What the statutes mean

Under Wisconsin law, any individual has the right to inspect the records of the Department of Regulation & Licensing except those that need to be kept confidential for a valid reason. The state gives fairly broad authority to the records custodian to determine what should, or should not, be kept confidential. As a matter of practice, if the records are controversial for any reason, the state is likely to object to their release.

The Department of Regulation & Licensing must prominently display a notice containing a description of its organization and the established times and places at which the public may obtain information and access to records in its custody. They must post information on the proper method to request a record, obtain copies of records, and the costs for the requested records. Since Regulation & Licensing keeps regular office hours, they must permit access to their records during those office hours unless there is a law exempting them from providing the records.

Practical advice

If you are interested in a particular record, you should call the examining board’s legal counsel to determine if it will be made readily available to you; or, if the legal counsel will object to its release. Generally speaking, records concerning rules, legislation, and your personal records are generally available with the only delay being the time necessary for copying the records.

If your request deals with test scores, discipline, or treatment programs, the legal counsel will generally want to take some time to consider how your request relates to the confidentiality rules the department must follow. Calling in advance will save you the time of the trip if the records are not readily available.

Statute excerpts

Procedural information.

19.34(1) Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. This subsection does not apply to members of the legislature or to members of any local governmental body.

19.34(2) (2)(a) Each authority which maintains regular office hours at the location where records in the custody of the authority are kept shall permit access to the records of the authority at all times during those office hours, unless otherwise specifically authorized by law.

19.34(2)(b) Each authority which does not maintain regular office hours at the location where records in the custody of the authority are kept shall:

19.34(2)(b)1. Permit access to its records upon at least 48 hours’ written or oral notice of intent to inspect or copy a record; or

19.34(2)(b)2. Establish a period of at least 2 consecutive hours per week during which access to the records of the authority is permitted. In such case, the authority may require 24 hours’ advance written or oral notice of intent to inspect or copy a record.

19.34(2)(c) An authority imposing a notice requirement under par. (b) shall include a statement of the requirement in its notice under sub. (1), if the authority is required to adopt a notice under that subsection.

19.34(2)(d) If a record of an authority is occasionally taken to a location other than the location where records of the authority are regularly kept, and the record may be inspected at the place at which records of the authority are regularly kept upon one business day’s notice, the authority or legal custodian of the record need not provide access to the record at the occasional location.