45.50(1)(b)
(b) In the event of any dispute arising under
par. (a), the matter shall be referred to the department of workforce development for determination except as the matters pertain to any classified employee of the state, in which case the matter shall be referred to the director of personnel. Orders and determinations of the department of workforce development under this section may be reviewed in the manner provided in
ch. 227.
45.50(2)
(2) The service of any person who is or was restored to a position in accordance with
sub. (1) shall be deemed not to be interrupted by the absence, except for the receipt of pay or other compensation for the period of the absence and he or she shall be entitled to participate in insurance, pensions, retirement plans or other benefits offered by the employer under established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person entered or was enlisted, inducted or ordered into the forces and service, and shall not be discharged from the position without cause within one year after restoration; and the discharge is subject to all federal or state law affecting any municipal or private employment; and subject to the provisions of contracts that may exist between employer and employee. Each county, town, city or village shall contribute or pay from September 16, 1940, all contributions of the employer to the applicable and existent pension, annuity or retirement system as though the service of the employee had not been interrupted by military service.
45.50(3)
(3) If an employer fails or refuses to comply with
subs. (1) and
(2), a person entitled to the benefits under
subs. (1) and
(2) may petition a court to require the employer to comply with those subsections. Upon the filing of the petition and on reasonable notice to the employer, the court may require the employer to comply with those subsections and to compensate the person for any loss of wages or benefits suffered by reason of the employer's unlawful action. The court shall order a speedy hearing and shall advance the case on the calendar. No fees or court costs shall be taxed against a person applying for these benefits. The action or proceeding commenced under this subsection against a private employer, and the trial or hearing thereof, shall be in any county in which the employment took place or in which the private employer maintains a place of business, and in all other cases shall be as provided in
s. 801.50. No person who is appointed in the service of the state or of any county, city, village or town to fill the place of a person entering the federal armed forces shall acquire permanent tenure during the period of replacement service.
45.50(4)
(4) Any individual or employer aggrieved by the decision of the court provided in
sub. (3) may appeal in accordance with the provisions of appealable orders referred to in
chs. 808 and
809; and the employee need not file an appeal bond for the security for costs on said appeal.
45.50(5)
(5) The restoration of classified employees of the state shall be governed by
s. 230.32. The restoration of unclassified state employees shall be governed by this section.
45.51
45.51
Employees or officers in military service. 45.51(1)(1) The governing body of any county, town, city, village, school district, or technical college district may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of military service of not more than 4 years unless such employee is involuntarily retained for a longer period. No salary or compensation of such employee or officer shall be paid, nor claim therefor exist during such leave of absence, except as provided in this subsection. If the employee's or officer's salary or compensation is less in the U.S. armed forces than was paid by the county, town, city, village, school district, or technical college district, that governmental unit may pay the employee or officer the difference between the salary or compensation paid by the armed forces and the salary or compensation that the employee or officer was paid by the county, town, city, village, school district, or technical college district at the time that he or she enlisted in or was inducted into the U.S. armed forces.
45.51(2)
(2) The governing body may provide for safeguarding the reinstatement and pension rights, as herein limited, of any employee or officer so inducted or enlisted.
45.51(3)
(3) No employee or officer who is appointed to fill the place of any employee or officer so inducted or enlisted shall acquire permanent tenure during such period of replacement service.
45.51(4)
(4) If the leave of absence under
sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun federal service, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body. Within 40 days after the termination of the federal service, the elected or appointed official or employee, upon filing with the clerk a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall thereupon cease to hold the office.
45.51(6)
(6) In cities of the 3rd class with a commission plan of government, in case of temporary or permanent vacancies in the office of mayor, the vice mayor shall temporarily succeed to the office of mayor for the balance of the unexpired term for which the mayor was elected unless sooner terminated as provided in
s. 17.035 (3). The temporary or permanent vacancy thereby created in the office of council member may thereupon be filled as provided in this section. The term of the person appointed temporarily to the office of council member shall not extend beyond the expiration of the term of the office vacated and the temporary term shall be vacated sooner as provided for in
s. 17.035 (3).
45.52
45.52
Physical disability does not disqualify for public employment. A veteran who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county, or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.
45.53
45.53
Soldiers' and sailors' civil relief act; federal service. 45.53(1)(1) In this section, unless the context indicates otherwise:
45.53(1)(a)
(a) "Interest and penalties" mean interest and penalties accruing on taxes during the period of military service and 6 months thereafter. In case property is owned jointly by several owners, other than property held jointly or as marital property with the spouse of the person in military service, interest and penalties shall mean the proportionate share of the total interest and penalties commensurate with the equity in the property of such person in military service.
45.53(1)(b)
(b) "Persons in military service" means any man or woman who is or was serving on active duty in the U.S. armed forces.
45.53(1)(c)
(c) "Property" shall mean any real estate or personal property belonging to a person in military service provided that such property was acquired prior to the commencement of military service except in cases where such property was acquired by descent in which case the proviso shall not apply.
45.53(1)(d)
(d) "Taxes" shall mean any general taxes or special assessments or tax certificates evidencing such taxes and assessments not belonging to private buyers.
45.53(2)
(2) In order to supplement and complement the provisions of the soldiers' and sailors' civil relief act of 1940 and all amendments thereof, so as to afford and obtain greater peace and security for persons in military service, the enforcement of certain tax obligations or liabilities which may prejudice the property rights of persons in military service, for the period herein set forth may be temporarily suspended as hereinafter provided.
45.53(3)
(3) Any person while in the military service of the United States or within 6 months after terminating service, or the person's agent or attorney during that period, may petition a court of record in any county in which the person owns property for relief under this section. Upon filing of the petition the court shall make an order fixing the time of hearing and requiring the giving of notice of the hearing. If after hearing the court shall find that the person is, or within 6 months next preceding the filing of the petition was, in the military service of the United States and owns property within the county on which taxes have fallen or will fall due, and that the person's ability to pay the taxes has been materially adversely affected by reason of being in military service, the court shall enter an order determining that the person is entitled to relief under this section. When an order so determines, the court may further suspend proceedings for the collection of taxes on the property for a period not exceeding 6 months after termination of the military service of the person, or for the time reasonably necessary to complete the agreement provided in
sub. (7). Thereafter, the property shall not be included in tax certificates issued to enforce collection of taxes on property, and all proceedings for that purpose shall be suspended, except under terms that the court in the order may direct.
45.53(4)
(4) Whenever any tax or assessment on real property, including all special assessments, is not paid when due, any interest or penalty under
s. 74.47 and the maximum limitation of 6% per year as provided by the soldiers' and sailors' civil relief act shall be waived for the purpose and upon the conditions specified in this section.
45.53(5)
(5) The penalties and interest which shall be waived pursuant to this section are those for nonpayment of all taxes or assessments, general or special, falling due during the period of military service of any person against either real or personal property of which the person is the bona fide owner or in which the person has a beneficial interest.
45.53(6)
(6) The person owning or having an interest in any property in respect to which the order under
sub. (3) is made, or the person's agent or attorney, may file with the county treasurer or with the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes as to such taxes and assessments a certified copy of the order of suspension together with an affidavit in triplicate, sworn to by the person or agent or attorney setting forth the name of the owner, the legal description of the property, the type of property, when acquired, volume and page number where the deed was recorded if acquired by deed and the name of the estate if acquired by descent, amount of delinquent taxes if any, and the names of the holders of any outstanding mortgage, lien or other encumbrance. Upon such filing the county treasurer or city treasurer shall record the order in the office of the register of deeds of the county and file a copy in the office of the treasurer, who shall make proper notation that a person in military service is the holder of the legal title and has made application for special relief, and an additional copy shall be immediately forwarded to the office of the clerk of the town, city or village where the property is located, or if it is located in a city authorized to sell lands for nonpayment of its taxes to the commissioner of assessments, who shall make an appropriate notation in the records.
45.53(7)
(7) Any person seeking relief under this section, within 6 months after termination of military service, or the person's agent or attorney, or in case of death of such person, the personal representative, surviving spouse or heir at law, may apply to the county treasurer of the county, or the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes, as the case may be, wherein such property is located for an agreement for scheduled installment payments, covering the taxes accrued during such person's period of military service, provided that such taxes will be paid over a period of time equal to a period no longer than twice the length of military service of such person, in equal periodic installments of not less than $10, and subject to such other terms as may be just and reasonable.
45.53(8)
(8) In the event default is made by the applicant in the performance of any of the provisions of such agreement, such treasurer, as the case may be, shall forthwith notify the applicant of such default and the amount and date due, by written notice either served personally or by registered mail with return receipt demanded to the address set forth in such application. If such defaulted payment is not fully made within 10 days after service of such notice, then such treasurer without further notice may declare that the entire amount of such tax subject to the scheduled installments shall be immediately due and payable and that such agreement is fully rescinded and terminated. Thereupon the county treasurer shall notify the register of deeds and the town, city or village treasurer thereof, or if the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes the latter shall notify the register of deeds and the county treasurer and such officers and shall make appropriate notations thereof on their records. Thereafter, the county treasurer or city treasurer as to taxes of cities authorized by law to sell land for the nonpayment of taxes, may without further order of the court enforce the collection of such tax or assessment and sell such tax certificates together with such penalties and interest as may have accrued thereon from the date of default of such scheduled installment payment.
45.54
45.54
Educational approval board. 45.54(1)
(1)
Definitions. In this section unless the context clearly requires otherwise:
45.54(1)(a)
(a) "Board" means the educational approval board.
45.54(1)(b)
(b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or which covers a specified amount of related subject matter.
45.54(1)(c)
(c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.
45.54(1)(d)
(d) "Person" means any individual, partnership, association, corporation or limited liability company, or any combination thereof.
45.54(1)(e)
(e) "School" means any private trade, correspondence, business or technical school, but does not include any of the following:
45.54(1)(e)1.
1. In-state schools that are exempt from taxation under section
501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.
45.54(1)(e)3.
3. Schools of a parochial or denominational character offering courses having a sectarian objective.
45.54(1)(e)4.
4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
45.54(1)(e)5.
5. Courses conducted by employers exclusively for their employees.
45.54(1)(e)6.
6. Schools, courses of instruction and training programs which are approved or licensed and supervised by other state agencies and boards.
45.54(1)(e)7.
7. Schools approved by the department of public instruction for the training of teachers.
45.54(1)(e)8.
8. Schools accredited by accrediting agencies recognized by the board.
45.54(1)(f)
(f) "Solicitor" means a person employed by or representing a school located either within or outside this state who, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in such school.
45.54(1)(g)
(g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board under this section.
45.54(2)
(2) Purpose. The purpose of the board is to protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state whether located within or outside this state, changes of ownership or control of these schools, teaching locations used by these schools, and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.
45.54(3)
(3) Rule-making power. The board shall promulgate rules and establish standards necessary to carry out the purpose of this section.
45.54(5)
(5) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department.
45.54(7)
(7) Approval of schools generally. In order to protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction and encourage schools to maintain courses and courses of instruction consistent in quality, content and length with generally accepted educational standards, the board shall:
45.54(7)(a)
(a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for such courses of instruction.
45.54(7)(b)
(b) Investigate the adequacy of schools' facilities, equipment, instructional materials and instructional programs and establish minimum standards therefor.
45.54(7)(c)
(c) Establish rules, standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
45.54(7)(d)
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
45.54(7)(e)
(e) Establish minimum standards for refund of the unused portion of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued therefrom.
45.54(7)(f)
(f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.
45.54(7)(g)
(g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the board and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.
45.54(7)(h)
(h) Issue permits to solicitors when all board requirements have been met.
45.54(7)(i)
(i) Require schools to furnish a surety bond in an amount as provided by rule of the board.
45.54(8)(a)(a)
In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students therefor in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.
45.54(8)(b)
(b)
Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to faithfully perform the agreement made with the student by the solicitor, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under
sub. (7) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered thereby shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the same upon giving 30 days' notice in writing to the board and thereafter shall be relieved of liability under this paragraph for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.
45.54(8)(c)
(c)
Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
45.54(8)(c)1.
1. Willful violation of this subsection or any rule promulgated by the board under this section;
45.54(8)(c)2.
2. Furnishing false, misleading or incomplete information to the board;
45.54(8)(c)3.
3. Presenting information to prospective students relating to the school, a course or course of instruction which is false, fraudulent or misleading;
45.54(8)(c)4.
4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board;
45.54(8)(c)5.
5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board pursuant to
sub. (7);
45.54(8)(d)
(d)
Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
45.54(8)(e)
(e)
Request for appearance. Within 20 days of the receipt of notice of the board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time and place.
45.54(8)(f)
(f)
Recovery by students. The bond in force under
par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.
45.54(8)(g)
(g)
Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.
45.54(8)(h)
(h)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection.
45.54(8)(i)
(i)
Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.
45.54(10)(a)(a)
Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed and such other information as the board deems necessary.
45.54(10)(b)
(b)
Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction which has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under
par. (c), and such other information as the board deems necessary to evaluate the school in carrying out the purpose of this section.
45.54(10)(c)
(c)
Fees; rule making. The board shall promulgate rules to establish fees. In promulgating rules to establish fees, the board shall:
45.54(10)(c)1.
1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection.
45.54(10)(c)2.
2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.
45.54(10)(d)
(d)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection, including but not limited to bringing an action to restrain by temporary or permanent injunction any violation of
par. (a).
45.54(10)(e)
(e)
Penalties. Any person who violates
par. (a) may be required to forfeit not more than $500. Each day of operation in violation of
par. (a) constitutes a separate offense.
45.54(10)(f)
(f)
Other remedies. In addition to any other remedies provided by law, a student who attends a school which is in violation of
par. (a) may bring a civil action to recover fees paid to the school in violation of
par. (a) together with costs and disbursements, including reasonable attorney fees.
45.54 History
History: 1971 c. 125 ss.
249,
448;
1971 c. 211 s.
51;
1973 c. 12,
90;
1975 c. 39,
224,
422;
1981 c. 380;
1981 c. 391 s.
211;
1983 a. 27,
189,
485;
1985 a. 156;
1985 a. 332 s.
251 (3), (6);
1987 a. 27;
1989 a. 31,
56,
359;
1991 a. 39,
316;
1993 a. 61,
112,
399;
1995 a. 27 ss.
1815 to
1840,
9130 (4),
9145 (1);
1997 a. 3;
1997 a. 27 ss.
1196 to
1211,
1313 to
1315; Stats. 1997 s. 39.51;
1999 a. 9 ss.
921m to
929m; Stats. 1999 s. 45.54;
1999 a. 185 s.
36;
2001 a. 16,
103.
45.54 Cross-reference
Cross Reference: See also
EAB, Wis. adm. code.
