CR 19-114 Rule Text

STATE OF WISCONSIN

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

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IN THE MATTER OF RULEMAKING   :     ORDER OF THE PROCEEDINGS BEFORE THE   :   DEPARTMENT OF SAFETY AND DEPARTMENT OF SAFETY AND   :     PROFESSIONAL SERVICES PROFESSIONAL SERVICES   :       ADOPTING RULES

:   (CLEARINGHOUSE RULE 19-114)

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ORDER

An order of the Department of Safety and Professional Services to repeal SPS 8.02 (5), (6) (e), and 8.03 (2), and to amend SPS 6.01 (2), 6.02, 6.03 (8), 6.04 (title), (1), and (2),

6.06 (title), (1), and (3), 6.07 (title), (intro.), (1), (2), (5), (6), and (7), 6.08, 6.09 (1), (2), (4), and

(5), 6.10 (1), and (3)(a), and 6.11 (1) (intro.) and (2), relating to uniform disciplinary procedures for the department and all affiliated credentialing boards.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Sections 227.51 (3) and 440.205, Stats.

Statutory authority:

Sections 227.11 (2) (a), 440.03 (1), and 440.205, Stats.

Explanation of agency authority:

Section 227.11 (2) (a), Stats., provides the Department of Safety and Professional Services authority to promulgate rules interpreting the provisions of any statute the department enforces or administers.

Section 440.03 (1), Stats., provides that “[t]he department may promulgate rules defining uniform procedures 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, for receiving, filing, and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.”

Section 440.205, Stats., provides that, “[t]he department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.”

Related statute or rule:

None.

Plain language analysis: The rule revises ch. SPS 6 to allow for the summary limitation of credentials. The rule also revises ch. SPS 8 to allow for the issuance of administrative warnings for minor violations regardless of whether the minor violation was a first offense.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Summary of public comments and feedback on the statement of scope:

A preliminary public hearing on scope was held on July 12, 2019. No comments were received.

Comparison with rules in adjacent states:

Illinois:

The Illinois Division of Professional Regulation of the Department of Financial and Professional Regulation has the authority “to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates, or authorities.” (20 ILCS 2105-15 (a) (5)). There is no specific provision for summary suspension or limitation, or the issuance of administrative warnings.

Iowa:

Iowa allows a board to suspend a license “in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the board by emergency adjudication order.” (IAC 193-7.36). Iowa administrative code does not specifically provide for administrative warnings.

Michigan:

The Michigan Administrative Procedures Act allows for summary suspension of a license upon a finding that the public health, safety, and welfare requires emergency action. It does not specifically provide for summary limitation of a credential. (MCL 24.292 (2)). Michigan law does not expressly allow for administrative warnings.