440.63(3)(a)4.
4. Passes an examination conducted by the department to determine fitness as a barbering or cosmetology instructor.
440.63(3)(b)
(b)
Aesthetics instructor certification. The department shall issue an aesthetics instructor certificate to each person who meets the following requirements:
440.63(3)(b)2.
2. Completes 2,000 hours of practice as a licensed aesthetician and 150 training hours of instructor training approved by the department.
440.63(3)(b)3.
3. Passes an examination conducted by the department to determine fitness as an aesthetics instructor.
440.63(3)(c)
(c)
Electrology instructor certification. The department shall issue an electrology instructor certificate to each person who meets the following requirements:
440.63(3)(c)2.
2. Completes 2,000 hours of practice as a licensed electrologist and 150 training hours of instructor training approved by the department.
440.63(3)(c)3.
3. Passes an examination conducted by the department to determine fitness as an electrology instructor.
440.63(3)(d)
(d)
Manicuring instructor certification. The department shall issue a manicuring instructor certificate to each person who meets the following requirements:
440.63(3)(d)2.
2. Completes 2,000 hours of practice as a licensed manicurist and 150 training hours of instructor training approved by the department.
440.63(3)(d)3.
3. Passes an examination conducted by the department to determine fitness as a manicuring instructor.
440.635
440.635
Persons providing practical instruction in specialty schools. 440.635(1)(1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current manager license issued by the examining board or a current barbering or cosmetology instructor or aesthetics instructor certificate issued by the department.
440.635(2)
(2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current manager license issued by the examining board or an electrology instructor certificate issued by the department.
440.635(3)
(3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current manager license issued by the examining board or a current barbering or cosmetology instructor or manicuring instructor certificate issued by the department.
440.635 History
History: 1987 a. 265.
440.64
440.64
Regulation of schools and specialty schools. 440.64(1)(a)(a) The department shall investigate the adequacy of the courses of instruction and instructional materials and equipment at schools and specialty schools and review those courses of instruction, instructional materials and equipment for compliance with minimum standards established by rules of the examining board.
440.64(1)(b)1.
1. Establishing standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
440.64(1)(b)2.
2. Regulating the negotiability of promissory instruments received by schools and specialty schools in payment of tuition and other charges.
440.64(1)(b)3.
3. Establishing 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.
440.64(1)(b)4.
4. Requiring schools and specialty 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.
440.64(2)(a)(a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.
440.64(2)(b)
(b) An auditor or inspector appointed under
par. (a) may enter and audit or inspect any school or specialty school at any time during business hours.
440.64(3)
(3) Investigations, hearings, reprimands, denials, limitations, suspensions and revocations. 440.64(3)(a)(a) Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.64(3)(b)
(b) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend or revoke a license or certificate under this subchapter if it finds that the applicant, licensee or certified instructor has done any of the following:
440.64(3)(b)1.
1. Made a material misstatement in an application for licensure, certification or renewal.
440.64(3)(b)2.
2. Advertised in a manner which is false, deceptive or misleading.
440.64(3)(b)3.
3. Violated this subchapter or any rule promulgated under this subchapter.
440.64(3)(c)
(c) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license or certificate under
par. (b), the department may assess against a school, specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under
par. (b).
440.64 History
History: 1987 a. 265.
CEMETERY AUTHORITIES, SALESPERSONS AND PRENEED SELLERS
440.90
440.90
Definitions. In this subchapter:
440.90(8)
(8) "Preneed seller" means an individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract or, if such an individual is employed by or acting as an agent for a cemetery authority or any other person, the cemetery authority or other person.
440.90(13)
(13) "Warehouse" means a place of storage for cemetery merchandise sold under a preneed sales contract.
440.90(14)
(14) "Wholesale cost ratio" means the actual cost to a preneed seller to supply and deliver cemetery merchandise or to construct an undeveloped space divided by the price paid by the purchaser, excluding sales tax, finance or interest charges and insurance premiums.
440.90 History
History: 1989 a. 307.
440.91
440.91
Cemetery authorities and cemetery salespersons. 440.91(1)(1) Except as provided in
sub. (6m), every cemetery authority that sells or solicits the sale of a total of 10 or more cemetery lots or mausoleum spaces during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority.
440.91(2)
(2) Except as provided in
subs. (7) and
(10), every individual who sells or solicits the sale of, or who expects to sell or solicit the sale of, a total of 10 or more cemetery lots or mausoleum spaces during a calendar year shall register with the department. An individual may not be registered as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in
s. 440.05 (1). The cemetery authority shall certify in writing to the department that the individual is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and furnish to the department, in such form as the department prescribes, all of the following information:
440.91(2)(d)
(d) Any other information which the department may reasonably require to enable it to determine the competency of the salesperson to transact the business of a cemetery salesperson in a manner which safeguards the interest of the public.
440.91(3)
(3) Any cemetery salesperson may transfer to the employment of a cemetery authority, other than the cemetery authority that certified the salesperson under
sub. (2), by filing a transfer form with the department and paying the transfer fee specified in
s. 440.05 (7).
440.91(4)
(4) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under
s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
s. 440.08 (2) (a).
440.91(5)
(5) Every cemetery authority requesting the registration or transfer of any cemetery salesperson shall be responsible for the acts of that salesperson while acting as a cemetery salesperson.
440.91(6m)
(6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered under
sub. (1).
440.91(7)
(7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered under
sub. (2).
440.91(9)
(9) No cemetery authority or cemetery salesperson registered under
sub. (1) or
(2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or mausoleum space to any person who is not registered under
sub. (1) or
(2) or who is not regularly and lawfully engaged in the sale of cemetery lots, cemetery merchandise or mausoleum spaces in another state or territory of the United States or a foreign country.
440.91(10)
(10) Nothing in this section requires an individual who is registered as a preneed seller under
s. 440.92 (1) to be registered as a cemetery salesperson under
sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.
440.91 History
History: 1989 a. 307 ss.
75,
80 to
83,
91;
1991 a. 39,
269.
440.92
440.92
Cemetery preneed sellers. 440.92(1)(a)(a) Except as provided in
subs. (4),
(9) (a) and
(10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is required to be registered under this subsection.
440.92(1)(b)
(b) The department shall issue a certificate of registration as a cemetery preneed seller to any person who does all of the following:
440.92(1)(b)1.
1. Submits an application to the department on a form provided by the department.
440.92(1)(b)4.
4. Meets any other reasonable requirements established by the department by rule to determine fitness to sell cemetery merchandise or an undeveloped space under a preneed sales contract. The rules may not require applicants to meet minimum education, experience or prior employment requirements or to pass any examination.
440.92(1)(c)
(c) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under
s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
s. 440.08 (2) (a).
440.92(1)(e)
(e) Nothing in this subsection requires an individual who is registered as a cemetery salesperson under
s. 440.91 (2) to be registered under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.
440.92(2)(a)(a) A preneed sales contract for the sale of cemetery merchandise shall provide for the delivery of cemetery merchandise in one of the following ways:
440.92(2)(a)1.
1. By physically delivering the merchandise to the purchaser or the beneficiary named in the preneed sales contract.
440.92(2)(a)2.
2. By affixing the cemetery merchandise to the cemetery lot or mausoleum.
440.92(2)(a)3.
3. By storing the cemetery merchandise in a warehouse that is located on the property of the preneed seller if the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to the cemetery lot or mausoleum without additional charge.
440.92(2)(a)3g.
3g. By storing the cemetery merchandise anywhere on the property of the preneed seller if the property of the preneed seller is located in this state, the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, to the outside of or the grounds surrounding a mausoleum or to any other outdoor location without additional charge.
