VE 3.02(21)(21)“Respondent” means a credential holder who is charged in a disciplinary proceeding or a person who is charged in an administrative injunction proceeding.
VE 3.02(22)(22)“Screening” means preliminary review of complaints to determine the disposition of any informal complaints.
VE 3.02(23)(23)“Screening committee” means the committee of the board that meets with disciplinary counsel to determine the disposition of any informal complaints.
VE 3.02(24)(24)“Special order” means an administrative order issued by the department enforced against a named or identified person.
VE 3.02 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
subch. II of ch. VE 3Subchapter II — Procedures for Informal Complaints
VE 3.04VE 3.04Scope; kinds of proceedings. This subchapter governs procedures for investigating and disposing of informal complaints against credential holders and non-credentialed entities before the board and persons before the department.
VE 3.04 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
VE 3.06VE 3.06Receiving informal complaints. All informal complaints received shall be referred to the office of legal counsel in the department for filing, screening and, if necessary, investigation.
VE 3.06 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
VE 3.08VE 3.08Screening. Screening for complaints against credential holders shall be done by the board’s screening committee, in consultation with the disciplinary counsel. Considerations in screening include:
VE 3.08(1)(1)Whether the person complained against is credentialed.
VE 3.08(2)(2)Whether the matter alleged is a violation of any statute, rule, regulation, or standard of practice.
VE 3.08(3)(3)Whether the matter alleged, if taken as a whole, is any of the following:
VE 3.08(3)(a)(a) Not a violation, so that the matter may be closed.
VE 3.08(3)(b)(b) A minor violation, so that the matter may be disposed of with an administrative warning.
VE 3.08(3)(c)(c) Requires further investigation by disciplinary counsel, with assistance by a case advisor and department staff as assigned.
VE 3.08 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
VE 3.10VE 3.10Non-credentialed persons. Department staff shall investigate complaints, and may consult with the board, concerning any complaint against a person who may be engaged in the practice of veterinary medicine or veterinary technology without holding a credential.
VE 3.10 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
VE 3.12VE 3.12Negotiated settlement.
VE 3.12(1)(1)When initiated. At the discretion of the disciplinary counsel, in consultation with the case advisor in assigned matters, or department counsel, negotiations for settlement may be held prior to the commencement of a disciplinary proceeding. Where the informal complaint investigation reveals undisputed or clearly ascertainable facts, from documents received, resolution through negotiations is encouraged.
VE 3.12(2)(2)Limitation. Negotiations for settlement shall not be held without the consent of the credential holder. No agreement reached between the parties through negotiations, which imposes discipline upon a credential holder, shall be effective or binding until the parties stipulate to the agreement in writing, signed by the credential holder and any representative and disciplinary counsel, for approval by the board in a signed final order.
VE 3.12(3)(3)Oral statements in negotiations. Oral statements made during negotiations shall not be introduced into or made part of the record in a disciplinary proceeding.
VE 3.12 HistoryHistory: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.
VE 3.14VE 3.14Issuing an administrative warning. In lieu of commencing disciplinary proceedings under subch. III or injunction proceedings under subch. IV, the board or department may issue an administrative warning, after making all of the following findings:
VE 3.14(1)(1)That there is specific evidence of misconduct by the credential holder.
VE 3.14(2)(2)That the misconduct is a minor violation of a statute or rule related to the profession or other conduct for which discipline or an administrative injunction may be imposed.
VE 3.14(3)(3)That issuance of an administrative warning will adequately protect the public.