440.945
440.945
Cemetery monuments. 440.945(1)(a)
(a) "Installed" means permanently affixed to a cemetery lot.
440.945(1)(b)
(b) "Monument" means any object made of granite, bronze, marble, stone, cement or other permanent material that is installed or intended to be installed to identify or memorialize human remains.
440.945(1)(c)
(c) "Vendor" means a person who sells, delivers, installs or cares for a monument, other than the cemetery authority of the cemetery in which the monument is installed.
440.945(2)
(2) Cemetery authority powers. A cemetery authority may do any of the following:
440.945(2)(a)
(a) Adopt regulations, consistent with this section and with standards that the cemetery authority uses for its own monument installations, prescribing requirements and procedures for the sale, delivery, installation or care of monuments, including requirements that each vendor provide reasonable advance notice to the cemetery authority of the date on which the vendor desires to install a monument; that each vendor carry worker's compensation insurance and a minimum amount of comprehensive general liability insurance, such minimum amount not to exceed $300,000; and that each owner of a cemetery lot pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot before a monument is installed.
440.945(2)(b)
(b) Assist a vendor in marking the location for a monument and inspect the installation of the monument to ensure that it is properly installed by the vendor.
440.945(2)(c)
(c) Charge either the owner of a cemetery lot or a vendor a reasonable fee to cover the cemetery authority's labor costs. In this paragraph, "labor costs" means the amount, calculated in accordance with generally accepted accounting principles and practices, that is payable to employes of the cemetery authority for wages and fringe benefits for the period that the employes were engaged in marking the location for and inspecting the installation of the monument to ensure that it was properly installed, and may include any general administrative or overhead costs of the cemetery authority or any other costs that are directly related to marking the location for and inspecting the installation of the monument to ensure that it was properly installed.
440.945(3)
(3) Disclosure of information to consumers. 440.945(3)(a)(a) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots and to other interested persons all of the following information:
440.945(3)(a)1.
1. An itemized list of the amounts charged for any services provided by the cemetery authority relating to the finishing, installation or care of monuments.
440.945(3)(b)
(b) Upon the request of any person who is interested in purchasing a monument from a cemetery authority or a vendor, the cemetery authority or vendor shall provide the person with an itemized list of the amount charged for each finished monument in which the person is interested and for any services that may be provided by the cemetery authority or vendor relating to the installation or care of the monument.
440.945(4)(a)(a) A cemetery authority may not do any of the following:
440.945(4)(a)1.
1. Require the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the cemetery authority.
440.945(4)(a)2.
2. Restrict the right of the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the vendor of his or her choice.
440.945(4)(a)3.
3. Except as provided in
sub. (2) (c), charge the owner or purchaser of a cemetery lot a fee for purchasing a monument or services related to the installation of a monument from a vendor, or charge a vendor a fee for delivering or installing the monument. Nothing in this subdivision shall be construed to prohibit a cemetery authority from charging the owner or purchaser of a cemetery lot a reasonable fee for services relating to the care of a monument.
440.945(4)(a)4.
4. Discriminate against any owner or purchaser of a cemetery lot who has purchased a monument or services related to the installation of a monument from a vendor.
440.945(4)(b)
(b) A vendor may not falsely represent to any person any regulations adopted by a cemetery authority under
sub. (2) (a) or falsely represent to any person the vendor's relationship with a cemetery authority.
440.945(5)(a)(a) If the department has reason to believe that any person is violating this section and that the continuation of that activity might cause injury to the public interest, the department may investigate.
440.945(5)(b)
(b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing to exercise its authority under
par. (a) to aid in the investigation of alleged violations of this section.
440.945(5)(c)
(c) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in the act or practice. An assurance entered into under this paragraph shall not be considered evidence of a violation of this section, but a violation of the assurance shall be treated as a violation of this section.
440.945 History
History: 1989 a. 95;
1989 a. 307 ss.
84,
86; Stats. 1989 s. 440.945.
440.95(1)(1) Any cemetery authority that is required to register under
s. 440.91 (1) and that knowingly fails to register may be fined not more than $100.
440.95(2)
(2) Any individual who is required to register as a cemetery salesperson under
s. 440.91 (2) and who fails to register may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.
440.95(3)
(3) Except as provided in
subs. (1) and
(2), any person who violates
s. 440.91 or any rule promulgated under
s. 440.91 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
440.95(4)
(4) Any person who intentionally does any of the following may be fined not more than $1,000 or imprisoned for not more than 90 days or both:
440.95(4)(b)
(b) Fails to deposit or invest preneed trust funds or care funds as required under
s. 440.92 (3).
440.95(4)(c)
(c) Fails to file a report or files an incomplete, false or misleading report under
s. 440.92 (6).
440.95(5)
(5) Except as provided in
sub. (4), any person who violates
s. 440.92 or any rule promulgated under
s. 440.92 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.
440.95(6)(a)(a) Any cemetery authority or vendor that fails to disclose information to consumers in violation of
s. 440.945 (3) may be required to forfeit not more than $200.
440.95(6)(b)
(b) Any cemetery authority or vendor that violates
s. 440.945 (4) may be required to forfeit not more than $200 for the first offense and may be required to forfeit not more than $500 for the 2nd or any later offense within a year. The period shall be measured by using the dates of the offenses that resulted in convictions.
440.95 History
History: 1989 a. 307 ss.
75,
87.
INTERIOR DESIGNERS
440.96
440.96
Definitions. In this subchapter:
440.96(1)
(1) "Interior design" means the design of interior spaces in conformity with public health, safety and welfare requirements, including the preparation of documents relating to space planning, finish materials, furnishings, fixtures and equipment and the preparation of documents relating to interior construction that does not substantially affect the mechanical or structural systems of a building. "Interior design" does not include services that constitute the practice of architecture or the practice of professional engineering.
440.96(2)
(2) "Wisconsin registered interior designer" means a person registered as a Wisconsin registered interior designer under this subchapter.
440.96 History
History: 1995 a. 322.
440.961
440.961
Use of title. No person may use the title "Wisconsin registered interior designer", use any title or description that implies that he or she is a Wisconsin registered interior designer or represent himself or herself to be a Wisconsin registered interior designer unless the person is registered as a Wisconsin registered interior designer under this subchapter.
440.961 History
History: 1995 a. 322.
440.962
440.962
Registration requirements. The department shall register as a Wisconsin registered interior designer an individual who submits an application to the department on a form provided by the department and who satisfies one of the following requirements:
440.962(1)
(1) The individual does all of the following:
440.962(1)(a)
(a) Submits to the department evidence satisfactory to the department of any of the following:
440.962(1)(a)1.
1. That he or she is a graduate of a 5-year interior design or architecture program and has at least one year of practical experience in interior design of a character satisfactory to the department.
440.962(1)(a)2.
2. That he or she is a graduate of a 4-year interior design or architecture program and has at least 2 years of practical experience in interior design of a character satisfactory to the department.
440.962(1)(a)3.
3. That he or she has completed at least 3 years of an interior design program and has at least 3 years of practical experience in interior design of a character satisfactory to the department.
440.962(1)(a)4.
4. That he or she is a graduate of a 2-year interior design program and has at least 4 years of practical experience in interior design of a character satisfactory to the department.
440.962(1)(c)
(c) Subject to
ss. 111.321,
111.322 and
111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
440.962(1)(d)
(d) Submits the names of at least 5 references, at least 3 of whom shall have personal knowledge of the applicant's interior designing experience.
440.962(1)(e)
(e) Meets any other requirements established by the department by rule.
440.962(2)
(2) The individual is registered as an architect under
s. 443.03 and submits evidence satisfactory to the department of all of the following:
440.962(2)(a)
(a) That he or she is a graduate of a 4-year architecture program.
440.962(2)(b)
(b) That he or she has at least 6 years of demonstrated practical experience in interior design of a character satisfactory to the department.
440.962 History
History: 1995 a. 322.
440.963
440.963
Use of title by firms, partnerships and corporations. 440.963(1)(1) A firm, partnership or corporation may use the term "Wisconsin registered interior designer" or "Wisconsin registered interior designers", or may advertise or make representations that it provides the services of a Wisconsin registered interior designer, only if at least one principal, partner or officer who is in responsible charge of the interior design services provided by the firm, partnership or corporation is a Wisconsin registered interior designer.
440.963(2)
(2) No firm, partnership or corporation may be relieved of responsibility for the conduct or acts of its agents, employes or officers by reason of its compliance with this subchapter, nor may any individual practicing interior design be relieved of responsibility for interior designing services performed by reason of his or her employment or relationship with the firm, partnership or corporation.
440.963 History
History: 1995 a. 322.
440.964(1)(1) Except as provided in
s. 440.962 (2), no person may be registered as a Wisconsin registered interior designer under this subchapter unless he or she passes one of the following examinations:
440.964(1)(a)
(a) An interior design examination administered by a national organization that establishes standards for the interior design profession and that is recognized by the department.
440.964(1)(b)
(b) An interior design examination conducted or approved by the department under
sub. (2) that is substantially equivalent to an examination specified in
par. (a).
440.964(2)
(2) Written or written and oral examinations under
sub. (1) (b) shall be held at such time and place as the department determines. The scope of the examinations and the methods of procedure shall be prescribed by the department with special reference to the applicant's ability to design and supervise interior designing work, which shall promote the public welfare and ensure the safety of life, health and property. The examinations shall include questions which require applicants to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. Such questions shall be developed by the department in consultation with other appropriate state agencies.
440.964(3)
(3) A candidate failing an examination given under
sub. (2) may, upon application and payment of the required reexamination fee, be examined again by the department. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the department may require a one-year waiting period before further reexamination.
440.964 History
History: 1995 a. 322.
440.965
440.965
Reciprocal registration. The department may, upon application and payment of the required fee, grant a permit to use the title "Wisconsin registered interior designer" to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of interior designers are of a standard not lower than specified in this subchapter.
440.965 History
History: 1995 a. 322.
440.966
440.966
Renewal; continuing education. 440.966(1)
(1) The renewal date and fees for a certificate of registration issued under this subchapter are specified in
s. 440.08 (2) (a).
440.966(2)
(2) A Wisconsin registered interior designer shall, at the time that he or she applies for renewal of a certificate of registration under
sub. (1), submit proof of completion of continuing education requirements established by rules promulgated by the department.
440.966 History
History: 1995 a. 322.
440.967
440.967
List of registered persons. The department shall prepare each year a list showing the names and business addresses of all persons registered as a Wisconsin registered interior designer under this subchapter. Upon request, the department shall provide a list prepared under this section to any person at cost.
440.967 History
History: 1995 a. 322.
440.968
440.968
Discipline; prohibited acts; penalties. 440.968(1)
(1) The department may reprimand a Wisconsin registered interior designer, or may limit, suspend or revoke the certificate of registration of a Wisconsin registered interior designer, who has done any of the following:
440.968(1)(a)
(a) Committed any fraud or deceit in obtaining or renewing a certificate of registration under this subchapter.
440.968(1)(b)
(b) Committed any gross negligence or misconduct, or acted in a grossly incompetent manner, in the practice of interior design as a Wisconsin registered interior designer.
440.968(1)(c)
(c) Violated this subchapter or a rule promulgated under this subchapter.
440.968(1)(d)
(d) Been convicted of a felony, subject to
ss. 111.321,
111.322 and
111.335, or been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of conviction or adjudication of incompetency to be conclusive evidence of such conviction or incompetency.
440.968(2)
(2) Any person who uses the title "Wisconsin registered interior designer" in this state and who is not registered in accordance with this subchapter, or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
