Chapter 202

CHAPTER 202

REGULATION OF PROFESSIONAL EMPLOYER ORGANIZATIONS AND THE SOLICITATION OF FUNDS FOR A CHARITABLE PURPOSE

SUBCHAPTER I

GENERAL PROVISIONS

202.01   Definitions.

202.021   Registration.

202.031   General duties.

202.041   Fees.

202.051   Debit or credit card payments; collection of registration for nonpayment by financial institution.

202.06   Disciplinary proceedings; enforcement of laws requiring registration.

202.07   General powers of the department.

SUBCHAPTER II

SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES

202.11   Definitions.

202.12   Regulation of charitable organizations.

202.13   Regulation of fund-raising counsel.

202.14   Regulation of professional fund-raisers.

202.15   Charitable sales promotions.

202.16   Prohibited acts.

202.17   Administration and investigations.

202.18   Penalties and enforcement.

SUBCHAPTER III

PROFESSIONAL EMPLOYER ORGANIZATIONS

202.21   Definitions.

202.22   Registration requirements.

202.23   Financial capability.

202.24   Rights, duties, and obligations unaffected.

202.26   Rules.

202.29   Short title.

subch. I of ch. 202 SUBCHAPTER I

GENERAL PROVISIONS

202.01 202.01 Definitions. In this subchapter:

202.01(1) (1) “Applicant” means any of the following:

202.01(1)(a) (a) A person applying to the department for an initial registration.

202.01(1)(b) (b) A person applying to the department for renewal of a registration.

202.01(1m) (1m) “Application” includes an application for initial registration and an application for renewal of a registration.

202.01(2) (2) “Controlling person” has the meaning given in s. 202.21 (3).

202.01(3) (3) “Department” means the department of financial institutions.

202.01(4) (4) “Registrant” means a person who is registered under ss. 202.12 to 202.14 or 202.22.

202.01(5) (5) “Registration” means a registration the department issues under ss. 202.12 to 202.14 or 202.22.

202.01 History History: 2013 a. 20; 2015 a. 163; 2015 a. 197 s. 51.

202.021 202.021 Registration.

202.021(1) (1) Applications for registration.

202.021(1)(a) (a) Applicants for registration under this chapter shall apply to the department, on forms and in the manner prescribed by the department. Forms prescribed by the department under this paragraph may contain any content or requirement that the department, in its discretion, determines necessary and these forms may be modified or updated as necessary by the department to carry out the purposes of this chapter.

202.021(1)(b) (b)

202.021(1)(b)1. 1. The department shall require each applicant to provide his or her social security number with the applicant’s application, or, if the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

202.021(1)(b)2. 2. If an applicant is an individual who does not have a social security number, the applicant shall submit a statement to the department made or subscribed under oath that the applicant does not have a social security number. The department of children and families shall prescribe the form of the statement. A registration issued in reliance upon a false statement submitted under this subdivision is invalid.

202.021(1)(b)3. 3. The department may not disclose a social security number obtained under subd. 1. to any person except the department of children and families to administer s. 49.22, the department of revenue to request certifications under s. 73.0301 and administer state taxes, and the department of workforce development to request certifications under s. 108.227.

202.021(1)(c) (c) The department may require the electronic submission of an application or any other document or information that may be submitted to the department under this chapter.

202.021(2) (2) Completion of registration process.

202.021(2)(a) (a) The department may conduct an investigation of the applicant, including the applicant’s members, officers, trustees, and directors, to determine whether the applicant satisfies all of the requirements specified for registration. The investigation may include determining whether any of the applicant’s members, officers, trustees, or directors has an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation.

202.021(2)(b) (b) If an officer, director, or member of an applicant has been convicted or has an arrest or conviction record, the department may charge an applicant the fees, costs, or other expenses the department incurs for conducting an investigation under this subsection.

202.021(2)(bn) (bn) Subject to ss. 111.321, 111.322, and 111.335, the department may deny or limit the registration of an applicant or registrant that has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.

202.021(2)(c) (c) Except as provided in sub. (4), the department shall, after its review of an application, issue a certificate of registration to the applicant.

202.021(2)(d) (d) A registration issued under this chapter is not assignable or transferable.

202.021(3) (3) Renewal of registration.

202.021(3)(a) (a) The department shall give a notice of renewal to each registrant at least 30 days before the expiration date of the registration. The department may give that notice by electronic transmission.

202.021(3)(b) (b) Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against a registrant or in any proceeding against a former registrant for practicing without a registration. Failure to receive a notice of renewal does not relieve a registrant from the obligation to pay a penalty for late renewal under par. (c).