What the statutes mean

These rules describe the procedures the Department of Regulation & Licensing uses for an individual that wants to obtain a chiropractic license, fails an exam they have taken or wants to appeal the score.

An applicant may request a hearing to challenge the validity, scoring or administration of an examination if the applicant has exhausted all of the available administrative remedies, including an internal review of the exam. In addition, either one of the following must apply:

The applicant is no longer eligible to retake a qualifying examination.

Re-examination is not available within 6 months from the date of the applicants last examination.

If an applicant fails an exam they may not request a hearing if they are eligible to retake the examination and the exam is available within 6 months from the date of the applicants last examination.

Frequently asked questions

What notice does an applicant receive if the department does not believe they are eligible for a license.

The department sends the applicant a letter giving the individual notice that they intend to deny them a license because the applicant does not meet the eligibility requirements. A notice will include:

A short statement in plain language of the basis for the anticipated denial.

The statute, rule or other standard upon which the denial will be based.

A statement that the application will be denied unless the chiropractic examining board receives additional information within 45 days that shows the applicant meets the requirements for a license.

If there is any additional information, the applicant needs to get it to the examining board within 45 days or they lose important rights. If the applicant misses this 45-day period, the only remaining option is to request a hearing. They have 45 additional days to make this request.

Submitting additional information is not a guarantee of getting a license. The examining board will review the information to determine if it is sufficient to allow the applicant to receive a license. If it is not, they will issue a Notice of Denial. The applicant then has 45 days in which to request a hearing.

The Notice of Denial will include:

A short statement in plain language of the basis for denial

The specific statute, rule or other standard upon which the denial is based.

What are the requirements for an applicant to request a hearing?

An applicant has 45 days from the date the notice of denial is mailed to request a hearing. Please note, this is 45 days from the date the notice is mailed, not received. The request must be in writing and must contain all of the following:

(1) The applicants name and address.

(2) The type of credential (chiropractic license) for which the applicant has applied.

(3) A specific description of the mistake in fact or law which constitutes reasonable grounds for reversing the decision to deny the application for a chiropractic license. If the applicant claims that factual errors were made, the request must include a concise statement of the essential facts that the applicant intends to prove at the hearing. If the applicant asserts a mistake in law was made, the request must include a statement of the law upon which the applicant relies.

What happens in the denial review hearing.

Within 45 calendar days of the request for a hearing, the examining board will grant or deny the request. If all of the requirements listed above have been met, the request will be granted. The board will notify the applicant as to the time and place of the hearing. If the requirements listed above have not been met, the request will be denied and the applicant will receive a letter explaining the reason for the denial.

Most hearings are presided over by an administrative law judge. However, the examining board can also designate an employee borrowed from another agency or a person employed by the department to preside over the hearing. No discovery is permitted unless the parties agree, except for the taking and preservation of evidence. An applicant may also inspect records as allowed under the public records law. The applicant has the burden of proof to show, by evidence satisfactory to the examining board, that he or she meets the eligibility requirements set by law for a chiropractic license.

A record will be made of all hearings in which the testimony of witnesses is offered as evidence when requested by the applicant or the department. The record is normally an audio or video recording of the hearing.

The individual presiding over the hearing may, for good cause, grant continuances, adjournments and extensions of time.

Subpoenas for the attendance of any witness may be issued.The individual presiding over the hearing may also issue protective orders.

All motions must be in writing, filed with the presiding officer and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion. This, of course, does not apply to motions made at the hearing itself.

The examining board and the applicant have the right to appear in person or appear by counsel. They also have the right to call, examine and cross-examine witnesses and to introduce evidence into the record. If the applicant submits evidence of eligibility for a credential that was not submitted to the examining board prior to the denial of the application, the individual presiding over the hearing may request the examining board to reconsider the application and the evidence of eligibility not previously considered.

The individual presiding over the hearing may require briefs to be filed.

All hearings are held at the offices of the Department of Regulation & Licensing in Madison. There are exceptions for an emergency or if the individual presiding over the hearing determines that the health or safety of a witness or party requires that a hearing be held elsewhere.

If neither the applicant nor his or her representative appears at the hearing, the examining board may take action based upon the information that was previously submitted. If an applicant fails to appear for a hearing, they lose the right to appeal the hearing decision to the examining board.

A request for hearing may be withdrawn at any time. When the examining board receives a request for withdrawal, they will issue an order affirming that the applicant has withdrawn their request for a hearing on the denial of their application for a license.

If a transcript of the hearing is prepared by a reporting service, the fee charged for an original transcription and for copies shall be the amount identified in the state operational purchasing bulletin that identifies the reporting service and its fees. If a transcript is prepared by the department, the department charges a transcription fee of $1.75 per page and a copying fee of $.25 per page, but may divide the transcript fee equitably among the requesters. If the department has prepared a written transcript for its own use prior to the time a request is made, the department will assume the transcription fee, but will charge a copying fee of $.25 per page.

RL 1.01 Authority and scope.

Rules in this chapter are adopted under authority in s. 440.03(1), Stats., for the purpose of governing review of a decision to deny an application. Rules in this chapter do not apply to denial of an application for renewal of a credential. Rules in this chapter shall apply to applications received on or after July 1, 1996.

RL 1.02 Scope.

RL 1.03 Definitions. In this chapter:

(1) Applicant means any person who applies for a credential from the applicable credentialing authority. Person is this subsection includes a business entity.
(2) Credential means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480, Stats.
(3) Crendentialing authoritymeans the department or an attached examining board, affiliated credentialing board or board having authority to issue or deny a credential.
(4) Denial review proceedings means a class I proceeding as defined in s. 227.01(3) (a), Stats., in which a completed application for a credential.
(5) Department means the department of regulation and licensing.
(6) Division means the division of enforcement in the department.

RL 1.04 Examination failure: retake and hearing.

(1) An applicant may request a hearing to challenge the validity, scoring or administration of an examination if the applicant has exhausted other available administrative remedies, including, but not limited to, internal examination review, and if either;

(a) The applicant is no longer eligible to retake a qualifying examination.
(b) Reexamination is not available within 6 months from the date of the applicants last examination.

(2) A failing score on an examination does not give rise to the right to a hearing if the applicant is eligible to retake the examination and reexamination is available within 6 months from the date of the applicants last examination.

Note:

An applicant is not eligible for a license until his or her application is complete. An application is not complete until an applicant has submitted proof of having successfully passed any required qualifying examination. If an applicant fails the qualifying examination, but has the right to retake it within 6 months, the applicant is not entitled to a hearing under this chapter.

RL 1.05 Notice of intent to deny and notice of denial.

(1) NOTICE OF INTENT TO DENY. (a) A notice of intent to deny may be issued upon an initial determination that the applicant does not meet the eligibility requirements for a credential. A notice of intent to deny shall contain a short statement in plain language of the basis for the anticipated denial, specify the statute, rule or other standard upon which the denial will be based and state that the application shall be denied unless, within 45 calendar days from the date of the mailing of the notice, the credentialing authority receives additional information which shows that the applicant meets the requirements for a credential. The notice shall be substantially in the form in Appendix I.

(b) If the credentialing authority does not receive additional information within the 45 day period, the notice of intent to deny shall operate as a notice of denial and the 45 day period for requesting a hearing described in s. RL 1.047 shall commence on the date of mailing of the notice of intent to deny.

(c) If the credentialing authority receives additional information within the 45 day period which fails to show that the applicant meets the requirement for a credential, a notice of denial shall be issued under sub. (2).

(2) NOTICE OF DENIAL.

If the credentialing authority determines that an applicant does not meet the requirements for a credential, the credentialing authority shall issue a notice of denial in the form shown in Appendix II. The notice shall contain a short statement in plain language of the basis for denial, specify the statute, rule or other standard upon which the denial is based, and be substantially in the form shown in Appendix II.

RL 1.06 Parties to a denial review proceeding.

Parties to a denial review proceeding are the applicant, the credentialing authority and any person admitted to appear under s. 227.44 (2m), Stats.

RL 1.07 Request for hearing.

An applicant may request a hearing within 45 calendar days after the mailing of a notice of denial by the credentialing authority. The request shall be in writing and set forth all of the following:

(1) The applicants name and address.
(2) The type of credential for which the applicant has applied.
(3) A specific description of the mistake in fact or law which constitutes reasonable grounds for reversing the decision to deny the application for a credential. If the applicant asserts that a mistake in fact was made, the request which the applicant intends to prove at the hearing. If the applicant asserts a mistake in law was made, the request shall include a statement of the law upon which the applicant relies.

RL 1.08 Procedure

The procedure for a denial review proceeding are:

(1) REVIEW OF REQUEST FOR HEARING. Within 45 calendar days of receipt of a request for hearing, the credentialing authority or its designee shall grant or deny the request for hearing on a denial of a credential. A request shall be granted if requirements in s. RL 1.07 are met, and the credentialing authority or its designee shall notify the applicant of the time, place and nature of the hearing. If requirements in s. RL 1.07 are not met, a hearing shall be denied, and the credentialing authority or its designee shall inform the applicant in writing of the reason for denial. For purposes of a petition for review under s. 227.52, Stats., a request issued within 45 calendar days of its receipt by the credentialing authority.

(2) DESIGNATION OF PRESIDING OFFICER. An administrative law judge employed by the department shall preside over denial hearings, unless the credentialing authority designates otherwise. The administrative law judge shall be an attorney in the department designated by the department general counsel, an employee borrowed from another agency pursuant to s.20.901, Stats., or a person employed by the department, except that the administrative law judge may not be an employe in the division.

(3) DISCOVERY. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804, Stats., with respect to witnesses described in s. 227.45 (7) (a) to (d), Stats. An applicant may inspect records under s. 19.35m Stats., the public records law.

(4) BURDEN OF PROOF. The applicant has the burden of proof to show by evidence satisfactory to the credentialing authority that the applicant meets the eligibility requirements set by law for the credential.

RL 1.09 Conduct of 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, and of other proceedings when requested by a party.

(2) ADJOURNMENTS. The presiding officer may, for good cause, grant continuances, adjournments and extensions of time.

(3) SUBPOENAS. (a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 227.45 (6m), Stats.(b) A presiding officer may issue protective orders according to the provisions of s. 805.07, Stats.

(4) MOTIONS. All motions, except those made at hearing, shall be in writing, filed with the presiding officer and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.

(5) EVIDENCE. The credentialing authority and the applicant shall have the right to appear in person or by counsel, to call, examine into the record. If the applicant submits evidence of eligibility for a credential which was not submitted to the credentialing authority prior to denial of the application, the presiding officer may request the credentialing authority to reconsider the application and the evidence of eligibility not previously considered.

(6) BRIEFS. The presiding officer may require the filing briefs.

(7) LOCATION OF HEARING. All hearings shall be held at the offices of the department in Madison unless the presiding officer determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.

RL 1.10 Service.

Service of any document on an applicant may be made by mail addressed to the applicant at the last address filed in writing by the applicant with the credentialing authority. Service by mail is complete on the date of mailing.

RL 1.11 Failure to appear.

In the event that neither the applicant nor his or her representative appears at the time and place designated for the hearing, the credentialing authority may take action based upon the record as submitted. By failing to appear, an applicant waives any right to appeal before the credentialing authority which denied the license.

RL 1.12 Withdrawal of request.

A request for hearing may be withdrawn at any time. Upon receipt of a request for withdrawal, the credentialing authority shall issue an order affirming the withdrawal of a request for hearing on the denial.

RL 1.13 Transcription fees.

(1) The fee charged for a transcript of a proceeding under this chapter shall be computed by the person or reporting service preparing the transcript on the following basis:
(a) If a transcript is prepared by the reporting service, the fee charged for an original transcription and for copies shall be the amount identified in the state reporting service and its fees.
(b) If a transcript is prepared by the department, the department shall charge a transcription fee of $1.75 per page and a copying fee of $.25 per page, but may divide the transcript fee equitably among the requesters. If the department has prepared a written transcript for its own use prior to the time a request for its own use prior to the time a request is made, the department shall assume the transcription fee, but shall charge a copying fee of $.25 per page.

(2) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of a petition of indigence signed under oath. For purposes of this section, a determination of indigence shall be based on the standards used for making a determination of indigence under s. 977.07, Stats.