Chapter SPS 1

Chapter SPS 1

PROCEDURES TO REVIEW DENIAL OF AN APPLICATION

SPS 1.01   Authority and scope.

SPS 1.03   Definitions.

SPS 1.04   Examination failure: retake and hearing, consequences of cheating on an examination or breach of examination security.

SPS 1.05   Notice of intent to deny, notice of denial and notice of cheating on an examination or breach of examination security.

SPS 1.06   Parties to a denial review proceeding.

SPS 1.07   Request for hearing.

SPS 1.08   Procedure.

SPS 1.09   Conduct of hearing.

SPS 1.10   Service.

SPS 1.11   Failure to appear.

SPS 1.12   Withdrawal of request.

SPS 1.13   Transcription fees.

Ch. SPS 1 Note Note: Chapter RL 1 was renumbered chapter SPS 1 under s. 13.92 (4) (b) 1., Stats., Register November 2011 No. 671.

SPS 1.01 SPS 1.01 Authority and scope. Rules in this chapter are adopted under authority in s. 440.03 (1), Stats., for the purpose of governing review of a decision to deny an application. Rules in this chapter do not apply to denial of an application for renewal of a credential. Rules in this chapter shall apply to applications received on or after July 1, 1996.

SPS 1.01 Note Note: Procedures used for denial of an application for renewal of a credential are found in Ch. SPS 2, Wis. Admin. Code and s. 227.01 (3) (b), Stats.

SPS 1.01 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am., Register, July, 1996, No. 487, eff. 8-1-96.

SPS 1.03 SPS 1.03 Definitions. In this chapter:

SPS 1.03(1) (1) “Applicant” means any person who applies for a credential from the applicable credentialing authority. “Person” in this subsection includes a business entity.

SPS 1.03(1g) (1g) “Breach of examination security” means any of the following:

SPS 1.03(1g)(a) (a) Removing from the examination room any examination materials without authorization.

SPS 1.03(1g)(b) (b) Reproducing, or assisting a person in reproducing, any portion of the credentialing examination by any means and without authorization.

SPS 1.03(1g)(c) (c) Paying a person to take the credentialing examination to discover the content of any portion of the credentialing examination.

SPS 1.03(1g)(d) (d) Obtaining examination questions or other examination materials, except by specific authorization before, during, or after an examination.

SPS 1.03(1g)(e) (e) Using, or purporting to use, improperly obtained examination questions or materials to instruct or prepare an applicant for the credentialing examination.

SPS 1.03(1g)(f) (f) Selling, distributing, buying, receiving or having unauthorized possession of any portion of a future, current, or previously administered credentialing examination.

SPS 1.03(1r) (1r) “Cheating on an examination” includes:

SPS 1.03(1r)(a) (a) Communicating with other persons inside or outside of the examination room concerning examination content using any means of communication while the examination is being administered.

SPS 1.03(1r)(b) (b) Copying the answers of another applicant, or permitting answers to be copied by another applicant.

SPS 1.03(1r)(c) (c) Substituting another person to write one or more of the examination answers or papers in the place of the applicant.

SPS 1.03(1r)(d) (d) Referring to “notes,” textbooks or other unauthorized information sources inside or outside the examination room while the examination is being administered.

SPS 1.03(1r)(e) (e) Disclosing the nature or content of any examination question or answer to another person prior to, during, or subsequent to the conclusion of the examination.

SPS 1.03(1r)(f) (f) Removing or attempting to remove any examination materials, notes or facsimiles of examination content such as photo, audiovisual, or electronic records from the examination room.

SPS 1.03(1r)(g) (g) Violating rules of conduct of the examination.

SPS 1.03(2) (2) “Credential” means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480, Stats.

SPS 1.03(3) (3) “Credentialing authority” means the department or an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential.

SPS 1.03(4) (4) “Denial review proceeding” means a class 1 proceeding as defined in s. 227.01 (3) (a), Stats., in which a credentialing authority reviews either a decision to deny a completed application for a credential or a determination of cheating on an examination or breach of examination security.

SPS 1.03(5) (5) “Department” means the department of safety and professional services.

SPS 1.03(6) (6) “Division” means the division of legal services and compliance in the department.

SPS 1.03(7) (7) “Office of examinations” means the office of examinations in the department.

SPS 1.03 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1988, No. 389; am. (1), (4), r. (2), renum. (3) to be (5), cr. (2), (3), (6), Register, July, 1996, No. 487, eff. 8-1-96; CR 05-050: cr. (1g), (1r) and (7), am. (4) Register January 2006 No. 601, eff. 2-1-06; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. (6) Register August 2014 No. 704, eff. 9-1-14.

SPS 1.04 SPS 1.04 Examination failure: retake and hearing, consequences of cheating on an examination or breach of examination security.

SPS 1.04(1) (1) An applicant may request a hearing to challenge the validity, scoring or administration of an examination if the applicant has exhausted other available administrative remedies, including, but not limited to, internal examination review and regrading, and if either:

SPS 1.04(1)(a) (a) The applicant is no longer eligible to retake a qualifying examination.

SPS 1.04(1)(b) (b) Reexamination is not available within 6 months from the date of the applicant’s last examination.

SPS 1.04(2) (2) A failing score on an examination does not give rise to the right to a hearing if the applicant is eligible to retake the examination and reexamination is available within 6 months from the date of the applicant’s last examination.

SPS 1.04 Note Note: An applicant is not eligible for a license until his or her application is complete. An application is not complete until an applicant has submitted proof of having successfully passed any required qualifying examination. If an applicant fails the qualifying examination, but has the right to retake it within 6 months, the applicant is not entitled to a hearing under this chapter.

SPS 1.04(3) (3) 

SPS 1.04(3)(a) (a) Consequences imposed for cheating on an examination or for committing a breach of examination security shall be related to the seriousness of the offense and may include: denial of grades; entering of a failing grade on all examinations in which cheating occurred; restrictions on reexamination; or denial of licensure. If more than one applicant are involved in a connected offense of cheating on an examination or breach of examination security, each applicant knowingly involved is subject to the consequences in this section.

SPS 1.04(3)(b) (b) Restrictions on reexamination may include denying the applicant the right to retake the examination for a specified period of time or the imposition of a permanent bar on reexamination.

SPS 1.04(3)(c) (c) The department may provide information on the consequences imposed upon an applicant to other jurisdictions where the applicant may apply for credentialing or examination.

SPS 1.04(3)(d) (d) If an approved or credentialed school or instructor is found to have facilitated actions constituting cheating on an examination or breach of examination security, the school or instructor may be subject to disciplinary action or revocation of approval.

SPS 1.04 History History: Cr., Register, July, 1996, No. 487, eff. 8-1-96; CR 05-050: cr. (3) Register January 2006 No. 601, eff. 2-1-06.

SPS 1.05 SPS 1.05 Notice of intent to deny, notice of denial and notice of cheating on an examination or breach of examination security.

SPS 1.05(1) (1) notice of intent to deny.

SPS 1.05(1)(a) (a) A notice of intent to deny may be issued upon an initial determination that the applicant does not meet the eligibility requirements for a credential. A notice of intent to deny shall contain a short statement in plain language of the basis for the anticipated denial, specify the statute, rule or other standard upon which the denial will be based and state that the application shall be denied unless, within 45 calendar days from the date of the mailing of the notice, the credentialing authority receives additional information which shows that the applicant meets the requirements for a credential. The notice shall be substantially in the form shown in Appendix I.