Chapter SPS 4

Register January 2012 No. 673

Chapter SPS 4

DEPARTMENT APPLICATION PROCEDURES AND
APPLICATION FEE POLICIES

SPS 4.01   Authorization.

SPS 4.02   Definitions.

SPS 4.03   Time for review and determination of credential applications.

SPS 4.04   Fees for examinations, reexaminations and proctoring examinations.

SPS 4.05   Fee for test review.

SPS 4.06   Refunds.

SPS 4.07   Investigation.

SPS 4.08   Photographs and fingerprints.

SPS 4.09   Credential holder charges or convictions.

SPS 4.10   Failure to renew within 5 years of the renewal date.

SPS 4.11   Credential Reinstatement.

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

SPS 4.01 SPS 4.01 Authorization. The following rules are adopted by the department of safety and professional services pursuant to ss. 440.03 (13) (a) and (am), 440.05, 440.06, and 440.07, Stats.

SPS 4.01 History History: Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, July, 1996, No. 487, eff. 8-1-96; correction made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. Register August 2014 No. 704, eff. 9-1-14.

SPS 4.02 SPS 4.02 Definitions.

SPS 4.02(1) (1) “Applicant” means a person who applies for a license, permit, certificate or registration granted by the department or a board.

SPS 4.02(1g) (1g) “Arrest record” means information indicating that an individual has been apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.

SPS 4.02(2) (2) “Authority” means the department or the attached examining board or board having authority to grant the credential for which an application has been filed.

SPS 4.02(3) (3) “Board” means the board of nursing and any examining board attached to the department.

SPS 4.02(3e) (3e) “Conviction record” means information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

SPS 4.02(3m) (3m) “Credential” means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480, Stats.

SPS 4.02(3s) (3s) “Credentialing authority” means the department or an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential.

SPS 4.02(4) (4) “Department” means the department of safety and professional services.

SPS 4.02(5) (5) “Examination” means the written and practical tests required of an applicant by the authority.

SPS 4.02(5m) (5m) “Investigate” means to determine the arrest and conviction record of an applicant or holder of a credential, including but not limited to:

SPS 4.02(5m)(a) (a) Determining whether an applicant or holder of a credential has been charged with or convicted of a crime.

SPS 4.02(5m)(b) (b) Determining the facts and circumstances surrounding an arrest, criminal charge, or conviction.

SPS 4.02(5m)(c) (c) Determining the outcome and status of an arrest, criminal charges or conviction record, including completion of sentence imposed, probationary terms or parole.

SPS 4.02(5m)(d) (d) Requiring disclosure of arrest or conviction record by an applicant.

SPS 4.02(5s) (5s) “Reinstatement” means the process by which 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.

SPS 4.02(6) (6) “Service provider” means a party other than the department or board who provides examination services such as application processing, examination products or administration of examinations.

SPS 4.02 History History: Cr. Register, October, 1978, No. 274, eff. 11-1-78; renum. (1) to (4) to be (4), (3), (1), (5) and am. (5), cr. (2) and (6), Register, July, 1996, No. 487, eff. 8-1-96; CR 04-097: cr. (1g), (3e), (3m), (3s) and (5m) Register May 2005 No. 593, eff. 6-1-05; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-067: cr. (5s) Register July 2015 No. 715, eff. 8-1-15.

SPS 4.03 SPS 4.03 Time for review and determination of credential applications.

SPS 4.03(1) (1) Time limits. An authority shall review and make a determination on an original application for a credential within 60 business days after a completed application is received by the authority unless a different period for review and determination is specified by law.

SPS 4.03(2) (2) Completed applications. An application is completed when all materials necessary to make a determination on the application and all materials requested by the authority have been received by the authority.

SPS 4.03(3) (3) Effect of delay. A delay by an authority in making a determination on an application within the time period specified in this section shall be reported to the permit information center under s. 227.116, Stats. Delay by an authority in making a determination on an application within the time period specified in this section does not relieve any person from the obligation to secure approval from the authority nor affect in any way the authority’s responsibility to interpret requirements for approval and to grant or deny approval.

SPS 4.03 History History: Cr. Register, August, 1992, No. 440, eff. 9-1-92; renum. from RL 4.06 and am., Register, July, 1996, No. 487, eff. 8-1-96.

SPS 4.04 SPS 4.04 Fees for examinations, reexaminations and proctoring examinations.

SPS 4.04(1) (1) Examination fee schedule. A list of all current examination fees may be obtained at no charge from the Office of Examinations, Department of Safety and Professional Services, 1400 East Washington Avenue, P. O. Box 8366, Madison, WI 53708-8366.

SPS 4.04(3) (3) Explanation of procedures for setting examination fees.

SPS 4.04(3)(a) (a) Fees for examinations shall be established under s. 440.05 (1) (b), Stats., at the department’s best estimate of the actual cost of preparing, administering and grading the examination or obtaining and administering an approved examination from a service provider.

SPS 4.04(3)(b) (b) Examinations shall be obtained from a service provider through competitive procurement procedures described in ch. Adm 7.

SPS 4.04(3)(c) (c) Fees for examination services provided by the department shall be established based on an estimate of the actual cost of the examination services. Computation of fees for examination services provided by the department shall include standard component amounts for contract administration services, test development services and written and practical test administration services.

SPS 4.04(3)(d) (d) Examination fees shall be changed as needed to reflect changes in the actual costs to the department. Changes to fees shall be implemented according to par. (e).

SPS 4.04(3)(e) (e) Examination fees shall be effective for examinations held 45 days or more after the date of publication of a notice in application forms. Applicants who have submitted fees in an amount less than that in the most current application form shall pay the correct amount prior to administration of the examination. Overpayments shall be refunded by the department. Initial credential fees shall become effective on the date specified by law.

SPS 4.04(4) (4) Reexamination of previously licensed individuals. Fees for examinations ordered as part of a disciplinary proceeding or late renewal under s. 440.08 (3) (b), Stats., are equal to the fee set for reexamination in the most recent examination application form, plus $10 application processing.

SPS 4.04(5) (5) Proctoring examinations for other states.

SPS 4.04(5)(a) (a) Examinations administered by an authority of the state may be proctored for persons applying for credentials in another state if the person has been determined eligible in the other state and meets this state’s application deadlines. Examinations not administered by an authority of the state may only be proctored for Wisconsin residents or licensees applying for credentials in another state.

SPS 4.04(5)(b) (b) Department fees for proctoring examinations of persons who are applying for a credential in another state are equal to the cost of administering the examination to those persons, plus any additional cost charged to the department by the service provider.

SPS 4.04 History History: Cr. Register, October, 1978, No. 274, eff. 11-1-78; r. and recr. Register, May, 1986, No. 365, eff. 6-1-86; am. Register, December, 1986, No. 372, eff. 1-1-87; am. Register, September, 1987, No. 381, eff. 10-1-87; am. (3), Register, September, 1988, No. 393, eff. 10-1-88; am. (3), Register, September, 1990, No. 417, eff. 10-1-90; r. and recr. (1) to (3), cr. (4), renum. Figure and am. Register, April, 1992, No. 436, eff. 5-1-92; am. (4) Figure, cr. (5), Register, July, 1993, No. 451, eff. 8-1-93; r. and recr. Register, November, 1993, No. 455, eff. 12-1-93; r. (2), am. (3) (a), (b), (c), (e), (4), (5), Register, July, 1996, No. 487, eff. 8-1-96; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. (1) Register August 2014 No. 704, eff. 9-1-14.

SPS 4.05 SPS 4.05 Fee for test review.

SPS 4.05(1) (1) The fee for supervised review of examination results by a failing applicant which is conducted by the department is $28.

SPS 4.05(2) (2) The fee for review of examination results by a service provider is the fee established by the service provider.

SPS 4.05 History History: Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. Register, July, 1996, No. 487, eff. 8-1-96.