Scope Statements
Safety and Professional Services
Professional Services, Chs.
1—299
This statement of scope was approved by the governor on May 28, 2014.
Rule No.
Relating to
Barbering and schools of barbering, cosmetology, aesthetics, electrology, and manicuring.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking project expects to include a comprehensive update to all rules in these chapters to make them consistent with contemporary industry, regulatory, and academic practices. It is also intended to bring these rules into compliance with any corresponding statutory aspects, including
2011 Wisconsin Act 190,
2013 Wisconsin Act 114 and
2013 Wisconsin Act 205. Other legislation pertaining to hours of course instruction, definitions and exemptions may be included in this rulemaking project, if enacted.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapter
SPS 50 applies to the licensing of barbers, barbering managers, and barbering establishments; the proposed revisions may include renewal and reinstatement of such licenses.
Chapters
SPS 60 to
62 and
65 currently contain all of the Department's rules relating to schools of barbering, cosmetology, aesthetics, electrology, and manicuring. These rules address licensing and regulation of these schools and the instructors in these schools. These rules have not been comprehensively updated subsequent to being created over 20 years ago.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Section
440.64 (1) (b), Stats., requires the Department to promulgate rules that do all of the following for these schools:
1. Establish standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
2. Regulate the negotiability of promissory instruments received by schools in payment of tuition and other charges.
3. Establish minimum standards for the refund of portions of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from a course or course of instruction.
4. Establish standards and criteria requiring schools to furnish information to the Department concerning their facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours, contracts, financial records, tuition and other charges and fees, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.
Section
454.25 (1) and
(3), Stats., authorizes the department to promulgate rules for:
1.
Permitting the provision of barbering services outside of a licensed barbering establishment or a licensed cosmetology establishment by a barber to a person who is unable to leave his or her home because of illness or disability or who is in a hospital, nursing home, correctional institution, or other institution.
2. Establishing minimum standards concerning the maintenance, equipment, plans, and specifications for licensed barbering establishments as they relate to the public health and safety.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 120 hours, depending on the complexity. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Schools of barbering, cosmetology, aesthetics, electrology, and manicuring, and instructors in these schools.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No existing or proposed federal requirements were found for these schools.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
Contact Person
Shawn Leatherwood
Administrative Rules Coordinator
Telephone (608) 261-4438 or
711 (Telecommunications Relay)
1400 East Washington Avenue
P.O. Box 8366
Madison, WI, 53708-8366.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the governor on June 9, 2014.
Rule No.
Relating to
Use of approved real estate forms.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Clearinghouse rule no.
CR 13-073, relating to approved forms and legal advice, was recently adopted with a delayed effective date of July 2014. It was brought to the attention the Real Estate Examining Board (the Board) that in revising the rule after the public hearing and responding to Clearinghouse comments that the word “not" was inadvertently omitted in a specific paragraph, s.
REEB 16.06 (1) (b). Neither s.
35.17 (1) or
(2), Stats., provides a means to make such a correction without following the administrative rule-making procedures as outlined in ch.
227, Stats.
Section
REEB 16.06 (1) (b) relates to a licensee's use of board-approved forms. This specific paragraph has been in this rule and in effect prior to July 1988. The omission of the word “not" would allow reproduction of any board-approved form, and in doing so, allowing the omission of specific information, which may negatively affect protections to consumers entering into real estate transactions.
Additionally, if left uncorrected, the Board may not have the legal means to discipline a licensee with respect to the intended use of Board-approved forms.
2. Detailed Description of the Objective of the Proposed Rule
An inadvertent editing error occurred in a companion rule-making project whereby in responding to public comments and comments of the Clearinghouse Report, the omission of the word “not" in this specific paragraph, s.
REEB 16.06 (1) (b) occurred. The Board desires to correct the text prior to the delayed effective date of the companion rule, ch.
REEB 16 (
CR 13-073).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Regarding the use of board-approved forms by licensees, documents specific to a real estate transaction are expected to be uniform, clear, free of errors and omissions, accurately reflect all parties' intent, and provide protection for all parties — brokers, lenders, and most importantly the buyers. There are no new policies in this rule project; the sole purpose is to correct an error, which if left uncorrected may lessen protections provided to consumers.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
• Section
15.08 (5) (b), Stats.: This section requires any examining board to promulgate rules for their own guidance or the guidance of respective trade or profession.
• Section
452.07, Stats.: This section provides the Real Estate Examining Board the express authority to draft and approve rules relating to the guidance of the real estate profession. “S.
452.07 Rules. (1) The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
• Section
452.05 (1) (b), Stats., reads: “Approve forms for use in real estate practice. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice."
• Section
452.14 (3) (m:, Stats.: This sections relates to investigation and discipline of licensees and reads: “(m) Failed to use forms approved under s.
452.05 (1) (b);"
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 50 hours is needed to perform the review and develop the rule change. This time includes meeting with the Real Estate Examining Board, drafting the rule change and processing the change through public hearing, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule change; existing staff will be utilized; no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed brokers, lenders and consumers.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Federal government does not licensee real estate brokers or salespersons.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule is not expected to have a significant adverse economic impact on small business, as defined in s.
227.114 (1).
Contact Person
Sharon Henes, Administrative Rules Coordinator, 608-261-2377.
