   Record of proceedings, transcripts.

VE 3.92   Decision.

VE 3.94   Service of decision.

VE 3.96   Final decision and order.

Ch. VE 3 Note Note: Chapter VE 3 as it existed on September 30, 1989 was repealed and a new Chapter VE 3 was created effective October 1, 1989. Chapter VE 3 as it existed on July 31, 2022, was repealed and a new Chapter VE 3 was created effective August 1, 2022.

subch. I of ch. VE 3 Subchapter I — Authority and Definitions

VE 3.01 VE 3.01 Authority. The rules in this chapter are adopted by the veterinary examining board pursuant to the authority in ss. 89.03 (1), 227.11 (2) (a) and 227.51 (3), Stats.

VE 3.01 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.02 VE 3.02 Definitions. In this chapter:

VE 3.02(1) (1) “Administrative injunction” means a special order enjoining a person from the continuation of a practice or use of a title without a credential required under ch. 89, Stats.

VE 3.02(2) (2) “Administrative law judge” means the administrative law judge assigned by the division to hear a disciplinary proceeding or summary suspension or limitation appeal, on behalf of the board, or an administrative injunction proceeding on behalf of the department.

VE 3.02(3) (3) “Board” means the veterinary examining board.

VE 3.02(4) (4) “Case advisor” means a member of the board assigned to assist disciplinary counsel in an investigation of an informal complaint about a credential holder.

VE 3.02(5) (5) “Complainant” means the person who signs a complaint.

VE 3.02(6) (6) “Complaint” means the formal charging of violations against a credential holder in a disciplinary proceeding.

VE 3.02(7) (7) “Court-ordered injunction” means a judgment and order by a court of competent jurisdiction enjoining a person from the continuation of a practice or use of a title without a credential required under ch. 89, Stats.

VE 3.02(8) (8) “Credential” means a license, certification, or permit that is issued under ch. 89, Stats.

VE 3.02(9) (9) “Credential holder” means an individual holding any license, permit, or certificate granted by the board, or having any right to renew a license, permit, or certificate granted by the board.

VE 3.02(10) (10) “Department” has the meaning set forth at s. 89.02 (3d), Stats.

VE 3.02(11) (11) “Department counsel” means the department attorney assigned an informal complaint against any person who may be continuing a practice or use of a title without a credential required under ch. 89, Stats.

VE 3.02(12) (12) “DHA” means the division of hearings and appeals in the department of administration.

VE 3.02(13) (13) “Division” means the division of animal health in the department.

VE 3.02(14) (14) “Disciplinary counsel” means the department attorney assigned an informal complaint against a credential holder.

VE 3.02(15) (15) “Disciplinary proceeding” means an administrative proceeding against a credential holder for any alleged violations of law constituting misconduct.

VE 3.02(16) (16) “Informal complaint” means any written information submitted to the board or department by any person, which alleges facts that, if true, warrant action including an administrative warning, discipline, or an injunction.

VE 3.02(17) (17) “Minor violation” means all of the following:

VE 3.02(17)(a) (a) No significant harm was caused by misconduct of the credential holder.

VE 3.02(17)(b) (b) Continued practice by the credential holder presents no immediate danger to the public.

VE 3.02(17)(c) (c) If prosecuted, the likely result of prosecution would be a reprimand or a limitation requiring the credential holder to obtain additional education.

VE 3.02(17)(d) (d) The complaint does not warrant use of prosecutorial resources.

VE 3.02(18) (18) “Misconduct” means a violation of a statute, rule, or regulation related to the profession or other conduct for which discipline may be imposed under ch. 89, Stats.

VE 3.02(19) (19) “Petition” means a petition for summary credential suspension or limitation or a special order for an administrative injunction.

VE 3.02(20) (20) “Petitioner” means the disciplinary or department counsel.

VE 3.02(21) (21) “Respondent” means a credential holder who is charged in a disciplinary proceeding or a person who is charged in an administrative injunction proceeding.

VE 3.02(22) (22) “Screening” means preliminary review of complaints to determine the disposition of any informal complaints.

VE 3.02(23) (23) “Screening committee” means the committee of the board that meets with disciplinary counsel to determine the disposition of any informal complaints.

VE 3.02(24) (24) “Special order” means an administrative order issued by the department enforced against a named or identified person.

VE 3.02 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. II of ch. VE 3 Subchapter II — Procedures for Informal Complaints

VE 3.04 VE 3.04 Scope; kinds of proceedings. This subchapter governs procedures for investigating and disposing of informal complaints against credential holders and non-credentialed entities before the board and persons before the department.

VE 3.04 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.06 VE 3.06 Receiving informal complaints. All informal complaints received shall be referred to the office of legal counsel in the department for filing, screening and, if necessary, investigation.

VE 3.06 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.08 VE 3.08 Screening. Screening for complaints against credential holders shall be done by the board’s screening committee, in consultation with the disciplinary counsel. Considerations in screening include:

VE 3.08(1) (1) Whether the person complained against is credentialed.

VE 3.08(2) (2) Whether the matter alleged is a violation of any statute, rule, regulation, or standard of practice.

VE 3.08(3) (3) Whether the matter alleged, if taken as a whole, is any of the following:

VE 3.08(3)(a) (a) Not a violation, so that the matter may be closed.

VE 3.08(3)(b) (b) A minor violation, so that the matter may be disposed of with an administrative warning.

VE 3.08(3)(c) (c) Requires further investigation by disciplinary counsel, with assistance by a case advisor and department staff as assigned.

VE 3.08 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.10 VE 3.10 Non-credentialed persons. Department staff shall investigate complaints, and may consult with the board, concerning any complaint against a person who may be engaged in the practice of veterinary medicine or veterinary technology without holding a credential.

VE 3.10 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.12 VE 3.12 Negotiated settlement.

VE 3.12(1) (1) When initiated. At the discretion of the disciplinary counsel, in consultation with the case advisor in assigned matters, or department counsel, negotiations for settlement may be held prior to the commencement of a disciplinary proceeding. Where the informal complaint investigation reveals undisputed or clearly ascertainable facts, from documents received, resolution through negotiations is encouraged.

VE 3.12(2) (2) Limitation. Negotiations for settlement shall not be held without the consent of the credential holder. No agreement reached between the parties through negotiations, which imposes discipline upon a credential holder, shall be effective or binding until the parties stipulate to the agreement in writing, signed by the credential holder and any representative and disciplinary counsel, for approval by the board in a signed final order.

VE 3.12(3) (3) Oral statements in negotiations. Oral statements made during negotiations shall not be introduced into or made part of the record in a disciplinary proceeding.

VE 3.12 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.14 VE 3.14 Issuing an administrative warning. In lieu of commencing disciplinary proceedings under subch. III or injunction proceedings under subch. IV, the board or department may issue an administrative warning, after making all of the following findings:

VE 3.14(1) (1) That there is specific evidence of misconduct by the credential holder.

VE 3.14(2) (2) That the misconduct is a minor violation of a statute or rule related to the profession or other conduct for which discipline or an administrative injunction may be imposed.

VE 3.14(3) (3) That issuance of an administrative warning will adequately protect the public.

VE 3.14 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.16 VE 3.16 Contents of an administrative warning.

VE 3.16(1) (1) An administrative warning shall be issued in writing, shall state the findings required by s. VE 3.12, and include a notice of the right to request a review under s. VE 3.18.

VE 3.16(2) (2) An administrative warning may be issued to a credential holder by mailing the administrative warning to the last address provided to the department. Service by mail is complete on the date of mailing. The warning may also be issued by email, if the credential holder has given permission to send all notices to a specified email address. Service by email is complete upon sending.

VE 3.16 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.18 VE 3.18 Review of an administrative warning. A credential holder who has been issued an administrative warning may make a request in writing for the board to review its issuance within 20 days after the date of mailing or emailing. The request shall be in writing and set forth:

VE 3.18(1) (1) The credential holder’s name and address.

VE 3.18(2) (2) The reason for requesting a review.

VE 3.18 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.20 VE 3.20 Administrative warning review procedures. The procedures for an administrative warning review are:

VE 3.20(1) (1) Within 45 calendar days of receipt of a request for review, the board shall notify the credential holder of the time and place of the review.

VE 3.20(2) (2) No discovery is permitted. A credential holder may inspect records under s. 19.35, Stats., the public records law.

VE 3.20(3) (3) The board shall preside over the appeal and the review shall be electronically recorded.

VE 3.20(4) (4) The board shall provide the credential holder with an opportunity to make a personal appearance before it and present a statement. The board may request the disciplinary counsel to appear and present a statement on issues raised by the credential holder. The board may establish a time limit for making a presentation. Unless otherwise determined by the disciplinary authority, the time for making a personal appearance shall be 20 minutes.

VE 3.20(5) (5) If the credential holder fails to appear for a review, or withdraws the request for a review, the disciplinary authority may note the failure to appear in the minutes and leave the administrative warning in effect without further action.

VE 3.20(6) (6) The board may adjourn into closed session to deliberate on the request for review. Any action taken by the board following deliberation shall be made in open session. The board shall send the final decision of its review to the credential holder.

VE 3.20 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.22 VE 3.22 Review record. The credential holder may request a copy of the recorded review at no cost.

VE 3.22 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. III of ch. VE 3 Subchapter III — Procedures for Disciplinary Proceedings

VE 3.24 VE 3.24 Scope. This subchapter governs procedures in all disciplinary proceedings against credential holders before the board.

VE 3.24 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.