CR 18-100 Rule with Germane Modifications

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

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IN THE MATTER OF RULE-MAKING   :   PROPOSED ORDER OF THE

PROCEEDINGS BEFORE THE     :   DEPARTMENT OF SAFETY AND

DEPARTMENT OF SAFETY AND     :   PROFESSIONAL SERVICES

PROFESSIONAL SERVICES     :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 18-100)

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PROPOSED ORDER

An order of the Department of Safety and Professional Services to create SPS 4.035 relating to predetermination of conviction record prior to submitting a full application for licensure.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: s. 111.335 (4) (f), Stats.

Statutory authority: s. 111.335 (4) (f) 6., Stats.

Explanation of agency authority:

The Department of Safety and Professional Services may promulgate rules defining uniform procedures for making determinations to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board.

Related statute or rule: s. 452.25, Stats.

Plain language analysis:

This rule implements 2017 Act 278. The rule sets out uniform procedures and fees for individuals to receive a predetermination of whether a conviction record will prohibit receiving a credential.

An individual may file an application, pay a fee and submit documentation relating to the conviction record, including police report, criminal complaint, judgment of conviction, compliance with sentencing terms, personal statement and evidence of rehabilitation. The fee is equal to the credential fee, except the fee is waived if the person’s family income is at or below 180% of the federal poverty line. The predetermination fee paid is credited towards the credential application fee if the individual applies for the credential within one year of the predetermination decision.

When deciding on a predetermination, the agency will consider the following:

- The severity and nature of the offense.

- The circumstances relative to the offense.

- The age of the individual at the time of the offense.

- The amount of time since the offense occurred.

- Whether the conviction is related to the activities of the profession.

- The individual’s actions since the conviction and evidence of rehabilitation.

The individual will be sent notification of the decision no later than 30 days after the agency received the predetermination application. The decision is binding upon the agency if the individual applies for the credential unless there is information which is relevant but was not available at the time of the decision.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois does not have a predetermination process regarding criminal convictions.

Iowa: Iowa does not have a predetermination process regarding criminal convictions.

Michigan: Michigan does not have a predetermination process regarding criminal convictions.

Minnesota: Minnesota does not have a predetermination process regarding criminal convictions.

Summary of factual data and analytical methodologies:

The Department reviewed the language of 2017 Act 278, and the current Real Estate Examining Board rules which were promulgated pursuant to s. 452.25, Stats.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

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 [phone].

  (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.