DHS 12.03(25)(b)5.5. The supervision or evaluation of the person’s work or job performance, including imposing discipline or awarding performance awards. DHS 12.03(25)(b)6.6. The compensation the person receives for performing his or her duties. DHS 12.03 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; corrections in (1), (3), (9), (15), (21) and (22) (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0832: emerg. r. and recr. (15), cr. (20m), eff. 11-1-08; CR 08-098: r. and recr. (15), cr. (20m) Register June 2009 No. 642, eff. 7-1-09; correction in (24) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 659; CR 20-067: am. (12), (17) (a) 2., r. (22) Register December 2021 No. 792, eff. 1-1-22. DHS 12.04DHS 12.04 Contracting for background checks. DHS 12.04(1)(1) An entity may enter into and shall retain an agreement or contract with any entity identified under s. 48.685 (1) (b) or 50.065 (1) (c), Stats., or with any college, or university, including any vocational or technical college or school, or temporary employment agency or other person, to have the entity, school, temporary employment agency, or other person obtain and retain required background information related to caregivers, including contractors, students, or temporary employees, who, as part of their curriculum, must participate in clinical or practicum experiences at an entity. DHS 12.04(2)(2) An entity that enters into an agreement or contract under sub. (1) shall obtain, at a minimum, from the other entity, university, college or technical school, temporary employment agency, or other person contracted with, and shall retain so that it may be promptly retrieved for inspection by the agency, a letter indicating the name or names and social security numbers, if available, of the caregivers, including temporary employees, contractors, or students, listing any convictions learned of during the course of the required background checks, along with any substantiated findings of misconduct, licensure denial or restriction or any other credential limitation found by either the department or the department of safety and professional services. DHS 12.04 NoteNote: The only persons who may access information maintained by a county department regarding a substantiated report of child abuse or neglect against a person are those identified in s. 48.981 (7), Stats. DHS 12.04 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674. DHS 12.05(1)(1) Sanctionable entity actions. An entity that commits any of the following acts may be subject to any of the sanctions specified in sub. (2): DHS 12.05(1)(a)(a) Hires, employs, or contracts with a caregiver, or permits to reside at an entity a nonclient resident, where the entity knows or should have known the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or 50.065 (4m) (b), Stats. DHS 12.05(1)(b)(b) Violates any provision of initial background information gathering or periodic background information gathering required by s. 48.685 or 50.065, Stats. DHS 12.05(2)(2) Entity sanctions. Any of the following sanctions may be imposed on any entity that commits any of the acts described in sub. (1): DHS 12.05(2)(b)(b) A requirement that the entity submit to the agency a written corrective action plan specifying corrections that will be made to the identified personnel screening practices needing correction and that the entity implement the plan. DHS 12.05(2)(c)(c) At entity expense, attendance at agency-designated personnel screening training or other appropriate training. DHS 12.05(2)(d)(d) Specific conditions or limitations placed on the license, certification or registration or on a school board-issued contract, including denial, revocation, nonrenewal or suspension of regulatory approval issued by the department, or denial, nonrenewal or termination by a school board of a contract with a day care provider under s. 120.13 (14), Stats. DHS 12.05(2)(e)(e) For a person licensed to operate a child welfare agency, shelter care facility, group foster home or day care facility, any sanction or penalty described in s. 48.715, Stats. DHS 12.05(2)(f)(f) A requirement that the entity use, at entity expense, a temporary employment agency for screening and hiring personnel. DHS 12.05(3)(3) Sanctionable individual actions. Any person who is required to complete a background information disclosure form and who commits any of the following actions may be subject to any of the sanctions specified in sub. (4): DHS 12.05(3)(a)(a) Fails to complete and submit the background information disclosure form to the appropriate agency or entity. DHS 12.05(3)(b)(b) Knowingly gives false information on or knowingly omits information from the background information disclosure form submitted to an agency or entity. DHS 12.05(3)(c)(c) After submitting a background information disclosure form to an agency or entity, subsequently fails to report any information about a conviction for a crime or other act or offense requested on the background information disclosure form, about a substantiated finding of abuse or neglect or a client or of misappropriation of a client’s property, or, in the case of a position for which the person must be credentialed by the department of safety and professional services, about a licensure denial, restriction, or other license limitation by either the department or the department of safety and professional services. DHS 12.05(4)(4) Individual sanctions. All of the following sanctions may be imposed by an agency on any person who commits any of the acts described in sub. (3):