Wis. Admin. Code Department of Safety and Professional Services SPS 31.04

Current through October 28, 2024

Section SPS 31.04 - Examination for private detective licensure

(1) ADMINISTRATION. At least once every month the department shall administer or cause to be administered an examination for the licensure of private detectives.

(3) SUBJECTS TESTED. The examination shall test the applicant's knowledge or competence in those areas which the department, after consultation with subject matter experts, determines are appropriate for testing the applicant's knowledge for protection of public health and safety.

(4) DISHONEST ACT. An applicant may not engage in dishonest acts relating to the examination. The actions taken by the department when dishonest acts occur shall be related to the seriousness of the offense. These actions may include withholding the applicant's score, entering a failing grade for the applicant, and suspending the ability of the applicant to sit for an examination for a specific period of time after the examination in which the dishonest acts occurred.

(5) PASSING SCORE. The score required to pass the examination shall be based on the department's determination of the level of examination performance required for minimum acceptable competence in the profession. The department shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession.

(6) EXAMINATION REVIEW.

(a) An applicant who fails the examination may request a review of that examination by filing a written request with the department within 30 days after the date on which examination results were mailed to the applicant.

(b) An examination review shall be conducted under the following conditions:

1. The time for review shall be limited to one hour.

2. The examination shall be reviewed only by the applicant and in the presence of a proctor.

3. The proctor may not respond to inquiries by the applicant regarding allegations of examination error.

4. Any comments or claims of error regarding specific questions or procedures in the examination may be placed in writing on the form provided for this purpose. The department shall review the comments or claims in consultation with a subject matter expert. The department shall notify the applicant in writing of the department's decision. If the decision does not result in a passing grade, the applicant may retake the examination or file a claim of examination error pursuant to sub. (7).

5. An applicant shall be permitted only one review of the failed examination each time it is taken and failed.

(7) CLAIM OF EXAMINATION ERROR.

(a) An applicant wishing to claim examination error must file a written request for department review in the department office within 30 days of the date the examination was reviewed. The request shall include:

1. The applicant's name and address;

2. The type of license applied for;

3. A description of the perceived error; including specific questions or procedures claimed to be in error; and

4. The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant's claim.

(b) The department shall review the request in consultation with a subject matter expert. The applicant shall be notified in writing of the department's decision.

(c) If the decision does not result in a passing grade, the applicant may retake the examination or request a hearing under s. SPS 1.05.

(8) EXAMINATION RETAKES.

(a) There is no limit to the number of times an applicant may take the examination.

(b) An applicant who reviews the examination pursuant to sub. (6) may not retake the examination within 30 days after the date on which the examination was reviewed.

(c) An applicant who passes the examination and remains unlicensed for one year or more after the date of the examination shall again take and pass the examination before being licensed.

Wis. Admin. Code Department of Safety and Professional Services SPS 31.04

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. (3) (a) to (b), am. (5), Register, December, 1994, No. 468, eff. 1-1-95; r. (2), r. and recr. (3), (4), (6), (7) (b) and (c) and am. (8), Register, November, 1997, No. 503, eff. 12-1-97; correction in (7) (c) made under s. 13.92(4) (b) 7, Stats., Register November 2011 No. 671.