440.20 Disciplinary proceedings.
(1) Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplinary proceedings against any holder of a credential.
(3) The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence.
(4)
(a) The department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend, or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (3m) (b) or (f) or (5m).
(b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.
(5)
(a) The department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.
(b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.
History: 1977 c. 418; 1979 c. 34; 1985 a. 29; 1989 a. 31, 201; 1991 a. 39; 1993 a. 16, 27, 102, 107, 490; 2009 a. 209; 2013 a. 124; 2017 a. 331.
The constitutionality of sub. (3) is upheld. Gandhi v. Medical Examining Board, 168 Wis. 2d 299, 483 N.W.2d 295 (Ct. App. 1992).
Laches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public-the right to have licensed psychologists comply with the requirements of their licenses. Stein v. WI Psychology Examining Board, 2003 WI App 147, 265 Wis. 2d 781, 668 N.W.2d 112, 02-2726.
A hearing is not required for a complaint filed under this section. 68 Atty. Gen. 30.
The “preponderance of the evidence" burden of proof under sub. (3) does not violate the due process rights of a licensee. 75 Atty. Gen. 76.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 440 - Department of safety and professional services.
440.03 - General duties and powers of the department.
440.032 - Sign language interpreting.
440.035 - General duties and powers of examining boards and affiliated credentialing boards.
440.04 - Duties of the secretary.
440.042 - Advisory committees.
440.043 - Behavioral health review committee.
440.052 - Initial credential fee reduction.
440.055 - Credit card payments.
440.06 - Refunds and reexaminations.
440.07 - Examination standards and services.
440.071 - No degree completion requirement to sit for examination.
440.075 - Military service education, training, instruction, or other experience.
440.077 - Military medical personnel program.
440.09 - Reciprocal credentials for service members, former service members, and their spouses.
440.094 - Practice by health care providers from other states.
440.11 - Communications with department.
440.121 - Credential denial, nonrenewal, and revocation based on incompetency.
440.13 - Delinquency in support payments; failure to comply with subpoena or warrant.
440.14 - Nondisclosure of certain personal information.
440.19 - Voluntary surrender of license, permit, or certificate.
440.20 - Disciplinary proceedings.
440.205 - Administrative warnings.
440.21 - Enforcement of laws requiring credential.
440.23 - Cancellation of credential; reinstatement.
440.26 - Private detectives, investigators and security personnel; licenses and permits.
440.311 - Use of title; penalty.
440.316 - Disciplinary proceedings and actions.
440.415 - Licensure of transportation network companies.
440.43 - Identification of participating drivers.
440.44 - Zero tolerance for use of drugs or alcohol.
440.445 - Certain requirements for participating drivers and their personal vehicles.
440.45 - Nondiscrimination; accessibility.
440.46 - Personally identifiable information.
440.465 - Limitations on local and other regulation.
440.49 - Disciplinary proceedings and actions.
440.51 - Statewide peddler's licenses for ex-soldiers.
440.52 - Private trade, correspondence, business, and technical schools.
440.62 - School and specialty school licensure.
440.63 - Persons providing practical instruction in schools.
440.635 - Persons providing practical instruction in specialty schools.
440.64 - Regulation of schools and specialty schools.
440.71 - Registration; renewal.
440.75 - Liability of a person who directs the cremation of human remains.
440.76 - Revocation of authorization.
440.77 - Delivery and acceptance of human remains.
440.78 - Cremation requirements.
440.79 - Deliveries of cremated remains.
440.80 - Disposition of cremated remains.
440.82 - Exemptions from liability.
440.83 - Electronic transmission permitted.
440.88 - Substance abuse counselors, clinical supervisors, and prevention specialists.
440.905 - General duties and powers of board.
440.91 - Cemetery authorities and cemetery salespersons.
440.92 - Cemetery preneed sellers.
440.93 - Disciplinary actions and proceedings.
440.947 - Disclosures and representations for certain sales.
440.971 - Registry established.
440.9712 - Registration required.
440.972 - Registration of home inspectors.
440.975 - Standards of practice.
440.976 - Disclaimers or limitation of liability.
440.977 - Liability of home inspectors.
440.978 - Discipline; prohibited acts.
440.979 - Report by department.
440.98 - Sanitarians; qualifications, duties, registration.
440.981 - Use of title; penalty.
440.983 - Renewal of licensure.
440.986 - Disciplinary proceedings and actions.
440.988 - Vicarious liability.
440.9905 - Service of process.
440.991 - Athlete agents: registration required; void contracts.
440.9915 - Registration as athlete agent; form; requirements; reciprocal registration.
440.992 - Certificate of registration; issuance or denial; renewal.
440.9925 - Suspension, revocation, or refusal to renew registration.
440.993 - Temporary registration.
440.994 - Required form of contract.
440.9945 - Notice to educational institution.
440.995 - Student athlete's right to cancel.
440.9965 - Criminal penalties.
440.9975 - Administrative forfeiture.
440.998 - Uniformity of application and construction.
440.9985 - Relation to Electronic Signatures in Global and National Commerce Act.