45.54(7)(c)
(c) Establish rules, standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
45.54(7)(d)
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
45.54(7)(e)
(e) Establish minimum standards for refund of the unused portion of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued therefrom.
45.54(7)(f)
(f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.
45.54(7)(g)
(g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the board and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.
45.54(7)(h)
(h) Issue permits to solicitors when all board requirements have been met.
45.54(7)(i)
(i) Require schools to furnish a surety bond in an amount as provided by rule of the board.
45.54(8)(a)(a)
In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students therefor in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.
45.54(8)(b)
(b)
Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to faithfully perform the agreement made with the student by the solicitor, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under
sub. (7) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered thereby shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the same upon giving 30 days' notice in writing to the board and thereafter shall be relieved of liability under this paragraph for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.
45.54(8)(c)
(c)
Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
45.54(8)(c)1.
1. Willful violation of this subsection or any rule promulgated by the board under this section;
45.54(8)(c)2.
2. Furnishing false, misleading or incomplete information to the board;
45.54(8)(c)3.
3. Presenting information to prospective students relating to the school, a course or course of instruction which is false, fraudulent or misleading;
45.54(8)(c)4.
4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board;
45.54(8)(c)5.
5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board pursuant to
sub. (7);
45.54(8)(d)
(d)
Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
45.54(8)(e)
(e)
Request for appearance. Within 20 days of the receipt of notice of the board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time and place.
45.54(8)(f)
(f)
Recovery by students. The bond in force under
par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.
45.54(8)(g)
(g)
Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.
45.54(8)(h)
(h)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection.
45.54(8)(i)
(i)
Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.
45.54(10)(a)(a)
Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board deems necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under
s. 20.485 (5) (gm).
45.54(10)(b)
(b)
Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction which has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under
par. (c), and such other information as the board deems necessary to evaluate the school in carrying out the purpose of this section.
45.54(10)(c)
(c)
Fees; rule making. The board shall promulgate rules to establish fees. In promulgating rules to establish fees, the board shall:
45.54(10)(c)1.
1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection.
45.54(10)(c)2.
2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.
45.54(10)(cm)
(cm)
Limit on student protection fee. The board shall discontinue collecting annual student protection fees under
par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.
45.54(10)(d)
(d)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection, including but not limited to bringing an action to restrain by temporary or permanent injunction any violation of
par. (a).
45.54(10)(e)
(e)
Penalties. Any person who violates
par. (a) may be required to forfeit not more than $500. Each day of operation in violation of
par. (a) constitutes a separate offense.
45.54(10)(f)
(f)
Other remedies. In addition to any other remedies provided by law, a student who attends a school which is in violation of
par. (a) may bring a civil action to recover fees paid to the school in violation of
par. (a) together with costs and disbursements, including reasonable attorney fees.
45.54 History
History: 1971 c. 125 ss.
249,
448;
1971 c. 211 s.
51;
1973 c. 12,
90;
1975 c. 39,
224,
422;
1981 c. 380;
1981 c. 391 s.
211;
1983 a. 27,
189,
485;
1985 a. 156;
1985 a. 332 s.
251 (3), (6);
1987 a. 27;
1989 a. 31,
56,
359;
1991 a. 39,
316;
1993 a. 61,
112,
399;
1995 a. 27 ss.
1815 to
1840,
9130 (4),
9145 (1);
1997 a. 3;
1997 a. 27 ss.
1196 to
1211,
1313 to
1315; Stats. 1997 s. 39.51;
1999 a. 9 ss.
921m to
929m; Stats. 1999 s. 45.54;
1999 a. 185 s.
36;
2001 a. 16,
103;
2003 a. 33.
45.54 Cross-reference
Cross Reference: See also
EAB, Wis. adm. code.
VETERAN'S HOUSING LOAN PROGRAM
Subch. II of ch. 45 Cross-reference
Cross Reference: See also ch.
VA 4, Wis. adm. code.
45.70(1)(1)
Legislative findings. It is determined that veterans, who have sacrificed in the service of their country, valuable years of their lives and considerable earning potential, constitute a readily identifiable and particularly deserving segment of this state's population. It is further determined that by making additional housing funds available to eligible veterans limited private home loan funds available will be more readily available to all. It is further determined that the loan programs established under this subchapter are special purpose credit programs for an economically disadvantaged class of persons for the purposes of the federal equal credit opportunity act (
15 USC 1691-1691f).
45.70(2)
(2) Legislative intent. This subchapter is created principally to enable the state and the authority to exercise their borrowing power to increase those funds available for loans providing for the purchase or construction of private housing, without requiring downpayments beyond the reach of families of modest means. It is the intent of the legislature that the department in its administration of this subchapter avoid the duplication of those administrative services available through private lending institutions, utilizing the administrative services of such institutions to the maximum extent consistent with the purposes of this subchapter.
45.71
45.71
Definitions. In this subchapter:
45.71(1)
(1) "Anticipated annual shelter payment" means the total annual payments anticipated for the following, as determined by the department or authorized lender on the basis of the loan applied for under
s. 45.79:
45.71(1)(a)
(a) Real estate taxes on the premises to be mortgaged.
45.71(1)(c)
(c) Required payments on principal and interest on all mortgages placed or to be placed against the home of an eligible person.
45.71(1m)
(1m) "Authority" means the Wisconsin Housing and Economic Development Authority.
45.71(3)(d)
(d) Other costs authorized by the department.
45.71(5)(a)
(a) The spouse of a veteran who resides with the veteran; and
45.71(5)(b)
(b) Any person who resides with a veteran and is dependent upon the veteran for more than one-half of the person's support.
45.71(6)
(6) "Eligible person" means any veteran qualified under
s. 45.74 to receive a loan under this subchapter.
45.71(7)
(7) "Funds" include cash on hand and liquid investments. The funds of a veteran include all funds owned by the veteran and spouse, individually or jointly, unless the veteran and spouse are permanently separated.
45.71(7m)
(7m) "Guaranteed loan" means a loan guaranteed by the U.S. department of veterans affairs under
38 USC 1801 to
1827.
45.71(8)
(8) "Home" means a building or portion thereof used as the veteran's principal place of residence, and includes condominiums and income-producing property, a portion of which is so occupied by the veteran, and the land, including existing improvements, appertaining to such a building.
45.71(9)
(9) "Income" means the amount of adjusted gross income a veteran is receiving for regular work together with any income from other sources that may reasonably be expected to be regular and dependable.
45.71(10)
(10) "Insurer" means any insurer authorized to do business in this state.
45.71(12)
(12) "Manufactured home" means a structure, as defined by the Federal Home Loan Mortgage Corporation which:
45.71(12)(a)
(a) Is used as the veteran's principal place of residence; and
45.71(13)(a)
(a) Required payments on principal and interest.
45.71(13)(c)
(c) One-twelfth of annual real estate taxes on the mortgaged property.
45.71(14)
(14) "Qualified purpose" means any purpose authorized under
s. 45.76.
45.71(16)(a)(a) "Veteran" means any person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, except service on active duty for training purposes, and who meets the following conditions:
45.71(16)(a)1m.a.
a. Is entitled to receive the armed forces expeditionary medal, established by
executive order 10977 on December 4, 1961, the Vietnam service medal established by
executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal.
45.71(16)(a)1m.b.
b. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34.
45.71(16)(a)1m.c.
c. Has served for 90 days or more during a war period or under section 1 of
executive order 10957, dated August 10, 1961, except service on active duty for training purposes, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service-connected or died in service.
45.71(16)(a)1m.d.
d. Has served on active duty for more than 6 months during the period between February 1, 1955, and August 4, 1964, and was honorably discharged.
45.71(16)(a)1m.e.
e. Has served on active duty in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.
45.71(16)(a)2m.
2m. The person is a resident of and living in this state at the time of making application, is serving on active duty in the U.S. armed forces at the time of making application, or is deceased, and meets one of the following conditions:
45.71(16)(a)2m.a.
a. Has been a resident of this state for any consecutive 12-month period after enlistment or induction into service and before the date of his or her application or death. If a person applying for a benefit under this subchapter meets the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets that residency requirement when he or she applies for any other benefit under this chapter that requires that residency.
45.71(16)(a)2m.b.
b. Was a resident of this state at the time of enlistment or induction into service.
45.71(16)(af)
(af) If the person had more than one qualifying term of service under
par. (a) 1m., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge.
45.71(16)(aj)
(aj) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for a loan under this chapter.
45.71(16)(b)
(b) An unremarried spouse of a deceased veteran shall be considered a veteran under this subchapter.
