SPS 6.03(7)(7) “Petitioner” means the division of legal services and compliance in the department. SPS 6.03(8)(8) “Respondent” means a licensee who is named as respondent in a petition for summary suspension or limitation. SPS 6.03 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (2), (6) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: am. (7) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (8) Register February 2020 No. 770, eff. 3-1-20. SPS 6.04SPS 6.04 Petition for summary suspension or limitation. SPS 6.04(1)(1) A petition for a summary suspension or limitation shall state the name and position of the person representing the petitioner, the address of the petitioner, the name and licensure status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s license. SPS 6.04(2)(2) A petition for a summary suspension or limitation order shall be signed upon oath by the person representing the petitioner and may be made on information and belief. SPS 6.04(3)(3) The petition shall be presented to the appropriate licensing authority. SPS 6.04 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 19-114: am. (title), (1), (2) Register February 2020 No. 770, eff. 3-1-20. SPS 6.05SPS 6.05 Notice of petition to respondent. Prior to the presenting of the petition, the petitioner shall give notice to the respondent or respondent’s attorney of the time and place when the petition will be presented to the licensing authority. Notice may be given by mailing a copy of the petition and notice to the last-known address of the respondent as indicated in the records of the licensing authority as provided in s. 440.11 (2), Stats., as created by 1987 Wis. Act 27. Notice by mail is complete upon mailing. Notice may also be given by any procedure described in s. 801.11, Stats. SPS 6.05 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88. SPS 6.06SPS 6.06 Issuance of summary suspension or limitation order. SPS 6.06(1)(1) If the licensing authority finds that notice has been given under s. SPS 6.05 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s license, the licensing authority may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. SPS 2.04. SPS 6.06(2)(2) The petitioner may establish probable cause under sub. (1) by affidavit or other evidence. SPS 6.06(3)(3) The summary suspension or limitation order shall be effective upon service under s. SPS 6.08, or upon actual notice of the summary suspension or limitation order to the respondent or respondent’s attorney, whichever is sooner, and continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the license is restored or the limitation is lifted under s. SPS 6.09 prior to a formal disciplinary hearing, or the disciplinary proceeding is otherwise terminated under s. SPS 6.10 (1) or (3) (a). SPS 6.06 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-114: am. (title), (1), (3) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register February 2020 No. 770. SPS 6.07SPS 6.07 Contents of summary suspension or limitation order. The summary suspension or limitation order shall include all of the following: SPS 6.07(1)(1) A statement that the suspension or limitation order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the licensing authority. SPS 6.07(2)(2) Notification of the respondent’s right to request a hearing to show cause why the summary suspension or limitation order should not be continued. SPS 6.07(3)(3) The name and address of the licensing authority with whom a request for hearing should be filed. SPS 6.07(4)(4) Notification that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the licensing authority of respondent’s request for hearing, unless a later time is requested by or agreed to by the respondent. SPS 6.07(5)(5) The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order. SPS 6.07(6)(6) The manner in which the respondent or the respondent’s attorney was notified of the petition for summary suspension or limitation. SPS 6.07(7)(7) A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s license. SPS 6.07 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 19-114: am. (title), (intro.), (1), (2), (5), (6), (7) Register February 2020 No. 770, eff. 3-1-20; correction in (intro.), (3), (4), (6) made under s. 35.17, Stats., Register February 2020. SPS 6.08SPS 6.08 Service of summary suspension or limitation order. An order of summary suspension or limitation shall be served upon the respondent by mail. SPS 6.09(1)(1) The respondent shall have the right to request a hearing to show cause why the summary suspension or limitation order should not be continued until the effective date of the final decision and order in the disciplinary action against the respondent. SPS 6.09(2)(2) The request for hearing to show cause shall be filed with the licensing authority which issued the summary suspension or limitation order. The hearing shall be scheduled and heard promptly by the licensing authority or its delegate, but no later than 20 days after the filing of the request for hearing with the licensing authority, unless a later time is requested by or agreed to by the respondent. SPS 6.09(3)(3) At the hearing to show cause the petitioner and the respondent may testify, call, examine and cross-examine witnesses, and offer other evidence. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804, Stats., with respect to witnesses described in s. 227.45 (7) (a) to (d), Stats. A respondent may inspect records under s. 19.35, Stats., the public records law. SPS 6.09(4)(4) At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension or limitation order should be continued. SPS 6.09(5)(5) Immediately upon conclusion of the hearing to show cause the licensing authority or its delegate shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended license shall be immediately restored, and any limitation shall be lifted. SPS 6.09 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 14-019: am. (2), (3), (5) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (1), (2), (4), (5) Register February 2020 No. 770, eff. 3-1-20. SPS 6.10SPS 6.10 Commencement of disciplinary proceeding. SPS 6.10(1)(1) A notice of hearing commencing a disciplinary proceeding under s. SPS 2.06 against the respondent shall be issued no later than 10 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse on the tenth day following issuance of the summary suspension or limitation order. The formal disciplinary proceeding shall be determined promptly. SPS 6.10(2)(2) If at any time the disciplinary proceeding is not advancing with reasonable promptness, the respondent may make a motion to the hearing officer or may directly petition the appropriate board, or the department, for an order granting relief. SPS 6.10(3)(3) If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent’s counsel, a remedy, as would be just, shall be granted including: SPS 6.10(3)(a)(a) An order immediately terminating the summary suspension or limitation. SPS 6.10(3)(b)(b) An order compelling that the disciplinary proceeding be held and determined by a specific date. SPS 6.10 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-114: am. (1), (3) (a) Register February 2020 No. 770, eff. 3-1-20. SPS 6.11(1)(1) A board may by two-thirds vote delegate authority to rule on a petition for summary suspension or limitation, to issue a summary suspension or limitation order, and to preside over and rule in a hearing provided for in s. SPS 6.09 through one of the following methods: SPS 6.11(1)(b)(b) Appoint a panel of no less than two-thirds of the membership of the board. SPS 6.11(1)(c)(c) Designate under s. 227.46 (1), Stats., an administrative law judge employed by the department of administration. SPS 6.11(2)(2) In matters in which the department is the licensing authority, an administrative law judge employed by the department of administration shall rule on a petition for summary suspension or limitation, issue a summary suspension or limitation order, and preside over and rule in a hearing provided for in s. SPS 6.09. SPS 6.11 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (a), (b), (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-019: am. (1) (intro.), (a), (b), cr. (1) (c), am. (2) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (1) (intro.), (2) Register February 2020 No. 770, eff. 3-1-20.
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administrativecode
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Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
administrativecode/SPS 6.09(3)
administrativecode/SPS 6.09(3)
section
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