Chapter 440

440.52(8)(e) (e) Request for appearance. Within 20 days of the receipt of notice of the department’s refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the department in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the department shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days’ notice of the date, time, and place.

440.52(8)(f) (f) Recovery by students. The bond in force under par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

440.52(8)(g) (g) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor’s permit under this subsection at the time of the sale or solicitation.

440.52(8)(h) (h) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection.

440.52(8)(i) (i) Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.

440.52(10) (10) Proprietary school approval.

440.52(10)(a) (a) Authority. All proprietary schools shall be examined and approved by the department before operating in this state. Approval shall be granted to schools meeting the criteria established by the department for a period not to exceed one year. No school may advertise in this state unless approved by the department. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the department considers necessary. If a school closure results in losses to students, parents, or sponsors, the department may authorize the full or partial payment of those losses from the appropriation under s. 20.165 (1) (jt).

440.52(10)(b) (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the department and shall be accompanied by a fee set by the department under par. (c) and any other information as the department considers necessary to evaluate the school in carrying out the purpose of this section.

440.52(10)(c) (c) Fees; rule making. The department shall promulgate rules to establish the fees paid to the department under this subsection. In promulgating rules to establish the fees, the department shall do all of the following:

440.52(10)(c)1. 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the department incurs in examining and approving proprietary schools under this subsection.

440.52(10)(c)2. 2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.

440.52(10)(c)3. 3. Specify a fee to accompany all applications under par. (b).

440.52(10)(c)4. 4. Specify a student protection fee.

440.52(10)(cm) (cm) Limit on student protection fee. The department shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

440.52(10)(d) (d) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a).

440.52(10)(e) (e) Penalties. Any person who violates par. (a) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) constitutes a separate offense.

440.52(10)(f) (f) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) may bring a civil action to recover fees paid to the school in violation of par. (a) together with costs and disbursements, including reasonable attorney fees.

440.52(11) (11) Closed schools; preservation of records.

440.52(11)(a) (a) In this subsection:

440.52(11)(a)1. 1. “Association” means the Wisconsin Association of Independent Colleges and Universities or a successor organization.

440.52(11)(a)2. 2. Notwithstanding sub. (1) (e), “school” has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8.

440.52(11)(a)3. 3. “Student record” means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student’s cumulative grade for the program, and an explanation of the school’s credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., “student record” means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.

440.52(11)(b) (b)

440.52(11)(b)1. 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the department, if the student records of the school are not taken into possession under subd. 2., and if the department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department may take possession of those student records.

440.52(11)(b)2. 2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the association shall take possession of those student records.

440.52(11)(c) (c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department or association may seek a court order authorizing the department or association to take possession of those student records.

440.52(11)(d) (d) The department or association shall preserve a student record that comes into the possession of the department or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the department is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the department or association shall provide a copy of the student record to the requester. The department or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jv).

440.52(12) (12) Use of certain terms prohibited.

440.52(12)(a) (a) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college” or “university” in the person’s name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

440.52(12)(a)1. 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010.

440.52(12)(a)1m. 1m. A person described in sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

440.52(12)(a)2. 2. A person described in sub. (1) (e) 3. to 7. that was doing business in this state prior to May 27, 2010.

440.52(12)(b) (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state” or “Wisconsin” in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation.

440.52(12)(c) (c) The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) or (b).

440.52(12)(d) (d) Any person who violates par. (a) or (b) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) or (b) constitutes a separate offense.

440.52(12)(e) (e) In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) or (b) may bring a civil action to recover fees paid to the school, together with costs and disbursements, including reasonable attorney fees.

440.52(13) (13) False academic credentials.

440.52(13)(a) (a) In this subsection:

440.52(13)(a)1. 1. “Academic credential” means a degree, transcript, certificate, or other similar document that indicates the completion of a program, course, or course of instruction leading to, or the earning of academic credit toward, the granting of an associate, baccalaureate, or graduate degree.

440.52(13)(a)2. 2. “Authorized institution of higher education” means an educational institution that meets any of the following requirements:

440.52(13)(a)2.a. a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the department; or has accreditation recognized by the Council for Higher Education Accreditation.

440.52(13)(a)2.b. b. Is approved by the department to operate in this state.

440.52(13)(a)2.c. c. Operates in this state and is a school described in sub. (1) (e) 1. to 8.

440.52(13)(a)2.d. d. Does not operate in this state, but is licensed or otherwise approved by the appropriate state agency of another state and is an active applicant for accreditation by an accrediting body recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation.

440.52(13)(a)2.e. e. Has been found by the department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.

440.52(13)(a)3. 3. “False academic credential” means an academic credential issued or manufactured by a person that is not an authorized institution of higher education.

440.52(13)(a)4. 4. “Legitimate academic credential” means an academic credential issued by an authorized institution of higher education.

440.52(13)(b) (b) Any person who knowingly issues or manufactures a false academic credential is guilty of a Class A misdemeanor.

440.52(13)(c) (c) Any person who knowingly uses a false academic credential, or who falsely claims to have a legitimate academic credential, as follows may be required to forfeit not more than $1,000:

440.52(13)(c)1. 1. In any communication to a client or to the general public, in connection with any business, trade, profession, or occupation.

440.52(13)(c)2. 2. For the purpose of obtaining a license or other approval required to practice a trade, profession, or occupation.

440.52(13)(c)3. 3. For the purpose of obtaining admission to an authorized institution of higher education.

440.52(13)(c)4. 4. For the purpose of obtaining an employment position with a state agency or with a political subdivision of the state, including an elective or appointive position, whether compensated or not; of obtaining a promotion, transfer, or reassignment from such a position; or of obtaining an increase in compensation or benefits for such a position.

440.52(13)(d) (d) The department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the department incurs in evaluating the institution. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jr).

440.52 History History: 2005 a. 25 ss. 725g, 735c to 735x; Stats. 2005 s. 38.50; 2009 a. 300; 2011 a. 32; 2015 a. 208; 2017 a. 59 ss. 663m to 704m, 1936am to 1936zm; Stats. 2017 s. 440.52.

440.52 Cross-reference Cross-reference: See also chs. SPS 401, 404, 405, 406, 407, 408, 409, 410, and 411, Wis. adm. code.

440.52 Annotation A Wisconsin corporation offering programs that lead to certification for teachers and other school personnel was not subject to regulation as a trade or technical school. Norda, Inc. v. Wisconsin Educational Approval Board, 2006 WI App 125, 294 Wis. 2d 686, 718 N.W.2d 236, 05-2335.

subch. VI of ch. 440 SUBCHAPTER VI

BARBERING AND COSMETOLOGY SCHOOLS

440.60 440.60 Definitions. As used in this subchapter unless the context requires otherwise:

440.60(1) (1) “Aesthetician” has the meaning specified in s. 454.01 (1).

440.60(2) (2) “Aesthetics” has the meaning specified in s. 454.01 (2).

440.60(4e) (4e) “Barber” has the meaning specified in s. 454.20 (1).

440.60(4m) (4m) “Barbering” has the meaning specified in s. 454.20 (2).

440.60(5e) (5e) “Cosmetologist” has the meaning specified in s. 454.01 (7e).

440.60(5m) (5m) “Cosmetology” has the meaning specified in s. 454.01 (7m).

440.60(6) (6) “Electrologist” has the meaning specified in s. 454.01 (8).

440.60(7) (7) “Electrology” has the meaning specified in s. 454.01 (9).

440.60(8) (8) “Establishment” has the meaning specified in s. 454.01 (10).

440.60(11) (11) “Manicuring” has the meaning specified in s. 454.01 (13).

440.60(12) (12) “Manicurist” has the meaning specified in s. 454.01 (14).

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(16) (16) “Student” has the meaning specified in s. 454.01 (15).

440.60(17) (17) “Theoretical instruction” means training through the study of principles and methods.

440.60(18) (18) “Training hour” has the meaning specified in s. 454.01 (16).

440.60 History History: 1987 a. 265; 2011 a. 190; 2017 a. 82.

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.

440.61 History History: 1987 a. 265; 1989 a. 31, 107; 1993 a. 399; 1995 a. 27 ss. 6587, 9126 (19); 2007 a. 20 s. 9121 (6) (a).

440.62 440.62 School and specialty school licensure.

440.62(1) (1) License required.

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.