Wisconsin Administrative Code

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…

VE 4.01 Authority and purpose. Pursuant to s. 89.03 (3), Stats., the board adopts these rules specifying a procedure for addressing allegations that a person licensed or certified by the board under this chapter has practiced as a veterinarian or veterinary technician while impai…

VE 4.02 Definitions. As used this chapter: (1) XComplaintY means any written information submitted by any person to the board which requests that a disciplinary proceeding be commenced against a credential holder or which alleges facts, which if true, warrant discipline. (2) XCre…

VE 4.04 Contract for program. (1) The board may enter into a contract with a nonprofit corporation or veterinary professional association to provide a veterinary professional assistance program, which may include any or all of the following: (a) Contracting with assessment, testi…

VE 4.06 Referral to and eligibility for disciplinary program. (1) The board, or disciplinary counsel upon direction by the screening panel, may stipulate with a credential holder in the disciplinary process, to refer the credential holder to the disciplinary program as part of a …

VE 4.08 Requirements for disciplinary program participation. (1) A credential holder who participates in the disciplinary program shall do all of the following: (a) Sign a participation agreement with the program and provide a copy to the board. (b) Obtain a comprehensive assessm…

VE 4.10 Disciplinary program participation agreement. (1) The credential holder[s participation agreement in the disciplinary program shall at a minimum include: (a) A statement describing the credential holder[s conduct, relating to participation in the program. (b) An acknowled…

VE 4.12 Approval of service providers. (1) The program may approve a service provider designated by a credential holder for the purpose of participation in the program if: (a) The service provider is a facility where all of the following apply: 1. The facility is certified by app…

VE 4.14 Approval of service providers for alcohol, drug or other chemical testing. (1) The program shall approve service providers for use by credential holders, who participate in alcohol, drug, or other chemical monitoring programs pursuant to stipulations between the board and…

VE 4.16 Records. (1) CUSTODIAN. All records relating to the program including applications for participation, agreements for participation, and reports of participation shall be maintained by the program, on behalf of the board as custodian.

VE 4.18 Reports to board. The program shall report to the board at least once a year and at other times, if requested to do so by the board. History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18. the chapter was last published.

WEM 1.01 Purpose. The purpose of this chapter is to establish a fee payment structure for owners or operators of facilities with hazardous chemicals present, as required by s. 323.60 (7), Stats. History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, August, 199…

WEM 1.02 Definitions. In this chapter: (1) XBatch plantY means an operating installation of equipment including batchers and mixers as required by batching and mixing concrete or asphalt materials. (2) XCommitteeY has the meaning given in s. 323.60 (1) (b), Stats. (3) XDivisionY …

WEM 1.03 Emergency planning notification fee. Except as provided in s. WEM 1.06, an owner or operator shall timely submit a one-time fee of $1,080 per facility with the onetime emergency planning notification required under s. 323.60 (5) (a), Stats. To be considered timely, the r…

WEM 1.04 Hazardous chemical inventory reporting and inventory form fee. (1) An owner or operator of a facility required to timely submit an inventory form under s. 323.60 (5) (c), Stats., shall submit a Tier II inventory form, a site plan, inventory form fee statement and the app…

WEM 1.05 Surcharge. An owner or operator who fails to pay a fee under s. WEM 1.03 or 1.04 on or before its due date shall pay a surcharge of 20% of the unpaid balance of the fee due. History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, April, 1994, No. 460, e…

WEM 1.06 Exemptions, emergency planning notification fee. A facility is not required to pay a fee under s. WEM 1.03 if any of the following apply: (1) A facility meets the exemption criteria in s. 323.60 (7) (d), Stats. (2) A facility has submitted a planning notification fee und…

WEM 1.07 Exemptions, inventory form fee. A facility is not required to pay a fee under s. WEM 1.04 if any of the following apply: (1) The facility meets the exemption criteria in s. 323.60 (7) (d), Stats. (2) A facility is not required to pay a fee under s. WEM 1.04 (7) (a) to (h…

WEM 2.01 Purpose. The purpose of this chapter is to establish the procedure to authorize individuals to conduct inspections on behalf of the division or committee, as required by s. 323.60 (7m) (b), Stats. History: Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction made un…

WEM 2.02 Definitions. In this chapter: (1) XCommitteeY has the meaning given in s. 323.60 (1) (b), Stats. (2) XDivisionY means the division of emergency management. (3) XFirst responder awarenessY means a training course that meets the criteria established in 40 CFR 311 and 29 CF…