License Revocation
Criteria and Types of Revocation

Criteria for Revocation

The standards for pursuing license revocation are statutorily defined in Wis Admin Code §PI 34.35. The decision for revocation must be based on a preponderance of factual evidence that the credential holder has engaged in behavior that meets the standards for license revocation. Not all bad behavior, even if it is criminal behavior, meets the statutory criteria for revocation. The statutory criteria for revocation of a license is defined below:

• Immoral Conduct: Conduct or behavior which is contrary to commonly accepted moral or ethical standards and endangers the health, welfare, safety or education of any pupil. (Wis Admin Code §PI 34.35)(1)(c))
• Incompetency: A pattern of inadequate performance of duties or lack of ability, legal qualifications or fitness to discharge required duties, and which endangers the health, welfare, safety or education of any pupil. ((Wis Admin Code §PI 34.35)(1)(d))

Generally, if a credential holder wants his or her revoked credential(s) reinstated he/she may apply to the state superintendent. A hearing may be conducted at which time the licensee must establish through clear and convincing evidence that the cause for revocation no longer exists and that reinstating the license will not endanger the health, welfare, safety or education of pupils.

Revocation Types

The most common type of revocation takes place when a license holder engages in "immoral conduct." The revocation of a license may also take place because of "incompetency". Other types of license revocation are included below:

• Department of Revenue Revocation: In this case a license is revoked because of delinquent taxes. When the Wisconsin Department of Revenue (DOR) notifies the DPI that a licensed Wisconsin educator is delinquent in paying taxes, the DPI is required by state statute to revoke their credentials. (Wis State Statute 115.31(6m)) The DPI immediately notifies the license holder in writing that his/her educator license(s) has been revoked due to delinquent tax issues. Additionally, the DPI notifies the employing school district in writing that the revocation has taken place.
  
  In order to resolve the underlying tax issue and have the license reinstated, the educator must contact the DOR directly. The DOR will notify the DPI when the tax delinquency has been resolved and the DPI will reinstate the educator's license(s). If the license has expired, the individual must apply for renewal of his or her credential.
• Driver Education License Revocation: A Driver Education license may be revoked for the following reasons as specified in Wis Admin Code §PI 34.33(5)(d).
  1. The license holder does not maintain an acceptable driving record which includes having more than 6 demerit points or a major violation charged by the Wisconsin Department of Transportation or an equivalent authority in another state in one 12 month period.
  2. The license holder is convicted of operating a motor vehicle while intoxicated under the laws of the state or under equivalent authority from another state.
  3. The license holder has a driver's license that has been suspended or revoked by the department of transportation or equivalent agency in another state.
  This type of revocation does not apply to any other Wisconsin educator license(s) held by the person.

For questions about this information, contact Courtney B. Spitz (608) 264-9339

Last updated on 7/8/2008 1:25:19 PM