AB150-engrossed,1915,2323
218.02
(1) (d) "Division" means the division of banking.
AB150-engrossed,1916,6
1218.02
(2) (a) Each adjustment service company shall apply to the
2commissioner of banking division for a license to engage in such business.
3Application for a separate license for each office of a company to be operated under
4this section shall be made to the
commissioner division in writing, under oath, in a
5form to be prescribed by the
commissioner division. The
commissioner division may
6issue more than one license to the same licensee.
AB150-engrossed,1916,138
218.02
(2) (b) At the time of making application and before engaging in
9business, every applicant for an adjustment service company license shall pay a
10nonrefundable $200 fee
of $100 to the commissioner for investigating the application
11and
the sum of $100 as an a $200 annual license fee. If the cost of an investigation
12exceeds
$100 $200, the applicant shall, upon demand of the commissioner, pay the
13excess cost. No investigation fee shall be required on the renewal of a license.
AB150-engrossed, s. 5898
14Section
5898
. 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB150-engrossed,1916,2116
218.02
(2) (b) At the time of making application and before engaging in
17business, every applicant for an adjustment service company license shall pay a
18nonrefundable $200 fee to the
commissioner division for investigating the
19application and a $200 annual license fee. If the cost of an investigation exceeds
20$200, the applicant shall, upon demand of the
commissioner division, pay the excess
21cost. No investigation fee shall be required on the renewal of a license.
AB150-engrossed,1917,223
218.02
(2) (c) The
commissioner division may require any licensee either before
24or after the issuance of the license to file and maintain in force a bond in a form to
25be prescribed by and acceptable to the
commissioner
division, in such sum as the
1commissioner division may deem necessary to safeguard the interest of the
2borrowers and the public, not exceeding, however, the sum of $5,000.
AB150-engrossed,1917,74
218.02
(3) Conditions of the issuance of licenses. (intro.) The
commissioner 5division shall issue a license to the applicant to conduct such business at the office
6specified in the application in accordance with the provisions of this section, if the
7commissioner division shall find:
AB150-engrossed,1917,149
218.02
(4) Order denying application. If the
commissioner division is not
10satisfied as to all of the matters specified in sub. (3) the
commissioner division shall
11enter a special order denying the application for a license and shall return the
12applicant's license fee. The
commissioner division shall make findings of fact as part
13of and in support of the
commissioner's division's order denying any application for
14a license.
AB150-engrossed,1917,2316
218.02
(5) (b) Whenever a licensee shall contemplate a change of the licensee's
17place of business to another location within the same city, village or town, the
18licensee shall give written notice thereof to the
commissioner, who division, which 19shall attach to the license the
commissioner's division's authorization of such
20removal, specifying the date thereof and the new location. Such authorization shall
21be authority for the operation of such business under the same license at the specified
22new location. No change in the place of business of a licensee to a location outside
23of the original city, village or town shall be permitted under the same license.
AB150-engrossed,1918,3
1218.02
(5) (c) Every licensee shall, on or before the tenth day of each December,
2pay to the
commissioner division the annual license fee for the next succeeding
3calendar year.
AB150-engrossed,1918,75
218.02
(6) Revocation; suspension; reinstatement and term of licenses. 6(intro.) The
commissioner division, after complaint, notice and hearings as provided
7in s. 217.19, shall revoke any license in the following cases:
AB150-engrossed,1918,119
218.02
(6) (c) If any fact or condition exists which, if it had existed at the time
10of the original application for such license, clearly would have warranted the
11commissioner division in refusing to issue such license;
AB150-engrossed,1918,1613
218.02
(7) (title)
Powers of commissioner division. (intro.) It shall be the duty
14of the
commissioner division and the
commissioner division shall have power,
15jurisdiction and authority to investigate the conditions and ascertain the facts with
16reference to such companies and upon the basis thereof:
AB150-engrossed,1918,2418
218.02
(7) (c) At any time and so often as the
commissioner division may
19determine to investigate the business and examine the books, accounts, records and
20files used therein of every licensee. The cost of an examination shall be determined
21by the
commissioner division and shall be paid to the
commissioner division by every
22licensee so examined within 30 days after demand therefor by the
commissioner 23division, and the state may maintain an action for the recovery of such costs in any
24court of competent jurisdiction;
AB150-engrossed,1919,5
1218.02
(9) (a) The
commissioner division may make such rules and require
2such reports as the
commissioner division deems necessary for the enforcement of
3this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available
4for the purposes of this section. Orders of the
commissioner division under this
5section are subject to review by the consumer credit review board under s. 220.037.
AB150-engrossed,1919,97
218.02
(9) (b) All fees and moneys received by the
commissioner division under
8authority of this chapter shall be paid by the
commissioner division into the state
9treasury within one week after the receipt thereof.
AB150-engrossed,1919,1511
218.02
(9) (c) The
commissioner division shall investigate, ascertain and
12determine whether this chapter or the lawful orders issued hereunder are being
13violated and for such purposes the
commissioner division shall have all of the powers
14conferred by ss. 217.17 and 217.18. The
commissioner
division shall report all
15violations to the district attorney of the proper county for prosecution.
AB150-engrossed,1919,1817
218.04
(1) (c)
"Commissioner"
"Division" means the
commissioner division of
18banking.
AB150-engrossed,1919,2320
218.04
(3) (a) Application for licenses under the provisions of this section shall
21be made to the
commissioner division in writing, under oath, on a form to be
22prescribed by the
commissioner division. All licenses shall expire on June thirtieth
23next following their date of issue.
AB150-engrossed,1920,6
1218.04
(3) (b) At the time of making application, every applicant for a collection
2agency license shall pay a
nonrefundable fee of
$100 $1,000 to the commissioner for
3investigating the application, unless the applicant is already licensed under this
4section, and the sum of
$100 $200 as an annual license fee. If the cost of investigation
5exceeds
$100 $1,000, the applicant shall, upon demand of the commissioner, pay the
6excess cost. No investigation fee is required on the renewal of a license.
AB150-engrossed, s. 5914
7Section
5914
. 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is amended to read:
AB150-engrossed,1920,149
218.04
(3) (b) At the time of making application, every applicant for a collection
10agency license shall pay a nonrefundable fee of $1,000 to the
commissioner division 11for investigating the application, unless the applicant is already licensed under this
12section, and the sum of $200 as an annual license fee. If the cost of investigation
13exceeds $1,000, the applicant shall, upon demand of the
commissioner division, pay
14the excess cost. No investigation fee is required on the renewal of a license.
AB150-engrossed,1920,2116
218.04
(3) (c) The license fee for a collector or solicitor shall be
$2 $15. This
17license shall be carried as a means of identification whenever the collector is engaged
18in business. The license shall state the name of the employer and
in case of a change
19of employer the commissioner shall indorse such change on the license without
20charge shall be surrendered to the commissioner upon termination of employment.
21A new license is required for a change of employment.
AB150-engrossed, s. 5916
22Section
5916
. 218.04 (3) (c) of the statutes, as affected by 1995 Wisconsin Act
23.... (this act), is amended to read:
AB150-engrossed,1921,324
218.04
(3) (c) The license fee for a collector or solicitor shall be $15. This license
25shall be carried as a means of identification whenever the collector is engaged in
1business. The license shall state the name of the employer and shall be surrendered
2to the
commissioner division upon termination of employment. A new license is
3required for a change of employment.
AB150-engrossed,1921,85
218.04
(3) (d) The
commissioner division may require any licensee to file and
6maintain in force a bond, in a form to be prescribed by and acceptable to the
7commissioner division, and in such sum as the
commissioner division may deem
8reasonably necessary to safeguard the interests of the public.
AB150-engrossed,1921,2010
218.04
(4) (a) Upon the filing of such application and the payment of such fee,
11the
commissioner division shall make an investigation, and if the
commissioner 12division finds that the character and general fitness and the financial responsibility
13of the applicant, and the members thereof if the applicant is a partnership, limited
14liability company or association, and the officers and directors thereof if the
15applicant is a corporation, warrant the belief that the business will be operated in
16compliance with this section the
commissioner division shall thereupon issue a
17license to said applicant. Such license is not assignable and shall permit operation
18under it only at or from the location specified in the license. A nonresident of this
19state may, upon complying with all other provisions of this section, secure a collection
20agency license provided the nonresident maintains an active office in this state.
AB150-engrossed,1922,222
218.04
(4) (b) No licensee shall conduct a collection agency business within any
23office, room or place of business in which any other business is solicited or engaged
24in, or in association or conjunction therewith, except as may be authorized in writing
25by the
commissioner division upon finding that the character of such other business
1is such that the granting of such authority would not facilitate evasion of this section
2or the lawful orders issued thereunder.
AB150-engrossed,1922,54
218.04
(5) (a) (intro.) The
commissioner division may suspend or revoke any
5license issued under this section if the
commissioner
division finds that:
AB150-engrossed,1922,87
218.04
(5) (a) 1. The licensee has violated any of the provisions of this section
8or any lawful order of the
commissioner division made thereunder;
AB150-engrossed,1922,1210
218.04
(5) (a) 2. Any fact or condition exists which, if it had existed at the time
11of the original application for such license, would have warranted the
commissioner 12division in refusing to issue such license;
AB150-engrossed,1922,1914
218.04
(5) (c) In the event of the death of a licensee, if the licensee is an
15individual, or of the partners, if the licensee is a partnership, the license of the agency
16shall terminate as of the date of death of said licensee, except the
commissioner 17division may reinstate a license if the estate of the former licensee signifies to the
18commissioner division within 45 days its intention to continue the business of the
19agency.
AB150-engrossed,1923,221
218.04
(6) (a) Whenever a collection agency shall contemplate a change of its
22place of business to another location within the same city or village, it shall give
23written notice thereof to the
commissioner, who division, which shall attach to the
24license the
commissioner's division's authorization of such removal, specifying the
25date thereof and the new location. Such authorization shall be authority for the
1operation of such business under the same license at the specified new location. All
2collection agency licenses shall be conspicuously posted in the office of the licensee.
AB150-engrossed,1923,64
218.04
(6) (b) Every licensee applying for a renewal of a license shall, on or
5before the first day of June, pay in advance to the
commissioner division the annual
6license fee.
AB150-engrossed,1923,118
218.04
(6) (c) (intro.) Before discontinuing operating as a collection agency
9under the provisions of this section, every licensee shall furnish the
commissioner 10division with proof in a form to be determined by the
commissioner division and
11approved by the advisory committee that:
AB150-engrossed,1923,1713
218.04
(7) (title)
Powers of commissioner division; advisory committees. 14(intro.) It shall be the duty of the
commissioner
division and the
commissioner 15division shall have power, jurisdiction and authority to investigate the conditions
16and ascertain the facts with reference to the collection of accounts and upon the basis
17thereof:
AB150-engrossed,1924,1319
218.04
(7) (b) For the purpose of discovering violations of this section the
20commissioner division may cause an investigation to be made of the business of the
21licensee transacted under the provisions of this section, and shall cause an
22investigation to be made of convictions reported to the
commissioner division by any
23district attorney for violation by a licensee of any of the provisions of this section.
24The place of business, books of accounts, papers, records, safes and vaults of said
25licensee shall be open to inspection and examination by the
commissioner or the
1commissioner's representative division for the purpose of such investigation and the
2commissioner division shall have authority to examine under oath all persons whose
3testimony is required relative to said investigation. The cost of the first investigation
4or examination during any licensing year shall be paid by the licensee, but the cost
5of additional investigation or examination during such year shall be paid by the
6licensee only if such examination discloses violation of sub. (5) (a) 4. The
7commissioner division shall determine the cost of an investigation or examination.
8The licensee shall pay the cost of any hearing including witness fees, unless it be
9found by the
commissioner division, board of review or court that licensee has not
10violated any provision of this section. All said costs shall be paid by the licensee
11within 30 days after demand therefor by the
commissioner division. The state may
12maintain an action for the recovery of such costs and expenses in any court of
13competent jurisdiction.
AB150-engrossed,1924,2215
218.04
(7) (c) To appoint advisers from the individuals engaged in the collection
16business in the state and in any locality, which advisers shall be consulted by and
17shall assist the
commissioner division in the execution of the
commissioner's 18division's duties under the provisions of this section.
The commissioner may appoint
19such advisers as deputies. Such persons
, either as advisers or deputies, shall receive
20no compensation for their services but may be reimbursed for their actual and
21necessary traveling expenses. Such expenses shall be audited and paid and charged
22to the
commissioner division for the administration of this chapter.
AB150-engrossed,1925,3
1218.04
(8) Hearings and orders. The
commissioner division shall have the
2same power to conduct hearings, take testimony and secure evidence as is provided
3in ss. 217.17, 217.18 and 217.19.
AB150-engrossed,1925,75
218.04
(9) Administrative review. Any licensee or other person in interest
6being dissatisfied with any order of the
commissioner
division made under this
7section may have a review thereof as provided in s. 220.037.
AB150-engrossed,1925,149
218.04
(9g) (b) A licensee shall establish a trust account with a financial
10institution. The licensee shall notify the
commissioner division of the name of the
11financial institution that maintains the trust account. The
commissioner division 12may prohibit a licensee from establishing or maintaining a trust account in a
13financial institution if the
commissioner division believes that the financial
14institution is operating in an unsafe or unsound manner.
AB150-engrossed,1925,1716
218.04
(9m) (title)
Delinquent collection agencies; commissioner division
17may take possession.
AB150-engrossed,1926,1019
218.04
(9m) (a) If the
commissioner
division finds that a licensee is insolvent
20or that the licensee has collected accounts but has failed to remit money due to any
21claimant or forwarder within 30 days from the end of the month in which collection
22was made, and it is necessary to protect the interest of the public or when the license
23of a collection agency has expired or has terminated for any reason whatsoever, the
24commissioner division may take possession of the assets and the books and records
25of the licensee for the purpose of liquidating its business, and for such other relief as
1the nature of the case and the interest of the claimants or forwarders may require.
2The liquidation of business shall be made by and under the supervision of the
3commissioner division either in the name of the
commissioner division or in the name
4of the licensee and the
commissioner or the commissioner's successor division shall
5be vested with title to all of the assets including the proceeds of the bond or bonds
6which have been filed with the
commissioner division as provided for under sub. (3)
7(d), and the proceeds of any and all money paid direct to the claimant or forwarder
8by the debtor prior to the date said license has terminated. Money paid to the licensee
9or to the
commissioner division after the termination of the license shall be disposed
10of by the
commissioner division with the approval of the circuit court.
AB150-engrossed,1926,1612
218.04
(9m) (b) In taking possession of the property and business of any such
13collection agency, the
commissioner division shall forthwith give notice to any and
14all banks or other financial institutions holding or in possession of any bank balances
15or assets of such agency and thereafter such assets shall be held subject to the order
16of the
commissioner division.
AB150-engrossed,1926,2418
218.04
(9m) (c) In addition to the authority conferred by par. (b), the
19commissioner division may, with the approval of the circuit court for the county
20wherein the main office is located, for the purposes of collection or liquidation, sell,
21assign, convey and transfer or approve the sale, assignment, conveyance and
22transfer of the assets of such collection agency under such terms and conditions as
23the
commissioner division may deem for the best interests of the claimants of such
24collection agency.
AB150-engrossed,1927,23
1218.04
(9m) (e) The
commissioner division shall cause notice to be given by
2publication of a class 3 notice, under ch. 985, if no action has been commenced under
3par. (f), calling on all persons who may have claims against such licensee, to present
4the same to the
commissioner division, and make legal proof thereof at a place and
5within a time, to be therein specified. The
commissioner division may mail a similar
6notice to all persons whose names appear as claimants or forwarders upon the books
7and records of the licensee or as may appear in the records of the
commissioner 8division on the sworn reports required to be furnished the
commissioner division 9according to the provisions of sub. (10). Any claimant or forwarder whose portion of
10the collection or collections has not been properly remitted shall file a claim which
11shall be considered as a preferred claim for the amount actually due the claimant or
12forwarder after deducting any commission or fee that may be due and owing the
13licensee. If the
commissioner division doubts the justice and validity of any claim,
14the
commissioner division may reject the same and serve notice of such rejection
15upon the claimant either by mail or personally. An affidavit of the service of such
16notice, which shall be prima facie evidence thereof, shall be filed with the
17commissioner division. An action upon a claim so rejected must be brought in the
18circuit court for the county wherein the licensee is located within 30 days after such
19service of such notice of rejection of claim has been filed. Claims presented after the
20expiration of the time fixed in the notice to the claimants or forwarders shall be
21entitled to receive only liquidating dividends declared after presentation, unless
22otherwise ordered by the court. The court may fix a date after which all claims shall
23be barred.
AB150-engrossed,1928,10
1218.04
(9m) (f) Whenever any agency, of whose assets and business the
2commissioner division has taken possession, as aforesaid, deems itself aggrieved
3thereby, it may, at any time within 10 days after such taking possession, apply to the
4circuit court for the county in which the main office of such agency is located to enjoin
5further proceedings; and such court, after citing the
commissioner division to show
6cause why further proceedings should not be enjoined and hearing the allegations
7and proofs of the parties and determining the facts, may, upon the merits dismiss
8such application or enjoin the
commissioner division from further proceedings, and
9direct the
commissioner division to surrender such business and property to such
10agency.