440.947(3)(d)
(d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase.
440.947(3)(e)
(e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer.
440.947(4)
(4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following:
440.947(4)(a)
(a) Provide inaccurate information regarding the information specified in
sub. (2) (c),
(e),
(f) or
(g) to a prospective buyer who contacts the person by telephone.
440.947(4)(b)
(b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service.
440.947(4)(c)
(c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise.
440.947(4)(d)
(d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time.
440.947(4)(e)
(e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party.
440.947(4)(f)
(f) Alter a price specified in
sub. (2) (c),
(e),
(f) or
(g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer.
440.947(5)
(5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in
sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under
sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department upon request.
440.947 History
History: 1999 a. 9.
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
440.947 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;
1999 a. 9.
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, employees 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.
440.968(3)
(3) Any person may allege to the department that he or she believes a person registered under this subchapter has committed an act for which a reprimand or limitation, suspension or revocation of registration is authorized under
sub. (1). Such allegations shall be in writing, and shall be sworn to by the person making them and shall be submitted to the department. The department may, on its own motion, make such charges.
440.968(4)
(4) The department may reissue a certificate of registration to any person whose certificate has been revoked under
sub. (1) if the person satisfies requirements for reissuance established by the department. The department may issue a new certificate of registration to replace any certificate revoked, lost, destroyed or mutilated, subject to the rules of the department and the payment of the required fee.
440.968 History
History: 1995 a. 322.
440.969
440.969
Change of name. No person who is registered as a Wisconsin registered interior designer under this subchapter may practice interior design in this state under any other given name or any other surname than that under which the person was originally registered to use a title in this or any other state if the department, after a hearing, finds that using a title under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. This section does not apply to a change of name resulting from marriage or divorce.
440.969 History
History: 1995 a. 322.
HOME INSPECTORS
440.97
440.97
Definitions. In this subchapter:
440.97(1)
(1) "Client" means a person who contracts with a home inspector for a home inspection.
440.97(2)
(2) "Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
440.97(3)
(3) "Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
440.97(4)
(4) "Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
440.97(5)
(5) "Home inspection report" means a written opinion of a home inspector concerning all of the following:
440.97(5)(a)
(a) The condition of the improvements to residential real property that contains not more than 4 dwelling units.
440.97(5)(b)
(b) The condition of mechanical and structural components of the improvements specified in
par. (a).
