Section 1. SPS 4.035 is created to read:
SPS 4.035 Predetermination of conviction record. (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.Note: Application forms are available on the Department of Safety and Professional Services website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, Division of Professional Crednetial Processing, P.O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.
(b) A fee in the amount equal to the credential application fee. The fee shall be waived if the family income of the individual does not exceed 180 percent of the federal poverty line established under 42 USC 9902 (2). (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) Any fee paid under sub. (1) (b) shall be credited to the application fee if the individual applies for the credential within one 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 a written determination to the individual no later than 30 days after it receives completed application materials under sub. (1) for a determination of whether the individual would be disqualified from obtaining a credential based upon a conviction record.
(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. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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