Wisconsin Legislature: SPS 4.07(66m)

SPS 4.08SPS 4.08 Photographs and fingerprints. The department may require an applicant for any of the credentials set forth in s. SPS 4.07 and not listed in sub. (2) to be photographed and fingerprinted as a part of the credentialing process, if there exits reason to believe that the applicant has failed to accurately describe his or her conviction record. The department may refer photographs and fingerprints so obtained to the department of justice for internal analysis or submission to the federal bureau of investigation for the purpose of verifying the identity of the applicant fingerprinted and obtaining records of his or her criminal arrests and convictions.

SPS 4.08 NoteNote: Sub. (2) was repealed by CR14-019.

SPS 4.08 HistoryHistory: CR 04-097: cr. Register May 2005 No. 593, eff. 6-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 11-027: renum 4.08 to be 4.08 (1) and am., cr. (2) Register January 2012 No. 673, eff. 2-1-12; CR 14-019: renum. (1) to SPS 4.08, r. (2) Register August 2014 No. 704, eff. 9-1-14; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704.

SPS 4.09SPS 4.09 Credential holder charges or convictions.

SPS 4.09(1)(1) Pursuant to the procedures set forth in ch. SPS 2 for the screening of informal complaints, the department may investigate whether a holder of any of the credentials set forth in s. SPS 4.07 has been arrested, charged with or convicted of a crime for the purposes of determining whether the circumstances of the arrest, charge or conviction substantially relate to the circumstances of the credentialed activity.

SPS 4.09(2)(2) A holder of any of the credentials set forth in s. SPS 4.07 who is convicted of a felony or misdemeanor in this state or elsewhere shall notify the department in writing of the date, place and nature of the conviction or finding within 48 hours after the entry of the judgment of conviction. Notice shall be made by mail and shall be proven by showing proof of the date of mailing the notice. Notice shall include a copy of the judgment of conviction and a copy of the complaint or other information which describes the nature of the crime and the judgment of conviction in order that the department may determine whether the circumstances of the crime of which the credential holder was convicted are substantially related to the practice of the credential holder.

SPS 4.09(3)(3) As a part of an investigation the department may require a holder of any of the credentials set forth in s. SPS 4.07 to be photographed and fingerprinted, if the credential holder’s arrest or conviction record is relevant to the investigation and a search based solely upon the credential holder’s name is unlikely to provide complete and accurate information. The department may refer photographs and fingerprints so obtained to the department of justice for internal analysis or submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SPS 4.09 HistoryHistory: CR 04-097: cr. Register May 2005 No. 593, eff. 6-1-05; correction in (1), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 4.10SPS 4.10 Failure to renew within 5 years of the renewal date. A credential holder with an expired credential may not reapply for the credential using the initial application process. A credential holder who has not renewed their credential within 5 years of the renewal date shall renew an expired credential in accordance with the applicable requirements established in rule by the credentialing authority. This section does not apply to credential holders who have unmet disciplinary requirements or whose credentials have been surrendered or revoked.

SPS 4.10 HistoryHistory: CR 14-067: cr. Register July 2015 No. 715, eff. 8-1-15.

SPS 4.11SPS 4.11 Credential Reinstatement. A credential may not be reinstated through the initial application process. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years after the renewal date or whose credential has been surrendered or revoked, shall apply to have the credential reinstated, with or without conditions, using the reinstatement process established in rule by the credentialing authority.

SPS 4.11 HistoryHistory: CR 14-067: cr. Register July 2015 No. 715, eff. 8-1-15.