VE 3.54VE 3.54 Scope. This subchapter governs procedures in all summary suspension or limitation proceedings against credential holders before the board.

VE 3.56VE 3.56 Petition for summary suspension or limitation.

VE 3.56(1)(1) The disciplinary counsel shall petition the board for a summary suspension or limitation. The petition shall state the name and credential 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 summary suspension or limitation of the respondent’s credential.

VE 3.56(2)(2) The petitioner shall sign the petition upon oath and make the petition upon information and belief or by affidavit of another person with knowledge of the necessary facts to sustain the petition.

VE 3.58VE 3.58 Notice of petition to respondent. Prior to presenting the petition, the petitioner shall give notice to the respondent and respondent’s authorized representative of the time and place when the petition will be presented to the board. 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 board, pursuant to s. 227.44 (1), Stats. Notice by mail is complete upon mailing. Notice may also be given by electronic transmission if agreed to by the respondent or authorized representative.

VE 3.60VE 3.60 Issuance of summary suspension or limitation order.

VE 3.60(1)(1) If the board finds that notice has been given under s. VE 3.58 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 credential, the board 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. VE 3.26.

VE 3.60(3)(3) The summary suspension or limitation order shall be effective upon service, under s. VE 3.62, or upon actual notice of the summary suspension or limitation order to the respondent or respondent’s attorney, whichever is sooner. The order shall continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the credential is restored or the limitation is lifted under s. VE 3.64 or the disciplinary proceeding is otherwise terminated.

VE 3.62VE 3.62 Contents of summary suspension or limitation order. The summary suspension or limitation order shall include all of the following:

VE 3.62(1)(1) The manner in which the respondent or the respondent’s attorney was notified of the petition for summary suspension or limitation.

VE 3.62(2)(2) 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.

VE 3.62(3)(3) A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s credential.

VE 3.62(4)(4) 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 board.

VE 3.62(5)(5) A statement of the respondent’s right to request a hearing at any time to show cause why the summary suspension or limitation order should not be continued, with the board’s office mailing address or email address where a request for hearing may be filed.

VE 3.62(6)(6) A statement that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the board of respondent’s request for hearing, unless a later time is requested by or agreed to by the respondent.

VE 3.64VE 3.64 Service of summary suspension or limitation order. An order of summary suspension or limitation shall be served upon the respondent by mail or by email if agreed to by respondent or respondent’s attorney.

VE 3.66VE 3.66 Hearing to show cause.

VE 3.66(1)(1) A hearing to show cause shall be scheduled for a date no later than 20 days after the filing of the request for hearing with the board, unless a later time is requested by or agreed to by the respondent.

VE 3.66(2)(2) 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.

VE 3.66(3)(3) At the hearing to show cause, the disciplinary counsel may call, examine and cross-examine witnesses, or present other evidence in order sustain its burden to show, by a preponderance of the evidence, why the summary suspension or limitation order should be continued. The respondent may testify, call, examine and cross-examine witnesses, and offer other evidence to rebut disciplinary counsel’s showing.