What
the statutes mean
An individual does not have the right to
obtain a chiropractic license; it is a privilege bestowed by the state. Because
it is a privilege, the state has the right to impose obligations on those that
seek a license or want to renew a license. This rule defines the circumstances
under which the Department of Regulation and Licensing will refuse to renew a
license if the chiropractor is liable for delinquent taxes.
A chiropractor
is required to file an application for the renewal of his or her license. If the
application is returned by the state because of missing information, it will be
denied unless the chiropractor provides the missing information within 20 days
from the date the department received the application.
The Wisconsin
Department of Revenue has a list of everyone that owes taxes to the state. If
a chiropractor is on that list at the time he or she renews their license, they
will receive a notice from the Department of Revenue.
The notice
will state that the application for renewal submitted by the chiropractor will
be denied unless, within 10 days from the date of the mailing of the notice, the
Department of Regulation and Licensing receives a copy of a certificate of tax
clearance issued by the Wisconsin department of Revenue that shows that the chiropractor
is not liable for delinquent taxes.
Statute excerpts
RL 9.01 Authority
RL 9.02 Scope; nature of proceedings
RL 9.03 Definitions
RL
9.01 Authority.
The rule in ch. RL 9 are adopted are adopted under the authority
in s. 440.03, Stats.
RL 9.02 Scope; nature of proceedings.
The rules
in this chapter govern the procedures for requesting the Wisconsin department
of revenue to certify whether an applicant is liable for delinquent taxes owed
to this state under s. 440.08 (4) (b), Stats., as created by 1995 Wis. Act
RL 9.04 Procedures for requesting the department of revenue to certify whether
an applicant for renewal is liable for delinquent taxes
RL 9.05 Denial of
renewal
27 and amended by 1995 Wis. Act 233, to review denial of an
application for renewal because the applicant is liable for delinquent taxes.
RL
9.03 Definitions. In this chapter:
(1) Applicant means a person
who applies for renewal of a credential. Person in this subsection
includes a business entity.
(2) Credential has the meaning
in s. 440.01 (2) (a), Stats.
(3) Department means the department
of regulation and licensing.
(4) Liable for any delinquent taxes owed
to this state has the meaning set forth in s. 440.01 (2) (cm)m Stats., as
created by 1995 Wis. Act 233.
RL 9.04 Procedures for requesting the department
of revenue to certify whether an applicant for renewal is liable for delinquent
taxes.
(1) RENEWAL APPLICATION FORM. If the department receives a renewal
application that does no include the information required by s. 440.08 (2g) (b)m
Stats., the application shall be denied unless the applicant provides the missing
information within 20 days after the department first receives the application.
(2)
SCREENING FOR LIABILITY FOR DELINQUENT TAXES. The name and social security number
or federal employer identification number of an applicant shall be compared with
information at the Wisconsin department of revenue that identifies individuals
and organizations who are liable for delinquent taxes owed to this state.
(3)
NOTICE OF INTENT TO DENY BECAUSE OF TAX DELINQUENCY. If an applicant is identified
as being liable for any delinquent taxes owed to this state in the screening process
under sub. (2), the Wisconsin department of revenue shall mail a notice to the
applicant at the last known address of the applicant according to z. 440.11, Stats.,
or to the address identified in the applicants renewal application, if different
from the address on file in the department. The notice shall state that the application
for renewal submitted by the applicant shall be denied
unless, within 10 days
from the date of the mailing of the notice, the department of regulation and licensing
receives a copy of a certificate of tax clearance issued by the Wisconsin department
of revenue which shows that the applicant is not liable for delinquent taxes or
unless the Wisconsin department of revenue provides documentation to the department
showing that the applicant is not liable for delinquent state taxes.(4) OTHER
REASONS FOR DENIAL: If the department determines that grounds for denial of an
application for renewal may exist other than the fact that the applicant is liable
for any delinquent taxes owed to this state, the department shall make a determination
on the issue of tax delinquency before investigating other issues of renewal eligibility.
RL
9.05 Denial of renewal.
The department shall deny an application for credential
renewal if the applicant fails to complete the information on the application
from under s. RL 9.04 or if the Wisconsin department of revenue certifies or affirms
its certification under s. 440.08 (4) (b) 3., Stats., that the applicant is liable
for delinquent taxes and the department does not receive a current certificate
of tax clearance or the Wisconsin department of revenue does not provide documentation
showing that the applicant is no liable for delinquent taxes within the time required
under s. RL 9.04 (2) and (3). The department shall mail a notice of denial to
the applicant that includes a statement of the facts that warrant the denial under
s. 440.08 (4) (b), Stats., and a notice that the applicant may file a written
request with the department to have the denial reviewed at a hearing before the
Wisconsin department of revenue.