What the statutes mean

In circumstances where the public health, safety or welfare requires emergency action, the Department of Regulation and Licensing can take emergency action to suspend an individual's chiropractic license. These rules define the procedures the department uses when it takes this emergency action.

Frequently asked questions

What information must be given to the Department of Regulation and Licensing before it will consider the summary suspension of an individual chiropractic license?

If a person believes that a chiropractor has engaged in or is likely to engage in conduct that endangers the public health, safety, or welfare to the extent that emergency action is necessary, they file a petition with the Department of Regulation and Licensing. The petition must contain all of the following:

• The name of the person filing the petition or the name of the attorney representing the individual

• The address of the individual filing the petition

• The name of the chiropractor

• The facts that establish that the chiropractor has engaged in or is likely to engage in conduct that endangers the public health, safety, or welfare to the extent that emergency action is necessary.

The petition must be signed under oath stating that the person believes all of the information in the petition is true. The petition is given to the Department of Regulation and Licensing or the Chiropractic Examining Board.

Must the chiropractor against whom the petition is directed be given notice?

Yes. Prior to presenting the petition to the department or the chiropractic examining board, the individual filing the petition must give notice to the chiropractor or the chiropractor's attorney of the time and place when the petition will be presented to the department or the chiropractic examining board. Notice may be given by mailing the notice and a copy of the petition to the last known address of the chiropractor.

What happens after proper notice is given?

If the department or the chiropractic examining board finds that:

• proper notice has been given

• probable cause exists to believe that the chiropractor has engaged in or is likely to engage in conduct that endangers the public health, safely or welfare

• the conduct requires the emergency suspension of the chiropractor license

the department or chiropractic examining board may issue an order for summary suspension. The order may be issued at any time before or after the beginning of a disciplinary proceeding.

What is contained in the summary suspension order?

The summary suspension order must include the following:

• A statement that the suspension order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the chiropractor. Notification of the chiropractor's right to request a hearing to show cause why the summary suspension should not be continued.

• The name and address of the department or chiropractic examining board with whom a request for hearing should be filed.

• Notification that the hearing must be scheduled within 20 days of receipt by the department or chiropractic examining board of the chiropractor’s request for a hearing, unless a later time is requested by or agreed to by the chiropractor.

• The identification of all witnesses providing evidence at the time of the petition for summary suspension was presented and identification of the evidence used as a basis for the decision to issue the summary suspension order.

• The manner in which the chiropractor or the chiropractor's attorney was notified of the petition for summary suspension.

• A finding that the public health, safety or welfare requires emergency suspension of the chiropractor's license.

What are the procedures if the chiropractor requests a "show cause" hearing to determine if the suspension should be continued?

The request for a hearing to show cause must be filed with the department or the chiropractic examining board that issued the summary suspension order. The hearing must be scheduled and heard promptly by the department or chiropractic examining board no later than 20 days after the filing of the request for the hearing unless a later time is requested by or agreed to by the chiropractor.

At the hearing the individual filing the petition, the chiropractor may testify or call witnesses and offer other evidence. The petitioner has the burden to show by a preponderance of the evidence why the summary suspension should be continued.

At the conclusion of the hearing the department of the chiropractic examining board must make findings and issue an order. If it is determined that the summary suspension order should not be continued, the chiropractor’s license must be immediately restored.

If a chiropractor does not request a "show causes" hearing, must the department or chiropractic examining board do anything other than issue the summary suspension?

Yes. The department or chiropractic examining board must schedule a disciplinary hearing to determine if the license will be suspended permanently, suspended temporarily, or restored. They must issue a notice for the disciplinary hearing no later than 10 days following the issuance of the summary suspension order or the suspension automatically lapses on the tenth day following issuance of the summary suspension.

They are required to hold the disciplinary hearing promptly after giving notice. If at any time the chiropractor does not believe the department or board is acting promptly, the chiropractor may ask the hearing officer, the board, or the department for an order to require them to act promptly.

If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of the chiropractor or the chiropractor’s attorney, a remedy must be granted. This could include an order immediately terminating the summary suspension or an order compelling that the disciplinary proceeding be held by a specific date.

Statute Excerpts

RL 6.01 Authority and intent.

(1) This chapter is adopted pursuant to authority in ss. 227.11 (2) (a) and 440.03 (1), Stats., and interprets s. 227.51 (3), Stats.

(2) The intent of the department in creating this chapter is to specify uniform procedures for summary suspension of licenses, permits, certificates or registrations issued by the department or any board attached to the department in circumstances where the public health, safety or welfare imperatively requires emergency action.

RL 6.02 Scope.

This chapter governs procedures in all summary suspension proceedings against licensees before the department or any board attached to the department. To the extent that this chapter is not in conflict with s. 448.02 (4), Stats., the chapter shall also apply in proceedings brought under that section.

RL 6.03 Definitions. In this chapter:

(1) "Board" means the bingo control board, real estate board or any examining board attached to the department.

(2) "Department" means the department of regulation and licensing.

(3) "Disciplinary proceeding" means a proceeding against one or more licensees in which a licensing authority may determine to revoke or suspend a license, to reprimand a licensee, or to limit a licensee.

(4) "License" means any license, permit, certificate, or registration granted by a board or the department or a right to renew a license, permit, certificate or registration granted by a board or the department.

(5) "Licensee" means a person, partnership, corporation or association holding any license.

(6) "Licensing authority" means the bingo control board real estate board or any examining board attached to the department, the department for licenses granted by the department, or one acting under a board’s or the department’s delegation under s. RL 6.11.

(7) "Petitioner" means the division of enforcement in the department.

(8) "Respondent" means a licensee who is named as respondent in a petition for summary suspension.

RL 6.04 Petition for summary suspension.

(1) A petition for a summary suspension shall state the name and position of the person representing the petitioner, the address of the petitioner, the name and licensure status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension of the respondent’s license.

(2) A petition for a summary suspension order shall be signed upon oath by the person representing the petitioner and may be made on information and belief.

(3) The petition shall be presented to the appropriate licensing authority.

RL 6.05 Notice of petition to respondent.

Prior to the presenting of the petition, the petitioner shall give notice to the respondent or respondent’s attorney of the time and place when the petition will be presented to the licensing authority. Notice may be given by mailing a copy of the petition and notice to the last known address of the respondent as indicated in the records of the licensing authority as provided in s. 440.11 (2), Stats., as created by 1987 Wis. Act 27. Notice shall be given by any procedure described in s. 801.11, Stats.

RL 6.06 Issuance of summary suspension order.

(1) If the licensing authority finds that notice has been given under s. RL 6.05 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safely or welfare imperatively requires emergency suspension of the respondent’s license, the licensing authority may issue an order for summary suspension. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. RL 2.04.

(2) The petitioner may establish probable cause under sub. (1) by affidavit or other evidence.

(3) The summary suspension order shall be effective upon service under s. RL 6.08, or upon actual notice of the summary suspension order to the respondent or respondent’s attorney, whichever is sooner, and continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the license is restored under s. RL 6.09 prior to a formal disciplinary hearing.

RL 6.07 Contents of summary suspension order.

The summary suspension order shall include the following:

(1) A statement that the suspension order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the licensing authority;

(2) Notification of the respondent's right to request a hearing to show cause why the summary suspension should not be continued;

(3) The name and address of the licensing authority with whom a request for hearing should be filed;

(4) Notification that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the licensing authority of the respondent's request for hearing, unless a later time is requested by or agreed to by the respondent.

(5) The identification of all witnesses providing evidence at the time of the petition for summary suspension was presented and identification of the evidence used as a basis for the decision to issue the summary suspension order;

(6) The manner in which the respondent or the respondent's attorney was notified of the petition for summary suspension; and

(7) A finding that the public health, safety or welfare imperatively requires emergency suspension of the respondent's license.

RL 6.08 Service of summary suspension order.

An order of summary suspension shall be served upon the respondent in the manner provided in s. 801.11, Stats., for service of summons.

RL 6.09 Hearing to show cause.

(1) The respondent shall have the right to request a hearing to show cause why the summary suspension order should not be continued until the effective date of the final decision and order in the disciplinary action against the respondent.

(2) The request for hearing to show cause shall be filed with the licensing authority which issued the summary suspension order. The hearing shall be scheduled and heard promptly by the licensing authority but no later than 20 days after the filing of the request for hearing with the licensing authority, unless a later time is requested by or agreed to by the license.

(3) At the hearing to show cause the petitioner and the respondent may testify, call, examine and cross-examine witnesses, and offer other evidence.

(4) At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension should be continued.

(5) At the conclusion of the hearing to show cause the licensing authority shall make findings and an order. If it is determined that the summary suspension order should not be continued, the suspended license shall be immediately restored.

RL 6.10 Commencement of disciplinary proceeding.

(1) A notice of hearing commencing a disciplinary proceeding under s. RL 2.06 against the respondent shall be issued no later than 10 days following the issuance of the summary suspension order or the suspension shall lapse on the tenth day following issuance of the summary suspension order. The formal disciplinary proceeding shall be determined promptly.

(2) If at any time the disciplinary proceeding is not advancing with reasonable promptness, the respondent may make a motion to the hearing officer or may directly petition the appropriate board, or the department, for an order granting relief.

(3) If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent’s counsel, a remedy, as would be just, shall be granted including:

(a) An order immediately terminating the summary suspension; or (b) An order compelling that the disciplinary proceeding be held and determined by a specific date.

RL 6.11 Delegation.

(1) A board may by a two-thirds vote:

(a) Designate under s. 227.46 (1), Stats., a member of the board or an employee of the department to rule on a petition for summary suspension, to issue a summary suspension order, and to preside over and rule in a hearing provided for in s. RL 6.09; or

(b) Appoint a panel of no less than two-thirds of the membership of the board to rule on a petition for summary suspension, to issue a summary suspension order, and to preside over and rule in a hearing provided for in s. RL 6.09.

(2) In matters in which the department is the licensing authority, the department secretary or the secretary’s designee shall rule on a petition for summary suspension issue a summary suspension order, and preside over and rule in a hearing provided for in s. RL 6.09.

(3) Except as provided in s. 227.46 (3), Stats., a delegation of authority under subs. (1) and (2) may be continuing.