440.475(2)
(2) In addition to or in lieu of a reprimand or a denial, limitation, suspension or revocation of a certificate under
sub. (1), the department may assess against any person who violates this subchapter or the rules promulgated under this subchapter a forfeiture of not less than $100 nor more than $1,000 for each violation.
440.475 History
History: 1991 a. 278.
440.48
440.48
Penalties and enforcement. 440.48(1)(a)
(a) The department of justice may bring an action to prosecute a violation of this subchapter or the rules promulgated under this subchapter, including an action for temporary or permanent injunction.
440.48(1)(b)
(b) Upon finding that a person has violated this subchapter or the rules promulgated under this subchapter, the court may make any necessary order or judgment, including but not limited to injunctions, restitution and, notwithstanding
s. 814.04, award of reasonable attorney fees and costs of investigation and litigation, and, except as provided in
par. (c), may impose a forfeiture of not less than $100 nor more than $10,000 for each violation.
440.48(1)(c)1.1. A person who violates
s. 440.47 (4) (b) may be required to forfeit not more than $5,000, unless the person establishes reasonable cause for the violation.
440.48(1)(c)2.
2. A person who, with intent to avoid, prevent or interfere with a civil investigation under this subsection, does any of the following may be required to forfeit not more than $5,000:
440.48(1)(c)2.a.
a. Alters or by any other means falsifies, removes from any place, conceals, withholds, destroys or mutilates any documentary material in the possession, custody or control of a person subject to notice of the taking of testimony or examination of documents under
s. 440.47 (4).
440.48(1)(d)
(d) A charitable organization, fund-raising counsel, professional fund-raiser, commercial coventurer or any other person who violates the terms of an injunction or other order entered under this subsection may be required to forfeit, in addition to all other remedies, not less than $1,000 nor more than $10,000 for each violation. The department of justice may recover the forfeiture in a civil action. Each separate violation of an order entered under this subsection is a separate offense, except that each day of a violation through continuing failure to obey an order is a separate offense.
440.48(1)(e)
(e) No charitable organization may indemnify an officer, employee or director for any costs, fees, restitution or forfeitures assessed against that individual by the court under
par. (b),
(c) or
(d) unless the court determines that the individual acted in good faith and reasonably believed the conduct was in or not opposed to the best interests of the charitable organization.
440.48(2)
(2) The department or the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this subchapter or the rules promulgated under this subchapter from the person who has engaged in the act or practice. The assurance may, among other terms, include a stipulation for the voluntary payment by the person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons, or both. The department or department of justice may at any time reopen a matter in which an assurance of discontinuance is accepted for further proceedings if the department or department of justice determines that reopening the matter is in the public interest.
440.48 History
History: 1991 a. 278.
PEDDLERS
440.51
440.51
Statewide peddler's licenses for ex-soldiers. Any ex-soldier of the United States in any war, who has a 25% disability or more or has a cardiac disability recognized by the U.S. department of veterans affairs, and any person disabled to the extent of the loss of one arm or one leg or more or who has been declared blind as defined under Title XVI of the social security act, shall, upon presenting the department proof of these conditions, be granted a special statewide peddler's license without payment of any fee. The person must have been a bona fide resident of this state for at least 5 years preceding the application. While engaged in such business the person shall physically carry the license and the proof required for its issuance. A blind person shall also carry an identification photograph which is not more than 3 years old. A license issued under this section shall not entitle a blind person to peddle for hire for another person. A license issued under this section is permanent unless suspended or revoked by the department.
BARBERING AND COSMETOLOGY SCHOOLS
440.60
440.60
Definitions. As used in this subchapter unless the context requires otherwise:
440.60(13)
(13) "Practical instruction" means training through action or direct contact with a patron or model other than a mannequin.
440.60(14)
(14) "School" means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring.
440.60(15)
(15) "Specialty school" means an establishment that offers instruction in aesthetics, electrology or manicuring.
440.60(17)
(17) "Theoretical instruction" means training through the study of principles and methods.
440.60 History
History: 1987 a. 265;
2011 a. 190.
440.61
440.61
Applicability. This subchapter does not apply to any of the following:
440.61(1)
(1) Schools regulated or approved by the technical college system board.
440.61(2)
(2) Schools operated by the department of health services or the department of corrections.
440.62
440.62
School and specialty school licensure. 440.62(1)(a)(a) No person may operate a school unless the school holds a current license as a school of barbering, cosmetology, aesthetics, electrology, or manicuring, as appropriate, issued by the department.
440.62(1)(b)
(b) No person may operate a specialty school unless the specialty school holds a current license as a specialty school of aesthetics, electrology or manicuring issued by the department.
440.62(1)(c)
(c) No school may use the title "school of barbering" or any similar title unless the school holds a current school of barbering license issued by the department.
440.62(1)(cm)
(cm) No school may use the title "school of cosmetology" or any similar title unless the school holds a current school of cosmetology license issued by the department.
440.62(1)(d)
(d) No school may use the title "school of aesthetics" or any similar title unless the school holds a current school of aesthetics license issued by the department.
440.62(1)(e)
(e) No school may use the title "school of electrology" or any similar title unless the school holds a current school of electrology license issued by the department.
440.62(1)(f)
(f) No school may use the title "school of manicuring" or any similar title unless the school holds a current school of manicuring license issued by the department.
440.62(1)(g)
(g) No specialty school may use the title "specialty school of aesthetics" or any similar title unless the specialty school holds a current specialty school of aesthetics license issued by the department.
440.62(1)(h)
(h) No specialty school may use the title "specialty school of electrology" or any similar title unless the specialty school holds a current specialty school of electrology license issued by the department.
440.62(1)(i)
(i) No specialty school may use the title "specialty school of manicuring" or any similar title unless the specialty school holds a current specialty school of manicuring license issued by the department.
440.62(2)
(2) Applications; license period; change of ownership. 440.62(2)(a)(a) An application for initial licensure or renewal or reinstatement of a license under this section shall be submitted to the department on a form provided by the department and shall be accompanied by the applicable fee determined by the department under
s. 440.03 (9) (a). Each application shall be accompanied by a surety bond acceptable to the department in the minimum sum of $25,000 for each location.
440.62(2)(b)
(b) The department may require additional information to be submitted to accompany or supplement an application if the department determines that the information is necessary to evaluate whether the school or specialty school meets the requirements in this subchapter.
440.62(2)(c)
(c) The department may require a school or specialty school to submit with an application a current balance sheet and income statement audited and certified by an independent auditor or certified public accountant. If the department receives a request to inspect a balance sheet, income statement or audit report, the department shall, before permitting an inspection, require the person requesting inspection to provide his or her full name and, if the person is representing another person, the full name and address of that person. Within 48 hours after permitting an inspection, the department shall mail to the person who submitted the balance sheet, income statement or audit report a notification that states the full name and address of the person who inspected the document and the full name and address of any person represented by the person who inspected the document. This paragraph does not apply to inspection requests made by state or federal officers, agents or employees which are necessary to the discharge of the duties of their respective offices.
440.62(2)(d)
(d) Any change of ownership shall be reported to the department by the new owner within 5 days after the change of ownership. A change of ownership shall be submitted to the department on a form provided by the department and shall be accompanied by the change of ownership fee specified by the department by rule.
440.62(2)(e)
(e) The department shall promulgate rules establishing the requirements for surety bonds under
par. (a).
440.62(3)(ag)(ag)
School of barbering. The department shall issue a school of barbering license to each school that meets all of the following requirements:
440.62(3)(ag)2.
2. Requires as a prerequisite to graduation completion of a course of instruction in barbering of at least 1,000 training hours in not less than 10 months. The course of instruction may not exceed 8 training hours in any one day for any student or 48 hours in any one week for any student.
440.62(3)(ag)3.
3. If the school offers a course of theoretical instruction for barbering managers, requires as a prerequisite to completion of that course of instruction the completion of at least 150 training hours of theoretical instruction.
440.62(3)(ag)4.
4. If the school offers a course of theoretical instruction for apprentices under
s. 454.26, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.
440.62(3)(ar)
(ar)
School of cosmetology license. The department shall issue a school of cosmetology license to each school that meets all of the following requirements:
440.62(3)(ar)2.
2. Requires as a prerequisite to graduation completion of a course of instruction in cosmetology of at least 1,800 training hours in not less than 10 months. The course of instruction may not exceed 8 training hours in any one day for any student or 48 hours in any one week for any student.
440.62(3)(ar)3.
3. If the school offers a course of theoretical instruction for cosmetology managers, requires as a prerequisite to completion of that course of instruction the completion of at least 150 training hours of theoretical instruction.
440.62(3)(ar)4.
4. If the school offers a course of theoretical instruction for apprentices under
s. 454.10, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.
440.62(3)(ar)4m.
4m. If the school offers a course of instruction in barbering, the course of instruction satisfies the requirements under
par. (ag) 2.
440.62(3)(ar)5.
5. If the school offers a course of instruction in aesthetics, the course of instruction satisfies the requirements under
par. (b) 2.
440.62(3)(ar)6.
6. If the school offers a course of instruction in electrology, the course of instruction satisfies the requirements under
par. (c) 2.
440.62(3)(ar)7.
7. If the school offers a course of instruction in manicuring, the course of instruction satisfies the requirements under
par. (d) 2.
440.62(3)(b)
(b)
School of aesthetics license. The department shall issue a school of aesthetics license to each school that meets the following requirements:
440.62(3)(b)2.
2. Requires as a prerequisite to graduation completion of a course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks.
440.62(3)(c)
(c)
School of electrology license. The department shall issue a school of electrology license to each school that meets the following requirements:
440.62(3)(c)2.
2. Requires as a prerequisite to graduation completion of a course of instruction in electrology of at least 450 training hours in not less than 11 weeks and not more than 30 weeks.
