Section 8.02. Definitions.

  As used in s. 440.205 , Stats., and in this chapter:

(1)  "Credential" means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480 , Stats.

(2)  "Department" means the department of safety and professional services.

(3)  "Disciplinary authority" means the department or an attached examining board, affiliated credentialing board or board having authority to reprimand a credential holder.

(4)  "Division" means the division of legal services and compliance in the department.

(5)  "First occurrence" means no informal complaint alleging the same or similar misconduct has been filed with the department against the credential holder, other than the matter pending before the disciplinary authority.

(6)  "Minor violation" means all of the following:

(a) No significant harm was caused by misconduct of the credential holder.

(b) Continued practice by the credential holder presents no immediate danger to the public.

(c) If prosecuted, the likely result of prosecution would be a reprimand or a limitation requiring the credential holder to obtain additional education.

(d) The complaint does not warrant use of prosecutorial resources.

(e) The credential holder has not previously received an administrative warning.

(7)  "Misconduct" means a violation of a statute or rule related to the profession or other conduct for which discipline may be imposed under chs. 440 to 480 , Stats.

Cr. Register, January, 1999, No. 517 , eff. 2-1-99; correction in (2), (5) (a) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register November 2011 No. 671 ; CR 14-019 : am. (4), renum. (5) (intro.) to (5) and am., r. (5) (a) to (c) Register August 2014 No. 704 , eff. 9-1-14.