Chapter SPS 65

SPS 65.06 SPS 65.06 Instructor’s competency tested.

SPS 65.06(1) (1) Examinations shall test entry level competency to practice as an instructor.

SPS 65.06(2) (2) The department shall furnish to individuals upon request general information describing the competencies upon which the examination is based.

SPS 65.06 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.07 SPS 65.07 Form of examination. An applicant for a certificate as an instructor shall pass a practical examination of the applicant’s competency to instruct students in a school of barbering or cosmetology, or in a school or specialty school of aesthetics, manicuring, and electrology.

SPS 65.07 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; EmR1302: emerg. am., eff. 2-14-13; CR 13-026: am. Register October 2013 No. 694, eff. 11-1-13.

SPS 65.08 SPS 65.08 Passing scores. An applicant for a certificate as an instructor who achieves a score of no less than 75 on the practical examination shall receive a license.

SPS 65.08 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.09 SPS 65.09 Unauthorized assistance. The department may withhold the score of an applicant who gives or receives unauthorized assistance during the examination and may schedule the applicant for reexamination at a future time.

SPS 65.09 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.10 SPS 65.10 Failure of practical examination.

SPS 65.10(1) (1) If it appears at the conclusion of a practical examination that an applicant will receive a failing score, 2 examiners shall confer on the applicant’s performance. An applicant shall not receive a failing score on a practical examination unless 2 examiners award a failing score and each signs the score sheet.

SPS 65.10(2) (2) A written description of the reasons for failure shall be provided to applicants failing practical examinations.

SPS 65.10 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.11 SPS 65.11 Claim of examination error.

SPS 65.11(1) (1) To claim examination error, an applicant shall file a written request for department review with the bureau of business and design professions within 30 days of the date the examination was reviewed. The request shall include:

SPS 65.11(1)(a) (a) The applicant’s name and address;

SPS 65.11(1)(b) (b) The type of certificate for which the applicant applied;

SPS 65.11(1)(c) (c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error; and,

SPS 65.11(1)(d) (d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

SPS 65.11(2) (2) The department shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the department’s decision and any resulting score changes.

SPS 65.11(3) (3) The department shall take action on a claim of examination error within 90 days of receiving the written appeal.

SPS 65.11(4) (4) If the decision does not result in the applicant passing the examination, a notice of denial of license shall be issued. If the department issues a notice of denial following its review, the applicant may request a hearing under s. SPS 1.05.

SPS 65.11 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 65.12 SPS 65.12 Prohibited conduct and discipline.

SPS 65.12(1) (1) The department may take disciplinary action against any person holding an instructor’s certificate who has:

SPS 65.12(1)(a) (a) Made any false statement or given any false information in connection with an application for a certificate, or for renewal or reinstatement of a certificate.

SPS 65.12(1)(b) (b) Been issued a certificate through error.

SPS 65.12(1)(c) (c) Been adjudicated mentally incompetent by a court.

SPS 65.12(1)(d) (d) Been found guilty of an offense the circumstances of which substantially relate to the practice of an instructor in a school or specialty school.

SPS 65.12(1)(e) (e) Violated ch. 440 or 454, Stats., ch. SPS 50, chs. SPS 60 to 62, this chapter, or chs. Cos 1 to 9.

SPS 65.12(1)(f) (f) Practiced as an instructor in a school or specialty school while the person’s ability to practice was impaired by alcohol or other drugs, or physical or mental disability or disease.

SPS 65.12(1)(g) (g) Participated in false, misleading, or deceptive advertising on the part of any school or specialty school, or knowingly distributed or used school or specialty school student catalogs or contracts which do not comply with these rules.

SPS 65.12(1)(h) (h) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of barbering, cosmetology, aesthetics, manicuring, or electrology, in which the person holds an instructor’s certificate.

SPS 65.12(1)(i) (i) Engaged in unprofessional conduct. “Unprofessional conduct” includes, but is not limited to:

SPS 65.12(1)(i)1. 1. Engaging in any practice which constitutes a danger to the health, welfare, or safety of a student or the public.

SPS 65.12(1)(i)2. 2. Engaging in any promises or threats to any student to obtain sexual or social contact or anything of value.

SPS 65.12(1)(i)3. 3. Harassment of a student because of the student’s age, race, color, creed, marital status, sex, sexual orientation, ancestry, national origin, or physical or mental disability.

SPS 65.12(1)(i)4. 4. Intentionally falsifying student records.

SPS 65.12(1)(i)5. 5. Practicing or attempting to practice beyond the scope of the instructor’s certificate.

SPS 65.12(1)(i)6. 6. Having a license to practice as a barber, or cosmetologist, or aesthetician, or manicurist, or electrologist limited, suspended, or revoked, or being subject to any other disciplinary action by any licensing authority regulating the practice of barbering, cosmetology, aesthetics, manicuring, or electrology.

SPS 65.12(2) (2) The department may reprimand the holder of an instructor’s certificate, or may limit, suspend, or revoke the instructor’s certificate of any person who has engaged in any conduct prohibited by this chapter.

SPS 65.12 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; EmR1302: emerg. am. (1) (h) and (i) 6., eff. 2-14-13; CR 13-026: am. (1) (e), (h), and (i) 6. Register October 2013 No. 694, eff. 11-1-13.

SPS 65.13 SPS 65.13 Forfeitures to the department. In addition to or in lieu of discipline imposed against any person pursuant to s. SPS 65.05, and in addition to any costs assessed pursuant to s. 440.22, Stats., the department may assess a forfeiture of not less than $100 nor more than $5,000 for each violation of s. SPS 65.05. All forfeitures shall be paid to the department. In any case in which the department assesses both a forfeiture pursuant to this section and costs pursuant to s. 440.22, Stats., payments received by the department shall be applied first to the costs assessed.

SPS 65.13 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.