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An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 6
By Attorney Arthur Thexton, Of Counsel
Part 6: Can the Department of Safety and Professional Services Impose Costs of Investigation, and, How Can We Talk Directly to the Case Advisor?
In my last blog, we examined what happens when a formal complaint is filed by the Wisconsin Department of Safety and Professional Services. Today we are going to discuss the cost of the investigation and how to have direct connect with the Case Advisor.
All boards and the Department have authority to impose the full costs of the investigation, prosecution, and hearing upon the respondent Wis. Stat § 440.22. These are not the usual costs taxable in a circuit court proceeding, but the actual time of the investigators, expert witnesses, prosecuting attorneys, and administrative law judge, plus actual expenses such as court reporters. This time is figured by the Division of Legal Services and Compliance on a standard basis of $27 per hour for investigators, $22 per hour for paralegals, and $54 per hour for prosecuting attorneys (adjusted periodically), and the actual cost of expert witnesses, depositions, and transcribing the hearing. It does not include a factor for overhead, clerical or other support, etc. However, in a contested medical board case it is not uncommon for the costs to run tens of thousands of dollars. The awarding of costs is discretionary, but if they are not paid by the respondent then they are borne by the other licensees within the profession, as the Department is funded entirely by user fees. Forfeitures are paid to the state school fund, pursuant to Art. X Sec. 2, Wisconsin Constitution. Costs are retained by the Department and used to pay its expert witnesses, court reporters, and other expenses. A license may not be renewed when unpaid costs are outstanding, but neither the costs nor the forfeiture is docketable directly with a clerk of court. Enforcement of such orders is by threat of additional discipline including revocation, for violating the board's order to pay; also, no other license may be issued or renewed by the department or attached board, and the department of justice may sue to collect, Wis. Stat. § 440.20. The policy of the Division is to seek full costs in every case; reductions in costs are judged by a written policy and must be approved by supervisory staff.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 7
By Attorney Arthur Thexton, Of Counsel
Part 7: What Happens During the Administrative Litigation Process with the Wisconsin Department of Safety and Professional Services?
Last time, I talked about how cases are handled once the investigation is complete. This blog will talk about the administrative litigation process.
If there is no agreement (or if none is to be offered), the prosecuting attorney hires whatever experts are needed. The Department’s current policy is to pay no more than $125/hr for experts, including physicians; rates which are more token than substantive. Experts serve because they accept the proposition that part of being a professional is participating in policing the profession. Occasionally an out-of-state or nationally known expert is retained at a higher fee. After their opinions are received a complaint is prepared or (if the opinion is unfavorable) the case is closed or (in rare cases) another expert is consulted. If a complaint is to be issued, the Division's prosecuting attorneys simply issue the complaint by signing it, as an assistant district attorney would do in a criminal case. In cases involving the Medical Examining Board and Podiatry Examining Board only, the complaint is prepared, and then voted on at the next board meeting, under Wis. Stat. § 448.02(3)(b) or 448.675(1)(b), before it is issued.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 8
By Attorney Arthur Thexton, Of Counsel
Part 8: How Does the Hearing With the Wisconsin Department of Safety and Professional Services Actually Proceed?
Last time, I talked about formal prosecution and the pre-hearing process; now I will talk about the actual formal hearing, in front of the administrative law judge, and the post-hearing process.
Hearing and Review 
When a case is not settled, it is heard on its merits (what most lawyers would call "tried") in a hearing room in the Department's building in Madison. The Department has made a policy decision not to hold hearings outside of its Madison office except in the most exceptional cases (such as physical inability of a witness to travel, see Wis. Adm. Code § SPS 2.15(8)). Hearings are generally reported by a court reporter. Transcripts are prepared in all contested cases, and typically the ALJ will require briefs after the filing of the transcript. The burden of proof is the ordinary civil standard, Wis. Stat. § 440.20(3). The ALJ makes a written proposal of findings of fact, conclusions of law, and disciplinary order, together with a narrative opinion. This may be as much as several months after the hearing, depending on the complexity of the case and the workload of the ALJ. The proposed decision will be served, together with an order setting time limits for "objecting" to the proposed decision.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 9
By Attorney Arthur Thexton, Of Counsel
Part 9: Final Thoughts on The Disciplinary Process
Last time, I talked about what goes on during and after a hearing; here are some final thoughts about resources, or the lack thereof.
The Department does not maintain any kind of digest or other research aid for practitioners. Once or twice a year some boards issue an electronic newsletter (the “Regulatory Digest”) which contains information about the profession, licensing changes, fee updates, and (in most cases) a short summary of disciplinary actions taken since the last newsletter; these are posted on the Department’s website. The Division of Legal Services and Compliance maintains paper files of all disciplinary decisions made by each board and by the Secretary. These files are public records. Any person may come read, for example, all the Chiropractic Examining Board decisions for the past 1 or 5 or 10 years. Cases since 1970 are also posted on the Department’s website, dsps.wi.gov, and they can be searched using Google.
Wisconsin Judge Strikes Down Campaign Finance Law
The law of campaign finance has been in a state of flux over the past few years. The U.S. Supreme Court issued landmark rulings in cases like Citizens United v. FEC and McCutcheon v. FEC. Wisconsin in particular has seen a variety of campaign finance-related rulings stemming from a probe into Governor Walker's recall election. Now another case may have important implications for political action committees and other organizations who fall under the regulations of campaign finance law. The decision in Wisconsin Right to Life v. Barland removes numerous restrictions on campaign spending and other procedural requirements for certain corporations.
The Law in Question
The suit in question was brought by a pair of related organizations, Wisconsin Right to Life Inc (The Corporation), and The Wisconsin Right to Life PAC (The PAC). The lawsuit challenged a plethora of different campaign finance restrictions in Wisconsin as unconstitutional. Three of the most important rules that were challenged were:
Changes to Federal Trucking Regulations May Endanger Other Drivers
Large trucks pose a unique danger to other drivers on the road. Their massive size makes it harder for their operators to see what is around them, harder for their operators to turn, and harder for their operators to bring them to a stop. Additionally, their extra mass means that large truck accidents can be especially serious. National Highway Transportation Safety Administration data reveals that trucks are responsible for eight percent of all fatal accidents, despite constituting only four percent of all cars on the road.
Because of these unique dangers, the law imposes certain restrictions on truck drivers. They must get a certain amount of rest over certain periods, and there are limits to the amount of time they can drive consecutively and per week. However, Congress relaxed these federal trucking regulations as part of the recent spending compromise, meaning that other drivers on the road may now be less safe.
Wisconsin Felony Murder Law
Homicide laws are almost all focused on the intent of the person committing the crime. An intentional killing is treated as more serious than a killing that was merely done recklessly. Yet, there is one area of homicide law where intent is almost totally irrelevant: felony murder. Felony murder is a special type of homicide under Wisconsin law that people may be charged with if they cause someone's death during the commission of a felony, regardless of intent. Defendants convicted of felony murder in Wisconsin can face an extra 15 years in prison on top of their sentence for the original crime.
What Felony Murder Is
Felony murder is an extra crime that exists in order to add severity to instances where a defendant's crime caused the death of another person. However, not all crimes will trigger the felony murder rule. Instead, it must be one of the crimes listed in the Wisconsin felony murder statute. These felonies are:
Choosing a Car Accident Attorney
Car accidents can be confusing events, and people are often unsure of what to do afterward. One of the most challenging parts is selecting the right attorney to handle your car accident case. Yet, insurance industry statistics suggest that people will be involved in between three and four car accidents in the course of their lives. This means that it is important for people to understand how to choose the right car accident attorney for them since a good attorney can make all the difference. The two steps to selecting an attorney are to do research on attorneys beforehand, and to ask questions during the initial consultation before committing to anything.
Things to Research
The first step in finding a good attorney to handle a car accident claim is doing research beforehand. One of the best ways to do research is by talking to friends who have had to go through car accident claims and seeing if they had good experiences with any of their attorneys. Absent that, the internet is a powerful tool for finding out more about attorneys as potential representatives.
Understanding What to Do When Federal Investigators Knock
One of the most stressful things that can happen to any business owner is to have a set of federal investigators knock on the door to conduct an investigation into the company. This can come in a couple of forms. Sometimes, it will be a literal knock, investigators showing up without warning to conduct an interview. Other times, the notice of an investigation will come in the form of a subpoena asking for documents from the company, or even just a letter informing the business owner that they or their company is being targeted by investigators.
First Steps
As the owner of the company being targeted by federal investigators, the most important thing to do is to stay calm and stay polite. Panic will not help the situation, and investigators may even take nerves as a sign that they are on the right track. Rudeness can also be problematic since that makes it more difficult to work with the investigation going forward if that turns out to be the best strategy.
Taxi Cab Accidents in Wisconsin
The law surrounding any car accident can be complex, but taxi cab accidents can have their own unique legal issues. As a passenger, there are special rules related to the fact that taxi cabs are “common carriers,” which means that they have a higher obligation to keep their passengers safe than ordinary drivers do. As a bystander, such as a driver in another car, there are also unique rules pertaining to cabs because they are commercial, regulated vehicles, rather than just normal cars being driven by private people.
As a Passenger
Taxi cabs owe their passengers special duties because of their common carrier status. The leading legal dictionary defines common carriers as “a commercial enterprise that holds itself out to the public as offering to transport freight or passengers for a fee.” These sorts of enterprises typically include taxi cabs, buses, and railroads among others. Taxi cabs' common carrier status is important because it means that they have an increased duty to protect their passengers from harm.
