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.
440.947
440.947
Disclosures and representations for certain sales. 440.947(1)(a)
(a) "Cash advance item" means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. "Cash advance item" includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates.
440.947(1)(b)
(b) "Direct cremation service" means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present.
440.947(1)(d)
(d) "Person" does not include a person issued a funeral director's license under
ch. 445 or an operator of a funeral establishment, as defined in
s. 445.01 (7).
440.947(2)
(2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following:
440.947(2)(a)
(a) The name, address and telephone number of the person's place of business.
440.947(2)(c)
(c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale.
440.947(2)(d)
(d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: "State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements."
440.947(2)(e)
(e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: "If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation]."
440.947(2)(f)
(f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.
440.947(2)(g)
(g) The amount and a description of any basic service fee that is charged in addition to any price described under
pars. (c),
(e) or
(f).
440.947(3)
(3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following:
440.947(3)(a)
(a) The price and a description of the casket, outer burial container or cemetery merchandise.
440.947(3)(b)
(b) The price and a description of any service specified in
sub. (2) (e) or
(f) that is sold in addition to the casket, outer burial container or cemetery merchandise.
440.947(3)(c)
(c) The amount and a description of any basic service fee that is charged in addition to any price described under
par. (a) or
(b).
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
Subch. IX of ch. 440 Cross-reference
Cross Reference: See also ch.
RL 130, Wis. adm. code.
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.
440.962 Cross-reference
Cross Reference: See also ch.
RL 130, Wis. adm. code.
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.
