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SPS 50.310(1)(f) (f) An apprentice seeking to transfer his or her apprenticeship contract to another establishment owner shall contact the department of workforce development or the department safety and professional services for transfer procedures. An apprentice may not transfer without prior approval of the department.
SPS 50.310(1)(g) (g) Cancellation of an apprenticeship contract by the department of workforce development shall result in an automatic suspension of an apprenticeship permit.
SPS 50.310 Note Note: The Department of Workforce Development (DWD) informs the Department of Safety and Professional Services (DSPS) whenever an apprenticeship contract is cancelled, and DSPS informs DWD whenever an apprenticeship permit is suspended.
SPS 50.310(1)(h) (h) An apprentice who has failed to complete an apprenticeship within 4 years from the date of issuance of his or her initial permit may apply for reentry into the apprenticeship program. Upon its review of the applicant's apprenticeship records, the department may deny the application or issue another apprenticeship permit under specified terms and conditions. The department may allow an apprentice credit for theory and practical training actually obtained under a previous permit.
SPS 50.310(2) (2) Apprenticeship instruction and training.
SPS 50.310(2)(a) (a) Following issuance of an apprenticeship permit, an apprentice shall enroll in the first available course of theory instruction at a school of barbering and shall maintain acceptable attendance and progress in instruction and practical training. The owner or manager shall pay the apprentice for the hours of school attendance and practical training.
SPS 50.310(2)(b) (b) Schools that provide theory instruction for apprentices shall develop a curriculum based on the subjects and theory hours in Table 50.300–1.
SPS 50.310(3) (3) Practical training.
SPS 50.310(3)(a)(a) The establishment owner with whom an apprentice contracts shall employ a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of professional practice to train and supervise the apprentice. An apprentice shall only work under the supervision of a licensed barber or a licensed cosmetologist.
SPS 50.310(3)(b) (b) Each apprentice shall receive at least 1,712 hours of training and experience in the practical services of barbering to qualify for the examination as a barber. Training and experience shall include the subjects and practical hours of training shown in Table 50.310. - See PDF for table PDF
SPS 50.310 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 15-028: am. (3) (b), r. and recr. 50.310 Table Register September 2015 No. 717, eff. 10-1-15; CR 23-055: r. and recr. (3) (a) Register May 2024 No. 821, eff. 6-1-24.
SPS 50.320 SPS 50.320Transfers.
SPS 50.320(1)(1)Transfer from a school to an apprenticeship.
SPS 50.320(1)(a) (a) Any student transferring from a school to an apprenticeship program shall be granted apprenticeship credit for school hours attained, at a ratio of one student theory hour to one apprentice theory hour, and one student practical hour to one apprentice practical hour.
SPS 50.320(1)(b) (b) The department shall grant transferees to an apprenticeship program credit for calendar time spent in prior training.
SPS 50.320(2) (2) Transfer from an apprenticeship to a school. Any apprentice transferring to a school program may be granted school credit for apprenticeship hours attained. The amount of credit that is granted shall be determined by the school.
SPS 50.320(3) (3) Transfer from a cosmetology apprenticeship to a barbering apprenticeship. Any cosmetology apprentice regulated under chs. Cos 1 to 10 who transfers to a barbering apprenticeship shall be allowed to transfer all cosmetology apprenticeship hours that are related to barbering to the barbering apprenticeship, on a one-to-one basis.
SPS 50.320 Note Note: The Department of Workforce Development may grant transferees to an apprenticeship program credit for calendar time spent in prior training.
SPS 50.320 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.
SPS 50.330 SPS 50.330Examinations.
SPS 50.330(1)(1)Administration. The department may do any of the following:
SPS 50.330(1)(a) (a) Prepare, administer, or grade examinations.
SPS 50.330(1)(b) (b) Approve, in whole or in part, an examination prepared, administered, and graded by a test service provider.
SPS 50.330(2) (2) Competency testing.
SPS 50.330(2)(a)(a) The department shall determine the subject matters for each license and design the examinations to test for minimum competence in the subjects tested.
SPS 50.330(2)(b) (b) The department shall make available general information describing the competencies upon which the examination is based.
SPS 50.330(3) (3) Form of examination.
SPS 50.330(3)(a)(a) Barber. An applicant for licensure as a barber shall complete a written examination and a practical examination.
SPS 50.330(4) (4) Passing scores. The passing score of the examination for licensure as a barber shall be based on the department's determination of the level of examination performance needed for minimum competence in the profession.
SPS 50.330(5) (5) Unauthorized assistance. The department may deny a license to an applicant who gives or receives unauthorized assistance during the examination, or withhold the applicant's score, and may schedule the applicant for reexamination at a future time at the applicant's expense.
SPS 50.330(6) (6) Failure reports. Upon failure of an examination, the department or its agent shall provide the applicant with a report showing the areas where deficiencies resulted in the failure.
SPS 50.330(7) (7) Reexamination. An applicant may retake a failed written or practical examination, but only in its entirety.
SPS 50.330 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: r. (3) (b), am. (4) Register May 2024 No. 821, eff. 6-1-24; correction in (4) made under s. 35.17, Stats., Register May 2024 No. 821.
SPS 50.340 SPS 50.340Licensing.
SPS 50.340(1)(1)Direct licensing.
SPS 50.340(1)(a)(a) An applicant for licensure as a barber shall satisfy the requirements in s. 454.23 (1) and (2), Stats.
SPS 50.340 Note Note: Sections 454.23 (1) and (2) of the Statutes read as follows: “(1) Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department.
SPS 50.340 Note (2) Barber license. The department shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions:
SPS 50.340 Note (a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.27 (1).
SPS 50.340 Note(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.
SPS 50.340 Note (c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).
SPS 50.340 Note (d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.
SPS 50.340 Note (e) The applicant passes an examination conducted by the department to determine fitness to practice barbering."
SPS 50.340 Note Note: Application forms are available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.
SPS 50.340(2) (2)Reciprocity generally. Pursuant to s. 454.27, Stats., the department may grant a license to practice barbering without examination to a person from another state or territory of the United States or another country who holds a current license in the other jurisdiction to perform services that are substantially the same as those performed by a licensed barber in this state and pays the appropriate fee as indicated in s. 440.05, Stats., and if one of the following applies:
SPS 50.340(2)(a) (a) The applicant completes a one-hour department approved course on Wisconsin statutes and administrative code relating to barbering practice, has never been disciplined by the licensing authority of another jurisdiction, and is not currently a party to disciplinary proceedings in another jurisdiction.
SPS 50.340(2)(b) (b) The department has entered into a written reciprocal agreement with the licensing authority of another state, after determining that the education and services practiced are substantially equivalent to those in Wisconsin.
SPS 50.340(2m) (2m)Reciprocity for service members, former service members, and their spouses. A reciprocal barbering license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.
SPS 50.340 Note Note: Application forms are available on the department's website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 50.340(3) (3) Inactive license.
SPS 50.340(3)(a)(a) Any person who has been granted an inactive license, under s. 454.23 (6), Stats., may not receive compensation for barbering services and may not practice in a licensed barbering establishment.
SPS 50.340(3)(b) (b) Activities permitted under this subsection include purchasing supplies—or cutting hair outside an establishment, without compensation, such as for a resident in a nursing home.
SPS 50.340 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 21-056: am. (2) (title), cr. (2m) Register July 2023 No. 811, eff. 8-1-23; CR 23-055: r. (1) (b), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (intro.) made under s. 35.17, Stats., Register May 2024 No. 821.
subch. IV of ch. SPS 50 Subchapter IV — Renewals, Reinstatement, and Continuing Education
SPS 50.400 SPS 50.400License renewal. To renew a license, a licensee shall, on or before March 31st of every odd-numbered year, file with the department all of the following:
SPS 50.400(1) (1)An application for renewal on a form prescribed by the department.
SPS 50.400 Note Note: An electronic link to the renewal form is included in a renewal notice the Department sends to each licensee.
SPS 50.400(2) (2)The fee determined by the department under s. 440.03 (9) (a), Stats.
SPS 50.400(3) (3) Certification on the application for renewal that the licensee has reviewed the digest under s. 454.267, Stats.
SPS 50.400 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. (3) Register May 2024 No. 821, eff. 6-1-24.
SPS 50.401 SPS 50.401Late renewal. If the application for renewal is filed after the deadline in s. SPS 50.400 but less than 5 years after the expiration of the applicant's last license, the applicant shall comply with the certification requirements in s. SPS 50.400 (3), and pay the late renewal fee in s. 440.08 (3) (a), Stats., in addition to the renewal fee under s. SPS 50.400 (2).
SPS 50.401 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24.
SPS 50.402 SPS 50.402Renewal that includes conversion from cosmetology. Until March 31, 2015, an active cosmetologist, cosmetology manager, or cosmetology establishment licensed under chs. Cos 1 to 10 may convert to a barbering license upon request to the department and satisfaction of the applicable renewal requirements for barbering.
SPS 50.402 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822.
SPS 50.410 SPS 50.410Reinstatement of license. If an application for restoring a license occurs 5 years or more after expiration of the applicant's most recent license, the applicant shall pass the examination specified in s. SPS 50.330 (3) prior to reinstatement of the license, no certification requirements under s. SPS 50.400 (3) apply to that reinstatement, and the fees listed in s. SPS 50.401 shall be submitted to the department. However, renewal of the reinstated license is subject to the certification requirements of s. SPS 50.400 (3).
SPS 50.410 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.
SPS 50.420 SPS 50.420Continuing education. To ensure competency, the department may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.
SPS 50.420 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: r. and recr. Register May 2024 No. 821, eff. 6-1-24.
subch. V of ch. SPS 50 Subchapter V — Forfeitures
SPS 50.500 SPS 50.500Scope.
SPS 50.500(1)(1)The citation procedures in this subchapter may be used in an action to recover a forfeiture under s. 454.29 (3), Stats.
SPS 50.500 Note Note: The forfeitures under section 454.29 of the Statutes may be assessed against any license holder or applicant who has committed any of the offenses listed in the section, and can be up to $1,000 for each separate offense. Each day of continued violation is a separate offense.
SPS 50.500(2) (2)The citation form provided under this subchapter may serve as the initial pleading for a disciplinary action and is adequate process to give the department jurisdiction over the credential holder, if the citation is served upon the credential holder.
SPS 50.500 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.510 SPS 50.510Citation for administrative forfeiture. A citation under this subchapter shall be issued by one of the department's investigators and shall contain substantially all of the following information:
SPS 50.510(1) (1)The name, address, and credential number of the credential holder.
SPS 50.510(2) (2)The name and signature of the individual issuing the citation.
SPS 50.510(3) (3)A description of the violation alleged, the time and place of its occurrence, a statement that the respondent committed the violation, and the statute or administrative code provision violated.
SPS 50.510(4) (4)Notice that the credential holder may submit a response contesting the citation and requesting a hearing. The notice shall include the date and address for the timely submission of a request, and shall state that the request for a hearing must be in writing.
SPS 50.510(5) (5)The forfeiture assessment requested by the department.
SPS 50.510(6) (6)A summary of the citation procedure, including the provisions for deposit and stipulation in lieu of an appearance before an administrative law judge or the department.
SPS 50.510 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.520 SPS 50.520Service. Service of a citation under this subchapter may be accomplished by mailing a copy of the citation to the credential holder at the last known address of the credential holder or by any procedure described in s. 801.14 (2), Stats.
SPS 50.520 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.530 SPS 50.530Effect of payment. The credential holder may deposit the amount of forfeiture identified in the citation by mailing the deposit and a copy of the citation to the division. Payment shall be treated as a plea of no contest and submission to an order of forfeiture, not to exceed the amount of the deposit.
SPS 50.530 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.540 SPS 50.540Request for hearing.
SPS 50.540(1)(1)Within 20 calendar days of the date of service of the citation, the licensee may enter a plea contesting the violation cited and request a hearing on the alleged violation cited.
SPS 50.540(2) (2)A plea contesting a violation and requesting a hearing shall be in writing and submitted to the division. The submission shall include a statement of the specific reasons why the licensee believes the forfeiture assessment and the grounds for assessment should be reviewed.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.