Wisconsin Administrative Code

AT 1.01 Authority. The rules in chs. AT 1 to 5 are adopted pursuant to ss. 15.085 (5) (b), 227.11 (2), 448.9525 (1) and (2), 448.954 (2), 448.9545 (2) (a), 448.955, 448.956 (1) and 448.957 (2), Stats. History: Cr. Register, February, 2001, No. 542, eff. 3-1-01.

AT 1.02 Definitions. In chs. AT 1 to 5: (1e) XAthletic trainingY has the meaning given in s. 448.95 (5), Stats. (1m) XBoardY means the athletic trainers affiliated credentialing board. (1s) XBOCY means the National Athletic Trainers[ Association Board of Certification, Inc. (2) X…

AT 1.03 Use of restricted title. A trainer may engage in the practice of athletic training provided that the trainer does not use a title or designation in violation of s. 448.951, Stats. History: Cr. Register, February, 2001, No. 542, eff. 3-1-01.

AT 1.04 Surety bond or liability insurance coverage. As a precondition to the granting or renewal of a license, an applicant or licensee must submit a certificate of insurance, declarations page, policy binder or other evidence satisfactory to the department that he or she has in…

AT 1.05 Required examinations. For purposes of satisfying the requirements of ss. 448.953 (1) (f) and (h) and 448.954, Stats., the board accepts the results of a credentialing examination administered by BOC or its successor agency.

AT 1.06 Change of address. A licensee shall notify the board of a change of address as required under s. 448.11, Stats. History: Cr. Register, February, 2001, No. 542, eff. 3-1-01. the chapter was last published.

AT 2.01 Applications. An applicant for a license shall file an application and must pay the fee specified in s. 440.05, Stats. An applicant for a license who does not comply with a request for information related to the application within one year from the date of the request sha…

AT 2.02 Application contents. Except as provided under s. AT 2.03, an application for licensure shall satisfy the requirements of s. 448.953, Stats., and include all of the following: (1) Official undergraduate transcripts properly attested to by the degree granting institution a…

AT 2.03 Reciprocal credentials for service members, former service members, and their spouses. A reciprocal athletic trainer license shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines me…

AT 2.06 Late renewal and reinstatement of a license. Failure to renew a license as required under s. 448.955, Stats., shall cause the license to expire. A licensee who allows a license to expire may apply to the board for late renewal or reinstatement of the license by completing…

AT 3.01 Approved courses of study. For purposes of satisfying the requirements of s. 448.9545, Stats., the board shall approve a course of study that has been approved for continuing education credit by BOC or its successor agency.

AT 3.02 Certification of compliance. A licensee shall, at the time of making application for renewal of a license under s. 440.08 (2) (a), Stats., sign a statement on the application for renewal certifying that the licensee has satisfied the 30 hour continuing education requireme…

AT 3.03 Evidence of compliance. The board shall accept as evidence of compliance with this chapter certification by BOC or its successor agency that the licensee has attended and completed continuing education programs approved under s. AT 3.01.

AT 3.04 Retention requirement. The licensee shall retain evidence of compliance for 3 years following the renewal date for the biennium for which 30 hours of credit are required for renewal of a license. History: Cr. Register, February, 2001, No. 542, eff. 3-1-01.

AT 3.05 Audit. The board shall audit any licensee who is under investigation by the board for alleged misconduct for compliance with the continuing education requirements. the chapter was last published.

AT 4.01 Protocol evaluation and treatment procedures. A protocol established by the licensee shall be in writing and may include any of the following evaluation and treatment procedures: (1) Taking a basic medical history when necessary for evaluation and treatment of an injury o…

AT 4.02 Mandatory protocol requirements. A protocol must contain all of the following: (2) The requirement that if a licensee determines that a patient[s medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol, refer …

AT 5.01 Definition. In this section and for purposes of s. 448.957 (2) (f), Stats., Xunprofessional conductY means any practice or behavior which violates the minimum standards for the profession necessary for the protection of the health, safety or welfare of an athlete or the p…

ATCP 1.01 Definitions. In this chapter: (1) XAdministrative law judgeY means the secretary or an examiner whom the secretary appoints in writing, under s. 227.46 (1), Stats., to preside over a contested case. The secretary may appoint an examiner from the department, the departme…

ATCP 1.03 Special orders. (1) ORDERS INCLUDED. (a) A Xspecial order,Y as defined in s. ATCP 1.01 (26), includes all of the following: 1. An order suspending, revoking or imposing conditions on a license. 2. An administrative injunction, including any order issued under s. 88.11 (…

ATCP 1.04 Final orders in contested cases. The final decisionmaker shall, on behalf of the department, issue every final decision and final order in a contested case, as provided under s. ATCP 1.31. An order dismissing any party, proceeding or cause of action is a final order und…

ATCP 1.05 Complaint requesting special order. (1) DIVISION COMPLAINTS. To obtain a special order from the secretary or final decisionmaker, other than in a recovery proceeding, a division shall file a written complaint with the secretary. The complaint shall be signed by the divi…

ATCP 1.06 Request for hearing on department action. (1) WHO MAY REQUEST. A person adversely affected by a department action may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the secretary and shall comply with sub. (2)…

ATCP 1.07 Request for declaratory ruling. (1) FILING A PETITION. An interested person may petition the secretary for a declaratory ruling under s. 227.41, Stats., to determine the applicability to that person of any statute or rule enforced by the department. The petition shall c…

ATCP 1.08 Request for recovery proceeding. (1) DIVISION FILING. To initiate a recovery proceeding under subch. VII of ch. 126, Stats., the trade and consumer protection division shall file all of the following with the secretary: (a) A written request, signed by the division admi…

ATCP 1.10 Administrative law judge[s authority and duties. (1) AUTHORITY. An administrative law judge may, on behalf of the department and according to this chapter, preside over a contested case proceeding and issue orders regulating the conduct of the proceeding. In a contested…

ATCP 1.11 Failure to appear, answer or comply with administrative law judge[s order. (1) SANCTIONS AGAINST DISOBEDIENT PARTY. If a party, without reasonable excuse, fails to file an answer or pleading as required by s. ATCP 1.21, fails to make a required appearance in a proceedin…

ATCP 1.12 Party may appear by attorney. (1) GENERAL. In any contested case, a party may be represented by an attorney who is authorized to practice law in this state. An attorney retained to represent any party in a contested case shall immediately give notice of that representat…

ATCP 1.13 Documents; filing, identification and service. (1) DOCKET FILE. The department shall create a docket file for every contested case. The docket file shall be captioned with the docket number and title of the case, XIn the matter of ......... Y. The docket file shall incl…

ATCP 1.14 Motions. (1) GENERAL. Except as provided under subch. III, a person requesting an order from the administrative law judge or final decisionmaker shall make that request in the form of a motion. A motion shall clearly describe the order sought, and the grounds for granti…

ATCP 1.15 Subpoenas. (1) GENERAL. The final decisionmaker, administrative law judge, or a party[s attorney of record may issue a subpoena in a contested case to compel the attendance of any witness or the production of relevant evidence. (2) REQUEST FOR SUBPOENA. A party may requ…

ATCP 1.16 Record of oral proceedings; transcripts. (1) RECORD OF ORAL PROCEEDINGS. Oral proceedings in a contested case shall be stenographically or electronically recorded. Oral proceedings in a contested case shall be electronically recorded unless the administrative law judge …

ATCP 1.20 Hearing notice. To initiate a contested case proceeding, the secretary shall issue a hearing notice to each of the parties. The hearing notice shall be signed and dated by the secretary, and shall be captioned as provided in s. ATCP 1.13 (2). The hearing notice shall in…

ATCP 1.21 Answers; required pleadings. (1) ANSWER. (a) If a respondent is named in a complaint under s. ATCP 1.05, and is served with a copy of the complaint and the hearing notice issued under s. ATCP 1.20, the respondent shall file a written answer to the complaint. The respond…

ATCP 1.22 Prehearing conference. (1) GENERAL. The hearing notice under s. ATCP 1.20 may require the parties to appear at a prehearing conference. The administrative law judge may also require the parties to attend one or more prehearing conferences. Note: A prehearing conference …

ATCP 1.23 Discovery. (1) CLASS 2 CONTESTED CASES. In a class 2 contested case, every party is entitled to discovery as provided in s. 227.45 (7) and ch. 804, Stats. (2) OTHER CONTESTED CASES. In a class 1 or class 3 contested case, the administrative law judge may by order author…

ATCP 1.24 Settlement. (1) GENERAL. At any point in a contested case proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both of the following: (a) A written stipulation, signed by the parties or their representatives, setting forth th…

ATCP 1.25 Hearing. (1) HEARING TIME AND LOCATION. (a) A contested case hearing shall be held at a time and location specified in the hearing notice under s. ATCP 1.20, or at a time and location specified by the administrative law judge. In determining the hearing time and locatio…

ATCP 1.26 Briefs. The administrative law judge may require or permit the parties to file arguments in the form of written briefs, or in the form of a proposed decision. The administrative law judge may establish deadlines for the filing of briefs, and may refuse to consider any b…

ATCP 1.30 Proposed decision. (1) ISSUED BY ADMINISTRATIVE LAW JUDGE. If the administrative law judge is not the final decisionmaker in a contested case, the administrative law judge shall prepare a proposed decision for consideration by the final decisionmaker. The proposed decis…

ATCP 1.31 Final decision. (1) GENERAL. The final decisionmaker, after considering any proposed decision and objections under s. ATCP 1.30, shall issue the final decision in a contested case. The final decision shall include findings of fact, conclusions of law and an order. (2) A…

ATCP 1.32 Award of costs and attorneys fees. (1) MOTION; ITEMIZED STATEMENT. If an individual, small nonprofit corporation or small business is a prevailing party in a contested case, that prevailing party may submit a motion for costs and attorneys fees under s. 227.485, Stats. …

ATCP 1.33 Costs upon frivolous claim. (1) Upon motion by any party under s. ATCP 1.14, and in accordance with s. 227.483, Stats., if the administrative law judge finds that a party has initiated or pursued a frivolous action, claim or defense in a contested case, the administrati…

ATCP 1.34 Judicial review; certifying record to court. If a party seeks judicial review of a contested case decision under s. 227.52, Stats., the department shall certify the record of the contested case proceeding to the reviewing court as provided in s. 227.55, Stats. The admin…

ATCP 1.40 Purpose. This subchapter describes, as required by s. 227.04 (2m), Stats., the discretion the department may exercise in the enforcement of rules against small businesses. ATCP 1.42

ATCP 1.41 Definitions. In this subchapter: (1) XMinor violationY means a violation of a department rule by a small business that is not a serious violation because the violation does not cause serious harm to the public and either the violation is not willful, the violation is no…

ATCP 1.42 Exercise of discretion. (1) The department may exercise leniency in the enforcement of rules against small businesses, as compared to other regulated businesses, if all of the following apply: (a) The department has statutory authority to exercise discretion. (b) The ex…