Section 1. SPS 4.035 is created to read:
SPS 4.035 (1) An individual who does not possess a credential may apply to the authority, without submitting a full application, for a determination of whether the individual would be disqualified from obtaining a credential based upon a conviction record by submitting all of the following:
(a) An application for predetermination.
(b) A fee in the amount of $68.00.
(c) Police report or criminal complaint.
(d) Judgment of conviction.
(e) Verification of compliance or completion with the terms of the sentencing.
(f) Personal statement describing the facts that led to each offense and any rehabilitation completed.
(2) The fee under sub. (1) (b) may be applied to the application fee if the individual applies for a credential within 1 year of the determination.
(3) The authority shall review the information related to the conviction record and consider all of the following factors in making a determination:
(a) The severity and nature of the offense.
(b) The circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense and circumstances that may have a bearing on whether the individual might repeat the behavior that was the subject of the offense.
(c) The age of the individual at the time the offense was committed.
(d) The length of time that has elapsed since the offense was committed.
(e) The relationship of the offense to the credentialed practice.
(f) The individual’s activities since the offense, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
(4) The authority shall send the written notification of the authority’s determination whether the conviction record would disqualify the individual from obtaining a credential due to the individual’s conviction record no later than 30 days after receiving the application for a determination.
(5) The determination is binding upon the authority if the individual subsequently applies for a credential, unless there is information relevant to the determination that was not available to the authority at the time of the determination.
Section 2. EFFECTIVE DATE. This emergency rule shall take effect upon publication in the official state newspaper.
---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
---------------------------------------------------------------------------------------------------------------------
Dated 12-19-18 Agency /s/ Laura Gutierrez Secretary
Department of Safety and Professional Services
