Chapter VE 3

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.

VE 3.26 VE 3.26 Commencement of disciplinary proceedings. Disciplinary proceedings commence when a complaint is served upon the respondent.

VE 3.26 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.28 VE 3.28 Pleadings to be captioned. All pleadings, notices, orders, and other papers filed in disciplinary proceedings shall be captioned: “BEFORE THE WISCONSIN VETERINARY EXAMINING BOARD” and shall be entitled: “IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST _____________, RESPONDENT.”

VE 3.28 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.30 VE 3.30 Complaint. The disciplinary counsel may make a complaint upon information and belief and it shall contain:

VE 3.30(1) (1) The name and address of the credential holder complained against and the name and address of the complainant.

VE 3.30(2) (2) A short statement in plain language of the cause for disciplinary action identifying with reasonable particularity the transaction, occurrence or event out of which the cause arises and specifying the statute, rule or other standard alleged to have been violated.

VE 3.30(3) (3) A request in essentially the following form: “Wherefore, the complainant demands that the board hear evidence relevant to matters alleged in this complaint, determine and impose the discipline warranted, and assess the costs of the proceeding against the respondent.”

VE 3.30(4) (4) The signature of the complainant.

VE 3.30 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.32 VE 3.32 Service and filing of complaint.

VE 3.32(1) (1) The complaint and other papers may be served on a respondent by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmission if agreed to by the respondent or respondent’s authorized representative. Service by mail is complete upon mailing.

VE 3.32(2) (2) Any paper required to be filed with the board may be mailed to the board’s office and, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received at the board’s office or by the administrative law judge. Papers required to be filed may instead be filed and served by electronic mail or facsimile transmission. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent. For materials transmitted by facsimile, the date received shall determine the date of filing.

VE 3.32 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.34 VE 3.34 Answer.

VE 3.34(1) (1) An answer to a complaint shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denials of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.

VE 3.34(2) (2) The respondent shall set forth affirmatively in the answer any matter constituting an affirmative defense.

VE 3.34(3) (3) Allegations in a complaint are admitted when not denied in the answer.

VE 3.34(4) (4) An answer to a complaint shall be filed within 30 days from the date of service of the complaint.

VE 3.34 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.36 VE 3.36 Administrative law judge.

VE 3.36(1) (1) Designation. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding.

VE 3.36(2) (2) Authority and duties. An administrative law judge may, on behalf of the board, do all of the following:

VE 3.36(2)(a) (a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

VE 3.36(2)(b) (b) Require parties to clarify positions or issues.

VE 3.36(2)(c) (c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

VE 3.36(2)(d) (d) Make procedural rulings and issue scheduling orders, including for motions, date, time and location of hearing, discovery, identification of witnesses and evidence for hearing, stipulations by the parties for hearing and other matters aiding in the orderly disposition of the proceedings.

VE 3.36(2)(e) (e) Hold motion hearings and make rulings on said motions.

VE 3.36(2)(f) (f) Adjourn or postpone proceedings.

VE 3.36(2)(g) (g) Grant continuances or extensions of time.

VE 3.36(2)(h) (h) Issue subpoenas to compel witness attendance and document production.