What the statutes mean

No one may use the title of chiropractor or the initials "D.C." unless they have a license to practice chiropractic. If an individual pretends to be a chiropractor, a complaint may be filed with the Department of Regulation & Licensing. If the department determines that the complaint has merit, the department may seek an administrative injunction against the individual.

An administrative injunction is a special order that forbids a person from pretending to be a chiropractor until they have obtained a chiropractic license. These rules define the procedures that the Department of Regulation & Licensing uses to determine if a person has acted as a chiropractor or used the title of Chiropractor or "D.C." without a license. They also define the procedures for issuing an injunction to stop the individual.

What must be included in the department's request for an administrative injunction?

A petition for an administrative injunction must allege that a person has acted as a chiropractor or used a title of chiropractor or "D.C." without a chiropractic license. The request for an administrative injunction must include:

• The name and address of the person believed to have violated the rule.
• The name and address of the prosecuting attorney in the division of enforcement.
• A short statement in plain language of the basis for the belief that the individual has acted as a chiropractor or used a chiropractic title improperly. The statement must list the statute or rule alleged to have been violated.
• A request that basically follows this form: "Wherefore, the division demands that a public hearing be held and that the department issue a special order enjoining the person from the continuation of the practice or use of the title."
• The signature of an attorney acting for the division of enforcement.

How is an individual notified of a hearing?

A notice of the hearing must be sent to the individual at least 10 days prior to the hearing. In the case of an emergency, shorter notice may be given, but an individual will always receive at least a 48-hour notice. The notice is sent by mail to the last known address of the individual. The individual is considered notified once the notice has been mailed.

If the individual is required to file any papers with the Department of Regulation and Licensing, they may be filed with the department or with the administrative law judge. An answer is considered filed when it is actually received with the exception of faxes. They are considered filed on the first business day after they are received.

How does an individual respond to an allegation?

An individual's answer must state in short and plain terms the defenses to each allegation and must admit or deny the allegations. If the individual does not have enough knowledge or information to know if the allegation is true, they must state this fact and the statement will serve as a denial. A denial is required to address the substance of each allegation; however, an individual has the right to partially deny an allegation as long as he or she does so accurately. An answer must be filed within 20 days and any allegation that is not denied is considered an admission.

Who presides over an administrative injunction proceeding?

Administrative injunction proceedings are presided over by an administrative law judge. The administrative law judge is an attorney in the Department of Regulation and Licensing, an employee borrowed from another agency, or a person employed as a special project or limited term employee by the department. The administrative law judge may not be an employee in the division of enforcement.

The administrative law judge may require the accused individual and the division of enforcement to appear at a conference to consider ways to simplify the issues or other activities that might aid in resolving the matter. The conference may be by telephone.

An administrative law judge prepares a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the Department of Regulation and Licensing as the final decision in the case. The administrative law judge gives the proposed decision to all parties. The losing party receives a notice explaining their rights to file an objection with the department. The losing party has at least 10 days from the date they receive the proposed decision to file objections.

What happens if an individual does not show up for a hearing?

If the accused individual fails to answer as required or fails to appear at the hearing, they are in default and the department may come to a decision and enter an order on the basis of the complaint and other evidence. The department may, for good cause, give the accused individual an opportunity to respond, or appear, at a later time.

How is a hearing conducted?

• The hearing is presided over by an administrative law judge.
• A stenographic, electronic or other record is made of all hearings in which the testimony of witnesses is offered as evidence. It is not unusual for a video to be made of the hearing.
• The division of enforcement and the accused individual have the right to appear in person or have their attorney appear on their behalf. The may call, examine, and cross-examine witnesses and introduce evidence into the record.
• The administrative law judge may require the filing of briefs.
• A request to the administrative law judge to issue an order must be made by a motion. Unless the motion is made during a hearing or pre-hearing conference it must be in writing. It must give detailed reasons why the order should be issued and the relief or the order that is sought.
• A motion must be filed with the administrative law judge and a copy given to the opposing party not later than 5 days before the motion is heard. Any briefs or other papers in support of a motion, including affidavits and documentary evidence, must be filed with the motion.

• The administrative law judge may grant continuances, adjournments and extensions of time if there is good cause.
• Subpoenas for the attendance of witnesses may be issued. A subpoena may require the person to turn over books, papers, documents, or other items.
• An administrative law judge may issue protective orders.

• All hearings are held at the Department of Regulation and Licensing offices in Madison unless the administrative law judge decides to hold it elsewhere because there is an emergency or for health or safety reasons.
• Witnesses subpoenaed by the division of enforcement are entitled to compensation from the state for attendance and travel.

• The examining board's final decision and order must include a decision whether all or part of the costs of the proceeding must be paid by the chiropractor. When costs are imposed, the division of enforcement and the administrative law judge must detail all of the costs within 15 days of the date of the final decision. The chiropractor must file any objection to the costs within 30 days of the date of the final decision. The examining board must review the objections and affirm or modify its decision without a hearing.

Statute excerpts

• RL 3.01 Authority
• RL 3.02 Scope; kinds of proceedings
• RL 3.03 Definitions
• RL 3.04 Pleadings to be captioned
• RL 3.05 Petition for administrative injunction
• RL 3.06 Notice of hearing
• RL 3.07 Service and filing of petition, notice of hearing and other papers
• RL 3.08 Answer
• RL 3.09 Administrative law judge
• RL 3.10 Prehearing conference
• RL 3.11 Settlements
• RL 3.12 Discovery
• RL 3.13 Default
• RL 3.14 Conduct of hearing
• RL 3.15 Witness fees and costs
• RL 3.16 Transcription fees

RL 3.01 Authority

The rules in ch. RL 3 are adopted pursuant to authority in ss. 440.03 (1) and 440.21, Stat.

RL 3.02 Scope; kinds of proceedings.

The rules in this chapter govern procedures in public hearings before the department to determine and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 459, Stats., and for issuance of an administrative injunction.

RL 3.03 Definitions. In this chapter:

1. "Administrative injunction" means a special order enjoining a person from the continuation of a practice or use of a title without a credential required under chs. 440 to 459, Stats.
2. "Credential" mans a license, permit, or certificate of certification or registration that is issued under chs. 440 to 459, Stats.
3. "Department" means the department of regulation and licensing.
4. "Division" means the division of enforcement in the department.
5. "Petition" means a document which meets the requirements of s. RL 3.05.
6. "Respondent" means the person against whom an administrative injunction proceeding has been commenced and who is named as respondent in a petition.

RL 3.04 Pleadings to be captioned.

All pleadings, notices orders, and other papers filed in an administrative injunction proceeding shall be captioned: "BEFORE THE DEPARTMENT OF REGULATION AND LICENSING" and shall be entitled: "IN THE MATTER OF A PETITION FOR AN ADMINISTRATIVE INJUNCTION INVOLVING ________________, RESOPNDENT."

RL 3.05 Petition for administrative injunction.

A petition for an administrative injunction shall allege that a person has engaged in a practice or used a title without a credential required under chs. 440 to 459, Stats. A petition may be made on information and belief and shall contain:

1. The name and address of the respondent and the name and address of the attorney in the division who is prosecuting the petition for the division;
2. A short statement in plain language of the basis for the division's belief that the respondent has engaged in a practice or used a title without a credential required under chs. 440to 459, Stats., and specifying the statute or rule alleged to have been violated;
3. A request in essentially the following form: "wherefore, the division demands that a public hearing be held and that the department issue a special order enjoining the person from the continuation of the practice or use of the title;" and
4. The signature of an attorney authorized by the division to sign the petition.

RL 3.06 Notice of hearing.

1. A notice of hearing shall be sent to the respondent by the division at least 10 days prior to the hearing, except in the case of an emergency in which shorter notice may be given, but in no case may the notice be provided less than 48 hours in advance of the hearing.
2. A notice of hearing to the respondent shall be essentially in the form shown in Appendix I and signed by an attorney in the division.

RL 3.07 Service and filing of petition, notice of hearing and other papers.

1. The petition, notice of hearing, all orders and other papers required to be served on a respondent may be served by mailing a copy of the paper to the respondent at the last known address of the respondent or by any procedure described in s. 801.14 (2), Stats. Service by mail is complete upon mailing.
2. Any paper required to be filed with the department may be mailed to the administrative law judge designated to preside in the matter and shall be deemed filed on receipt by the administrative law judge. An answer under s. RL 3.08, and motions under s. RL 3.14 ma be filed and served by facsimile transmission. A document filed by facsimile transmission under this section shall also be mailed to the department. An answer or motion filed by facsimile transmission shall be deemed filed on the first business day after receipt by the department.

RL 3.08 Answer.

1. An answer to a petition shall state in short and plain terms the defenses to each allegation asserted and shall admit or deny the allegations upon which the division relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denial of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or to provide a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.
2. The respondent shall set forth affirmatively in the answer any matter consulting an affirmative defense.
3. Allegations in a petition are admitted when not denied in the answer.
4. An answer to a petition shall be filed within 20 days from the date of service of the petition.

RL 3.09 Administrative law judge.

1. DESIGNATION. Administrative injunction proceedings shall be presided over by an administrative law judge. 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 as a special project or limited term employee by the department. The administrative law judge may not be an employee in the division.
2. AUTHORITY. An administrative law judge designated under this section has the authority described in s. 227.46 (1), Stats. Unless otherwise directed under s. 227.46 (3), Stats., an administrative law judge shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the department as the final decision in the case.
3. SERVICE OF PROPSED DECISION. The proposed decision shall be served by the administrative law judge on all parties with a notice providing each party adversely affected by the proposed decision with an opportunity to file with the department objections and written argument with respect to the objections. A party adversely affected by a proposed decision shall have at least 10 days from the date of service of the proposed decision to file objections and argument.

RL 3.10 Prehearing conference.

In any matter pending before the department, the division and the respondent may be directed by the administrative law judge to appear at a conference or to participate in a telephone conference to consider the simplification of issues, the necessity or desirability of amendments to the pleading, the admission of facts or documents which will avoid unnecessary proof and such other matters as may aid in the disposition of the matter.

RL 3.11 Settlements.

No stipulation or settlement agreement disposing of a petition or informal petition shall be effective or binding in any respect until reduced to writing, signed by the respondent and approved by the department.

RL 3.12 Discovery.

The division and the respondent may, prior to the date set for hearing, obtain discovery by use of the methods described in ch. 804, Stats., for the purposes set forth therein. Protective orders, including orders to terminate or limit examinations, orders compelling discovery, sanctions provided in s. 804.12, Stats., or other remedies as are appropriate for failure to comply with such orders may be made by the administrative law judge.

RL 3.13 Default.

If the respondent fails to answer as required by s. RL 3.08 or fails to appear at the hearing at the time fixed therefor, the respondent is in default and the department may make findings and enter an order on the basis of the petition and other evidence. The department may, for good cause, relieve the respondent from the effect of the findings and permit the respondent to answer and defend at any time before the department enters an order or within a reasonable time thereafter.

RL 3.14 Conduct of hearing.

1. ADMINISTRATIVE LAW JUDGE. The hearing shall be presided over by an administrative law judge designated pursuant to s. RL 3.09.
2. RECORD. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence.
3. EVIDENCE. The division and the respondent shall have the right to appear in person or by counsel, to call, examine, and cross-examine witnesses and to introduce evidence into the record.
4. BRIEFS. The administrative law judge may require the filing of briefs.
5. MOTIONS. (a) How made. An application to the administrative law judge for an order shall be by motion which, unless made during a hearing or prehearing conference, shall be in writing, state with particularly the grounds for the order, and set forth the relief or order sought. (b) Filing. A motion shall be filed with the administrative law judge and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion. (c) Supporting papers. Any briefs or other papers in support of a motion, including affidavits and documentary evidence, shall be filed with the motion.
6. ADJOURNMENTS. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.
7. SUBPOENAS. (a) Subpoenas for the attendance of any witness at the hearing in the proceeding may be issued in accordance with s. 885.01, Stats. Service shall be made in the manner provided in s. 805.07 (5), Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. (b) An administrative law judge may issue protective orders according to the provisions of s. 805.07, Stats.
8. LOCATION OF HEARING. All hearings shall be held at the offices of the department in Madison unless the administrative law judge determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.

RL 3.15 Witness fees and costs.

Witnesses subpoenaed at the request of the division shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

RL 3.16 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:
1. If the transcript 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 which identifies the reporting service and its fees.
2. If a transcript is prepare by the department, the department shall charge a transcription fee of $1.75 per page and a copying charge of $.25 per page. If 2 or more persons request a transcript, the department shall charge each requester 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 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 an affidavit showing that the person is indigent according to the standards adopted in rules of the state public defender under ch. 977, Stats.