Chapter SPS 50

SPS 50.402 SPS 50.402 Renewal 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 50.410 Reinstatement 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 50.420 Continuing 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 50.500 Scope.

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 50.510 Citation 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 50.520 Service. 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 50.530 Effect 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 50.540 Request 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.

SPS 50.540 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

SPS 50.550 SPS 50.550 Default.

SPS 50.550(1) (1) If the credential holder does not make a deposit or otherwise respond to the citation in a timely fashion, the department may without further proceedings issue an order of default against the credential holder. A default order issued under this subchapter may assess a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued under this subchapter may result in assessing a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued pursuant to this subchapter may also result in a refusal to renew credentialing or additional disciplinary action.

SPS 50.550(2) (2) If the credential holder requests a hearing pursuant to s. SPS 50.540 but fails to appear at the hearing at the time scheduled, the credential holder is in default and the department may make findings and enter an order on the basis of the citation. The department may, for good cause, relieve the respondent from the effect of such findings and permit the respondent to answer and defend at any time before the department enters an order, or within a reasonable time.

SPS 50.550 Note Note: See sections 440.19 to 440.23 and 454.29 of the Statutes for other disciplinary proceedings and actions—such as administrative warnings, and suspension or revocation of a license, respectively.

SPS 50.550 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.