SPS 50.340 Note
Note: Sections
454.23 (1) and
(2) of the Statutes read as follows: “(1)
Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department.
SPS 50.340 Note
(2) Barber license. The department shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions:
SPS 50.340 Note
(a) The applicant pays the initial credential fee determined by the department under s.
440.03 (9) (a), except as provided in s.
454.27 (1).
SPS 50.340 Note(b) Subject to ss.
111.321,
111.322, and
111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.
SPS 50.340 Note
(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under
20 USC 1091 (d).
SPS 50.340 Note
(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in a school of barbering licensed under s.
440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s.
440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s.
440.61 or the applicant successfully completes an apprenticeship under s.
454.26.
SPS 50.340 Note
(e) The applicant passes an examination conducted by the department to determine fitness to practice barbering."
SPS 50.340 Note
Note: Application forms are available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.
SPS 50.340(2)
(2)
Reciprocity generally. Pursuant to s.
454.27, Stats., the department may grant a license to practice barbering without examination to a person from another state or territory of the United States or another country who holds a current license in the other jurisdiction to perform services that are substantially the same as those performed by a licensed barber in this state and pays the appropriate fee as indicated in s.
440.05, Stats., and if one of the following applies:
SPS 50.340(2)(a)
(a) The applicant completes a one-hour department approved course on Wisconsin statutes and administrative code relating to barbering practice, has never been disciplined by the licensing authority of another jurisdiction, and is not currently a party to disciplinary proceedings in another jurisdiction.
SPS 50.340(2)(b)
(b) The department has entered into a written reciprocal agreement with the licensing authority of another state, after determining that the education and services practiced are substantially equivalent to those in Wisconsin.
SPS 50.340(2m)
(2m) Reciprocity for service members, former service members, and their spouses.
A reciprocal barbering license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s.
440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s.
440.09 (2), Stats. Subject to s.
440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.
SPS 50.340 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 50.340(3)(a)(a) Any person who has been granted an inactive license, under s.
454.23 (6), Stats., may not receive compensation for barbering services and may not practice in a licensed barbering establishment.
SPS 50.340(3)(b)
(b) Activities permitted under this subsection include purchasing supplies—or cutting hair outside an establishment, without compensation, such as for a resident in a nursing home.
SPS 50.340 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13; correction in (1) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2018 No. 756;
CR 21-056: am. (2) (title), cr. (2m)
Register July 2023 No. 811, eff. 8-1-23;
CR 23-055: r. (1) (b), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (intro.) made under s. 35.17, Stats.,
Register May 2024 No. 821. SPS 50.400
SPS 50.400 License renewal. To renew a license, a licensee shall, on or before March 31st of every odd-numbered year, file with the department all of the following:
SPS 50.400(1)
(1) An application for renewal on a form prescribed by the department.
SPS 50.400 Note
Note: An electronic link to the renewal form is included in a renewal notice the Department sends to each licensee.
SPS 50.400(3)
(3) Certification on the application for renewal that the licensee has reviewed the digest under s.
454.267, Stats.
SPS 50.400 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: am. (3) Register May 2024 No. 821, eff. 6-1-24.
SPS 50.401
SPS 50.401 Late renewal. If the application for renewal is filed after the deadline in s.
SPS 50.400 but less than 5 years after the expiration of the applicant's last license, the applicant shall comply with the certification requirements in s.
SPS 50.400 (3), and pay the late renewal fee in s.
440.08 (3) (a), Stats., in addition to the renewal fee under s.
SPS 50.400 (2).
SPS 50.401 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24.
SPS 50.402
SPS 50.402 Renewal that includes conversion from cosmetology. Until March 31, 2015, an active cosmetologist, cosmetology manager, or cosmetology establishment licensed under chs.
Cos 1 to
10 may convert to a barbering license upon request to the department and satisfaction of the applicable renewal requirements for barbering.
SPS 50.402 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
correction made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822. SPS 50.410
SPS 50.410 Reinstatement of license. If an application for restoring a license occurs 5 years or more after expiration of the applicant's most recent license, the applicant shall pass the examination specified in s.
SPS 50.330 (3) prior to reinstatement of the license, no certification requirements under s.
SPS 50.400 (3) apply to that reinstatement, and the fees listed in s.
SPS 50.401 shall be submitted to the department. However, renewal of the reinstated license is subject to the certification requirements of s.
SPS 50.400 (3).
SPS 50.410 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.
SPS 50.420
SPS 50.420 Continuing education. To ensure competency, the department may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.
SPS 50.420 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 23-055: r. and recr. Register May 2024 No. 821, eff. 6-1-24.
SPS 50.500(1)(1)
The citation procedures in this subchapter may be used in an action to recover a forfeiture under s.
454.29 (3), Stats.
SPS 50.500 Note
Note: The forfeitures under section
454.29 of the Statutes may be assessed against any license holder or applicant who has committed any of the offenses listed in the section, and can be up to $1,000 for each separate offense. Each day of continued violation is a separate offense.
SPS 50.500(2)
(2) The citation form provided under this subchapter may serve as the initial pleading for a disciplinary action and is adequate process to give the department jurisdiction over the credential holder, if the citation is served upon the credential holder.
SPS 50.500 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.510
SPS 50.510 Citation for administrative forfeiture. A citation under this subchapter shall be issued by one of the department's investigators and shall contain substantially all of the following information:
SPS 50.510(1)
(1) The name, address, and credential number of the credential holder.
SPS 50.510(2)
(2) The name and signature of the individual issuing the citation.
SPS 50.510(3)
(3) A description of the violation alleged, the time and place of its occurrence, a statement that the respondent committed the violation, and the statute or administrative code provision violated.
SPS 50.510(4)
(4) Notice that the credential holder may submit a response contesting the citation and requesting a hearing. The notice shall include the date and address for the timely submission of a request, and shall state that the request for a hearing must be in writing.
SPS 50.510(5)
(5) The forfeiture assessment requested by the department.
SPS 50.510(6)
(6) A summary of the citation procedure, including the provisions for deposit and stipulation in lieu of an appearance before an administrative law judge or the department.
SPS 50.510 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.520
SPS 50.520 Service. Service of a citation under this subchapter may be accomplished by mailing a copy of the citation to the credential holder at the last known address of the credential holder or by any procedure described in s.
801.14 (2), Stats.
SPS 50.520 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.530
SPS 50.530 Effect of payment. The credential holder may deposit the amount of forfeiture identified in the citation by mailing the deposit and a copy of the citation to the division. Payment shall be treated as a plea of no contest and submission to an order of forfeiture, not to exceed the amount of the deposit.
SPS 50.530 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.540(1)(1)
Within 20 calendar days of the date of service of the citation, the licensee may enter a plea contesting the violation cited and request a hearing on the alleged violation cited.
SPS 50.540(2)
(2) A plea contesting a violation and requesting a hearing shall be in writing and submitted to the division. The submission shall include a statement of the specific reasons why the licensee believes the forfeiture assessment and the grounds for assessment should be reviewed.
SPS 50.540 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.550(1)(1)
If the credential holder does not make a deposit or otherwise respond to the citation in a timely fashion, the department may without further proceedings issue an order of default against the credential holder. A default order issued under this subchapter may assess a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued under this subchapter may result in assessing a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued pursuant to this subchapter may also result in a refusal to renew credentialing or additional disciplinary action.
SPS 50.550(2)
(2) If the credential holder requests a hearing pursuant to s.
SPS 50.540 but fails to appear at the hearing at the time scheduled, the credential holder is in default and the department may make findings and enter an order on the basis of the citation. The department may, for good cause, relieve the respondent from the effect of such findings and permit the respondent to answer and defend at any time before the department enters an order, or within a reasonable time.
SPS 50.550 Note
Note: See sections
440.19 to
440.23 and
454.29 of the Statutes for other disciplinary proceedings and actions—such as administrative warnings, and suspension or revocation of a license, respectively.
SPS 50.550 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
