Wisconsin Administrative Code

VE 2.26 Unprofessional conduct. The following acts constitute unprofessional conduct by a veterinary technician and are prohibited: (1) Unprofessional conduct under s. 89.07 (1), Stats. (2) Performing as a veterinary technician unless supervised as specified under s. VE 1.44 (4),…

VE 2.28 Board action. The board may reprimand the certificate holder or deny, suspend, limit or revoke a certification under this chapter for cause, including any of the following: (1) Filing an incomplete or fraudulent application, or misrepresenting any information on an applic…

VE 3.01 Authority. The rules in this chapter are adopted by the veterinary examining board pursuant to the authority in ss. 89.03 (1), 227.11 (2) (a) and 227.51 (3), Stats.

VE 3.02 Definitions. In this chapter: (1) XAdministrative injunctionY means a special order enjoining a person from the continuation of a practice or use of a title without a credential required under ch. 89, Stats. (2) XAdministrative law judgeY means the administrative law judg…

VE 3.04 Scope; 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 3.06 Receiving 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 3.08 Screening. 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: (1) Whether the person complained against is credentialed. (2) Whether the …

VE 3.10 Non-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 3.12 Negotiated settlement. (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. Wher…

VE 3.14 Issuing 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: (1) That there is specifi…

VE 3.16 Contents of an administrative warning. (1) An administrative warning shall be issued in writing, shall state the findings required by s. VE 3.12, and include a notice of the right to request a review under s. VE 3.18. (2) An administrative warning may be issued to a crede…

VE 3.18 Review of an administrative warning. A credential holder who has been issued an administrative warning may make a request in writing for the board to review its issuance within 20 days after the date of mailing or emailing. The request shall be in writing and set forth: (…

VE 3.20 Administrative warning review procedures. The procedures for an administrative warning review are: (1) Within 45 calendar days of receipt of a request for review, the board shall notify the credential holder of the time and place of the review. (2) No discovery is permitt…

VE 3.22 Review record. The credential holder may request a copy of the recorded review at no cost. Subchapter III — Procedures for Disciplinary Proceedings

VE 3.24 Scope. This subchapter governs procedures in all disciplinary proceedings against credential holders before the board.

VE 3.26 Commencement of disciplinary proceedings. Disciplinary proceedings commence when a complaint is served upon the respondent. VE 3.36 law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall…

VE 3.28 Pleadings to be captioned. All pleadings, notices, orders, and other papers filed in disciplinary proceedings shall be captioned: XBEFORE THE WISCONSIN VETERINARY EXAMINING BOARDY and shall be entitled: XIN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST _____________, RES…

VE 3.30 Complaint. The disciplinary counsel may make a complaint upon information and belief and it shall contain: (1) The name and address of the credential holder complained against and the name and address of the complainant. (2) A short statement in plain language of the caus…

VE 3.32 Service and filing of complaint. (1) The complaint and other papers may be served on a respondent by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmissi…

VE 3.34 Answer. (1) An answer to a complaint shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to…

VE 3.36 Administrative law judge. (1) DESIGNATION. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding. (2) AUTHORITY AND DUTIES. An administrative law judge may, on behalf of the board, do all of the following: (a) Gain permis…

VE 3.38 Settlements. At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative and disciplinary counsel, setting forth the agreed terms of settlem…

VE 3.40 Conduct of hearing. (1) RECORD. An electronic or stenographic recording shall be made of all hearings in which the testimony of a witness is offered as evidence. (2) EVIDENCE. The respondent shall have the right to appear in person or by counsel, and both parties have the…

VE 3.42 Witness fees and costs. Witnesses subpoenaed at the request of the disciplinary counsel shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

VE 3.44 Record of proceedings, transcripts. (1) RECORD OF ORAL PROCEEDINGS. Oral proceedings in a disciplinary proceeding shall be electronically recorded unless the administrative law judge determines that a stenographic record is required. (2) ELECTRONIC RECORDING; COPIES. If a…

VE 3.46 Proposed decision. The administrative law judge shall prepare a proposed decision for consideration by the board. The proposed decision shall include proposed findings of fact, conclusions of law, and a final order, with a signed opinion explaining the proposed decision.

VE 3.48 Assessment of costs. (1) The proposed decision shall include a recommendation whether all or part of the costs of the proceeding shall be assessed against the respondent. (2) If a respondent objects to the recommendation that costs be assessed, objections to the assessmen…

VE 3.50 Service of proposed decision. The administrative law judge shall deliver the proposed decision, with a copy of the record including the electronic recording of the proceedings, to the board. The administrative law judge shall serve the proposed decision on the parties, in…

VE 3.52 Final decision and order. After the time expires for filing all objections to the proposed decision and order, including assessment of costs, the board shall meet to make a final decision and order in a disciplinary proceeding. The final decision and order shall include a…

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

VE 3.56 Petition for summary suspension or limitation. (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 resp…

VE 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 …

VE 3.60 Issuance of summary suspension or limitation order. (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 i…

VE 3.62 Contents of summary suspension or limitation order. The summary suspension or limitation order shall include all of the following: (1) The manner in which the respondent or the respondent[s attorney was notified of the petition for summary suspension or limitation. (2) Th…

VE 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 3.66 Hearing to show cause. (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. (2) Unless the parties otherwise agree, n…

VE 3.68 Delegation. (1) The board may delegate authority to preside over and rule in a hearing to show cause to an administrative law judge employed by the division. the chapter was last published. WISCONSIN ADMINISTRATIVE CODE VE 3.68 (2) A delegation of authority under sub. (1)…

VE 3.70 Commencement of disciplinary proceeding. (1) A complaint, under s. VE 3.26, commencing a disciplinary proceeding against the respondent shall be issued no later than 20 days following the issuance of the summary suspension or limitation order or the suspension or limitati…

VE 3.72 Scope; kinds of proceedings. This subchapter governs procedures for public hearings before the department to determine whether a person has engaged in a practice or used a title without a credential required under ch. 89, Stats., and whether to issue a special order for a…

VE 3.74 Pleadings to be captioned. All pleadings, notices, orders, and other papers filed in an administrative injunction proceeding shall be captioned: XBEFORE THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTIONY and shall be entitled: XIN THE MATTER OF A PETITION FOR A…

VE 3.76 Petition for administrative injunction. Department counsel, on behalf of the division, may petition for a special order from the department to issue an administrative injunction, which shall allege that a person has engaged in a practice or used a title without a credenti…

VE 3.80 Answer. (1) An answer to a petition shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to …

VE 3.82 Administrative law judge. (1) DESIGNATION. The department may request DHA assign an administrative law judge to preside over any administrative injunction proceeding. (2) AUTHORITY AND DUTIES. An administrative law judge may, on behalf of the department, do all of the fol…

VE 3.84 Settlements. At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative, and the division representative and department counsel, setting fo…

VE 3.86 Conduct of public hearing. (1) RECORD. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence. (2) EVIDENCE. The respondent shall have the right to appear in person or by counsel, and both partie…

VE 3.88 Witness fees and costs. Witnesses subpoenaed at the request of the department shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

VE 3.90 Record of proceedings, transcripts. (1) RECORD OF ORAL PROCEEDINGS. Oral proceedings in an administrative injunction case shall be electronically recorded unless the administrative law judge determines that a stenographic record is necessary. (2) ELECTRONIC RECORDING; COP…

VE 3.92 Decision. The administrative law judge shall prepare a proposed decision for consideration by the department or a final decision, if designated as final decision maker. The decision, whether proposed or final, shall include findings of fact, conclusions of law, and an ord…

VE 3.94 Service of decision. The administrative law judge shall deliver the proposed or final decision, with a copy of the record including the electronic recording of the proceedings, to the department. The proposed or final decision shall be served by the administrative law jud…

VE 3.96 Final decision and order. After the time expires for filing all objections to the proposed decision and order, the department or the administrator of DHA shall make a final decision and order in the administrative injunction proceeding. If the final decision varies from t…