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.
VETERAN'S HOUSING LOAN PROGRAM
Subch. II of ch. 45 Cross-reference
Cross Reference: See also ch.
VA 4, Wis. adm. code.
45.70(1)(1)
Legislative findings. It is determined that veterans, who have sacrificed in the service of their country, valuable years of their lives and considerable earning potential, constitute a readily identifiable and particularly deserving segment of this state's population. It is further determined that by making additional housing funds available to eligible veterans limited private home loan funds available will be more readily available to all. It is further determined that the loan programs established under this subchapter are special purpose credit programs for an economically disadvantaged class of persons for the purposes of the federal equal credit opportunity act (
15 USC 1691-1691f).
45.70(2)
(2) Legislative intent. This subchapter is created principally to enable the state and the authority to exercise their borrowing power to increase those funds available for loans providing for the purchase or construction of private housing, without requiring downpayments beyond the reach of families of modest means. It is the intent of the legislature that the department in its administration of this subchapter avoid the duplication of those administrative services available through private lending institutions, utilizing the administrative services of such institutions to the maximum extent consistent with the purposes of this subchapter.
45.71
45.71
Definitions. In this subchapter:
45.71(1)
(1) "Anticipated annual shelter payment" means the total annual payments anticipated for the following, as determined by the department or authorized lender on the basis of the loan applied for under
s. 45.79:
45.71(1)(a)
(a) Real estate taxes on the premises to be mortgaged.
45.71(1)(c)
(c) Required payments on principal and interest on all mortgages placed or to be placed against the home of an eligible person.
45.71(1m)
(1m) "Authority" means the Wisconsin Housing and Economic Development Authority.
45.71(3)(d)
(d) Other costs authorized by the department.
45.71(5)(a)
(a) The spouse of a veteran who resides with the veteran; and
45.71(5)(b)
(b) Any person who resides with a veteran and is dependent upon the veteran for more than one-half of the person's support.
45.71(6)
(6) "Eligible person" means any veteran qualified under
s. 45.74 to receive a loan under this subchapter.
45.71(7)
(7) "Funds" include cash on hand and liquid investments. The funds of a veteran include all funds owned by the veteran and spouse, individually or jointly, unless the veteran and spouse are permanently separated.
45.71(7m)
(7m) "Guaranteed loan" means a loan guaranteed by the U.S. department of veterans affairs under
38 USC 1801 to
1827.
45.71(8)
(8) "Home" means a building or portion thereof used as the veteran's principal place of residence, and includes condominiums and income-producing property, a portion of which is so occupied by the veteran, and the land, including existing improvements, appertaining to such a building.
45.71(9)
(9) "Income" means the amount of adjusted gross income a veteran is receiving for regular work together with any income from other sources that may reasonably be expected to be regular and dependable.
45.71(10)
(10) "Insurer" means any insurer authorized to do business in this state.
45.71(12)
(12) "Manufactured home" means a structure, as defined by the Federal Home Loan Mortgage Corporation which:
45.71(12)(a)
(a) Is used as the veteran's principal place of residence; and
45.71(13)(a)
(a) Required payments on principal and interest.
45.71(13)(c)
(c) One-twelfth of annual real estate taxes on the mortgaged property.
45.71(14)
(14) "Qualified purpose" means any purpose authorized under
s. 45.76.
45.71(16)(a)(a) "Veteran" means any person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, except service on active duty for training purposes, and who meets the following conditions:
45.71(16)(a)1m.a.
a. Is entitled to receive the armed forces expeditionary medal, established by
executive order 10977 on December 4, 1961, the Vietnam service medal established by
executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal.
45.71(16)(a)1m.b.
b. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34.
45.71(16)(a)1m.c.
c. Has served for 90 days or more during a war period or under section 1 of
executive order 10957, dated August 10, 1961, except service on active duty for training purposes, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service-connected or died in service.
45.71(16)(a)1m.d.
d. Has served on active duty for more than 6 months during the period between February 1, 1955, and August 4, 1964, and was honorably discharged.
45.71(16)(a)1m.e.
e. Has served on active duty in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.
45.71(16)(a)2m.
2m. The person is either a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:
45.71(16)(a)2m.a.
a. Has been a resident of this state for any consecutive 12-month period after enlistment or induction into service and before the date of his or her application or death. If a person applying for a benefit under this subchapter meets the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets that residency requirement when he or she applies for any other benefit under this chapter that requires that residency.
45.71(16)(a)2m.b.
b. Was a resident of this state at the time of enlistment or induction into service.
45.71(16)(af)
(af) If the person had more than one qualifying term of service under
par. (a) 1m., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge.
45.71(16)(aj)
(aj) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for a loan under this chapter.
45.71(16)(b)
(b) An unremarried spouse of a deceased veteran shall be considered a veteran under this subchapter.
45.71(16)(c)
(c) A minor or dependent child of a deceased veteran shall be considered a veteran under this subchapter.
45.71 History
History: 1973 c. 208,
333;
1975 c. 26,
199;
1977 c. 4;
1979 c. 102,
155,
221;
1983 a. 81 s.
11;
1983 a. 83 s.
20;
1983 a. 430;
1985 a. 29;
1987 a. 399;
1989 a. 31,
56;
1991 a. 2,
39,
165,
189;
1993 a. 16,
254;
1995 a. 255;
1997 a. 27,
39;
1999 a. 9,
63;
2001 a. 16,
22,
103,
104.
45.72
45.72
Powers of the department. In respect to loans made by and mortgages and mortgage notes executed or properties mortgaged to the department or to authorized lenders under this subchapter or s.
45.352, 1971 stats., the department may:
45.72(1)
(1) Execute necessary instruments.
45.72(2)
(2) Collect interest and principal.
45.72(3)
(3) Compromise indebtedness due on mortgage notes.
45.72(5)
(5) Exercise the rights of a mortgagee generally including but not limited to, the right to:
45.72(5)(a)
(a) Acquire or take possession of such mortgaged property and in so doing the department may accept voluntary surrender and conveyance of title to such property in full satisfaction of a mortgage debt or may bid for and purchase such property at a sheriff's sale or replevin such property.
45.72(5)(b)
(b) Commit itself to execute and execute subordination agreements, partial releases and other necessary instruments.
45.72(5)(c)
(c) Set up and follow procedures to assure proper disbursement of the proceeds of insurance checks, share drafts or other drafts covering damages sustained on mortgaged properties.
45.72(5)(d)
(d) Pay the principal and interest on any obligations incurred in connection with such mortgages on such property including real estate taxes, insurance premiums, attorney fees and obligations created as a result of its exercise of powers vested in it under this subchapter.
45.72(5)(e)
(e) Exercise such other powers as may be necessary for the efficient administration of this subchapter.
45.72(6)
(6) In contracts entered into pursuant to
s. 45.79 (5) (a) 1., empower authorized lenders to exercise any of the powers vested in the department under this subchapter.
45.72(7)
(7) Manage, operate, lease, exchange, sell and otherwise convey real property.
45.72(8)
(8) Grant easements in any real property acquired by the department.
45.72(9)
(9) Upon application by the mortgagor and agreement in writing executed by the parties:
