Standards for License Revocation
Wis. Admin Code PI 34.35 provides that the state superintendent:
- May revoke any license issued by the department due to incompetency or immoral conduct on the part of the licensee.
- Must revoke any license issued by the department if the licensee is liable for delinquent tax as certified by the department of revenue – Wis. Stat. 115.31 (6m).
- Must suspend any license issued by the department if the licensee is delinquent in making court-ordered payments of child/family support or failure to comply with a subpoena or warrant issued by the Department of Children and Families or a county child support agency – Wis. Stat. 115.315.
- Must revoke any license issued by the department if the licensee has been convicted of felonies described in Wis. Stat. 115.31 (2g) for a period of six years following the conviction.
- May revoke any license issued by the department based on revocation of an educator license in another state.
- For Driver Education license only – Wis. Admin Code PI 34.33 (5)(d):
- The licensee does not maintain an acceptable driving record.
- The licensee is convicted of operation of a motor vehicle while intoxicated under the laws of Wisconsin or under the equivalent authority from another state.
- The licensee has a driver’s license that has been suspended or revoked by the department of transportation or the equivalent agency in another state.
The decision to revoke must be based on a preponderance of factual evidence that the credential holder has engaged in conduct that meets the standards for license revocation. Not all bad behavior, even if it is criminal behavior, meets the statutory criteria for revocation.
The licensee who is subject to revocation shall be provided written notice of the charges and of an opportunity for defense. However, the following revocations will happen without a hearing:
- Conviction for certain felonies defined in Wis. Stat. 115.31 (2g).
- The licensee is liable for delinquent tax as certified by the department of revenue – Wis. Stat. 115.31 (6m).
Revocation Based on Certification of Tax Delinquency from Department of Revenue
When the Wisconsin Department of Revenue (DOR) notifies the DPI that a licensed Wisconsin educator has been certified delinquent for taxes, the DPI must revoke all license(s) held by the person. The DPI will immediately notify the licensee in writing of the revocation and the reason for it.
In order to have the license(s) reinstated, the person must contact the Wisconsin DOR directly to resolve the tax issues. If the issues are resolved, and the DOR notifies the DPI of the clearance for an occupational license, the DPI will reinstate the license(s).
If the license expires before the matter is resolved, the person must go through the license renewal application process once the DPI received clearance from the Wisconsin DOR.
Contact information at Wisconsin DOR:
Special Procedures Unit
Request and Hearing for Reinstatement
A person whose license has been revoked by the state superintendent due to immoral conduct or incompetence may request reinstatement of his/her credential. The person must submit a written request for reinstatement to the State Superintendent. If the request for reinstatement is denied, the person is entitled to an administrative hearing on the matter.
A license may be reinstated if the person whose license has been revoked establishes that:
- The cause of the revocation no longer exists based on preponderance of evidence
- The reinstatement of the license will not endanger the health, welfare, safety or education of pupils.
Note that if the license was revoked based on conviction of certain felonies as defined in Wis. Stat. 115.31 (2g), the license may only be reinstated if both of the following apply:
- Six years following the date of the conviction have elapsed.
- The licensee establishes by clear and convincing evidence that the cause of the revocation no longer exists and that reinstating the license will not endanger the health, welfare, safety or education of pupils.
The license may be reinstated prior to the six-year period if the state superintendent receives a certificate from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated.
- Standards and Procedures for Denial of License on the Background Check for Licensure web page.