Chapter SPS 62

SPS 62.07(4) (4) School closing. If a school or specialty school closes or terminates a program and no longer offers instruction in a program in which a person is enrolled, the person shall be entitled to a pro rata refund of the total cost of the course of instruction. No such refund may defeat any person’s claim to indemnification to which he or she is otherwise entitled under the bond required by s. SPS 61.06.

SPS 62.07(5) (5) Refund deadline. A school or specialty school shall make any refunds due to a student or enrollee within 30 days of the date the school or specialty school dismisses the student or enrollee or receives notice of withdrawal, or of the school or specialty school closing.

SPS 62.07 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 62.08 SPS 62.08 Disclosure of information to the department. Within 10 days of any request by the department, a school or specialty school shall furnish the department with any information requested concerning the school’s or specialty school’s facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours and contracts, financial records, tuition and other charges, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.

SPS 62.08 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 62.09 SPS 62.09 Inspection of facilities and records. A school or specialty school shall permit the department to inspect its facilities and its records at any time during the school’s or specialty school’s regular business hours upon the request of a representative of the department.

SPS 62.09 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 62.10 SPS 62.10 Specialty topic instruction privileges and requirements for schools of cosmetology. A licensed school of cosmetology may offer a specialty training program in aesthetics or in manicuring, or both, without being licensed as a specialty school or paying license fees beyond those required to maintain licensure as a school of cosmetology.

SPS 62.10 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 62.11 SPS 62.11 Prohibited conduct and discipline.

SPS 62.11(1) (1) No owner, director, officer, shareholder, or managing employee of any school or specialty school may permit or engage in any of the following conduct:

SPS 62.11(1)(a) (a) Holding classes without a current license for the school or specialty school.

SPS 62.11(1)(b) (b) Engaging in false, misleading, or deceptive advertising, recruitment of students, enrollment procedures, or record keeping practices.

SPS 62.11(1)(c) (c) Falsifying or misrepresenting any information on any application for an initial or renewal license.

SPS 62.11(1)(d) (d) Being convicted of any crime involving fraud or other circumstances which substantially relate to the operation of a school or specialty school.

SPS 62.11(1)(e) (e) Allowing an unlicensed person to provide practical instruction to any student.

SPS 62.11(1)(f) (f) Harassing or discriminating against any enrollee or student because of age, race, creed, color, ancestry, national origin, marital status, sex, or sexual orientation.

SPS 62.11(1)(g) (g) Violating subch. V of ch. 440, Stats., or ch. 454, Stats., or this chapter in the operation of a school or specialty school or establishment associated with a school or specialty school.

SPS 62.11(1)(h) (h) Engaging in any promises or threats to students or employees of a school, specialty school, or establishment associated with a school or specialty school to obtain sexual or social contact or anything of value.

SPS 62.11(1)(i) (i) Distributing or using school or specialty school student catalogs or contracts which do not comply with this chapter.

SPS 62.11(1)(j) (j) Engaging in any conduct which could reasonably be detrimental to the health, safety, or welfare of the public, or the students or staff of any school, specialty school, or establishment associated with a school or specialty school.

SPS 62.11(1)(k) (k) Failing to comply with the terms of any contract with a student of the school or specialty school.

SPS 62.11(1)(L) (L) Holding classes, except for structured salon visits and instruction for individual student needs or industry trends, at any location other than that identified in the school’s or specialty school’s latest application for licensure.

SPS 62.11(1)(m) (m) Denying the department the opportunity to inspect, or obstructing the department in the inspection of, the school’s or specialty school’s facilities or records at any time during regular business hours.

SPS 62.11(1)(n) (n) Using any deceptive trade name, contrary to s. SPS 62.03.

SPS 62.11(1)(o) (o) Engaging in any deceptive sales practices, contrary to s. SPS 62.04.

SPS 62.11(2) (2) The department may limit, suspend, or revoke the license of any school or specialty school whose owner, director, officer, shareholder, or managing employee permits or participates in any of the conduct prohibited by this rule, except that no school or specialty school shall be disciplined for the action of only one shareholder who owns or controls fewer than 10% of the shares of the corporation owning the school or specialty school.

SPS 62.11 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (1) (L), Register, September, 2000, No. 537, eff. 10-1-00; correction in (1) (n), (o) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 62.12 SPS 62.12 Forfeitures to the department. In addition to or in lieu of discipline imposed against any school or specialty school pursuant to s. SPS 62.07, 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 62.07. 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 62.12 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.