Section 89.071. Administrative warnings.

 

(1)  If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06 , 89.072 , or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

(2)  A credential holder may obtain review of an administrative warning through a personal appearance before the examining board.

(3)  

(a) An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b) , may not be used as evidence that the credential holder is guilty of the alleged misconduct.

(b) If the examining board receives a subsequent complaint of misconduct by a credential holder against whom the examining board issued an administrative warning, the examining board may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the credential holder, and the administrative warning may be used as evidence in a subsequent disciplinary proceeding that the credential holder had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.

(4)  The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential.

2015 a. 179 .