PUBLIC NOTICE: ACCESS TO RECORDS
This Notice is provided pursuant to Wis. Stat. § 19.34.
You have a right to inspect and copy certain records under Wisconsin’s Public Records Law. See Wis. Stat. §§ 19.31-19.39.
The Department of Safety and Professional Services (DSPS) is responsible for ensuring the safe and competent practice of licensed professionals in Wisconsin. The department also administers and enforces laws to assure safe and sanitary conditions in public and private buildings. It provides administrative services to the state occupational regulatory authorities responsible for regulation of occupations and offers policy assistance in such areas as evaluating and establishing new professional licensing programs, creating routine procedures for legal proceedings, and adjusting policies in response to public needs.
PROCEDURE FOR MAKING REQUESTS
Pursuant to Wis. Stat. ch. 19, the Secretary of DSPS is the legal custodian of the department’s records. However, to facilitate public access to the records, this authority has been delegated to Michael Berndt, Chief Legal Counsel.
Questions concerning application or interpretation of the open records law or requests for access to records of DSPS should be directed to:
Michael Berndt, Chief Legal Counsel and Records Custodian
1400 E. Washington Ave.
P.O. Box 8368
Madison, WI 53703-8368
The DSPS is located at 1400 E. Washington Ave., Madison, Wisconsin, 53703, and is open Monday through Friday from 7:45 a.m. to 4:30 p.m., not including official state holidays.
The DSPS may charge the actual, necessary, and direct cost of producing a record. Wis.Stat. § 19.35(3)(a). When the request calls for a copy of the record, and the record can be photocopied, a standard fee of $0.15 per printed page will be assessed. Likewise, the standard fee for a burned compact disc (CD) is $1.00 per disc. See Wis. Stat. § 19.35(3)(b). If the requested records already exist in an electronic format and electronic copies are provided, costs will not be charged on a per-page basis, but if the record is not in readily comprehensible form, the DSPS may charge the actual cost of creating a readily comprehensible copy. WIREdata, Inc. v. Village of Sussex, 2008 WI 69, 310 Wis. 2d 397, 751 N.W.2d 736. The DSPS may charge the actual, necessary, and direct transcription costs. Wis. Stat. § 19.35(3)(a). The DSPS will not charge for the cost of reviewing records for possible redaction or removal of confidential information.
The DSPS may charge the actual, necessary, and direct cost of locating the records if it exceeds $50.00. Wis. Stat. § 19.35(3)(c). Any staff time necessary for locating records will be billed at the hourly rate of salary and benefits for the lowest-paid employee capable of performing the task. If the records are mailed to the requester, the DSPS may charge the actual, necessary, and direct shipping costs. Wis. Stat. § 19.35(3)(d).
The above fees apply except where a different fee is authorized by law. Pre-payment of fees will be required if the total costs are greater than $5.00. Wis. Stat. § 19.35(3)(f). Fees totaling less than $5.00 may be waived at the discretion of the DSPS.