Chapter SPS 65

Chapter SPS 65

PERSONS PROVIDING PRACTICAL INSTRUCTION IN SCHOOLS

SPS 65.01   Application requirements for an instructor’s certificate.

SPS 65.015   Reciprocity for service members, former service members, and their spouses.

SPS 65.03   Instructor theory training syllabus.

SPS 65.04   Application requirements for reinstatement of an expired certificate.

SPS 65.05   Administration of examination for instructor’s certification.

SPS 65.06   Instructor’s competency tested.

SPS 65.07   Form of examination.

SPS 65.08   Passing scores.

SPS 65.09   Unauthorized assistance.

SPS 65.10   Failure of practical examination.

SPS 65.11   Claim of examination error.

SPS 65.12   Prohibited conduct and discipline.

SPS 65.13   Forfeitures to the department.

Ch. SPS 65 Note Note: Chapter RL 65 was created as an emergency rule effective 5-26-89. Chapter RL 65 was renumbered chapter SPS 65 under s. 13.92 (4) (b) 1., Stats., Register November 2011 No. 671

SPS 65.01 SPS 65.01 Application requirements for an instructor’s certificate. The department shall issue an instructor’s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology to any person who meets the requirements of s. 440.63 (3), Stats. Application shall be made on a form supplied by the department, and, except as provided in s. 45.44, Stats., shall be submitted with the fee required by s. 440.05 (1), Stats.

SPS 65.01 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; CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.

SPS 65.015 SPS 65.015 Reciprocity for service members, former service members, and their spouses. A reciprocal instructor’s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

SPS 65.015 Note Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call [phone].

SPS 65.015 History History: CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

SPS 65.03 SPS 65.03 Instructor theory training syllabus.

SPS 65.03(1) (1) The instructor training required by ss. 440.63 (3) (a) 3., 440.63 (3) (b) 2., 440.63 (3) (c) 2., and 440.63 (3) (d) 2., Stats., is satisfied by successful completion of a course approved by the department in accordance with the syllabus set forth in Table 65.03. A person shall complete the 150 hours of training within 2 years of commencing the training.

SPS 65.03(2) (2) A school offering training for an instructor’s certificate may grant credit counting towards the 96 hours required for successful completion of college level courses in teaching skills and facilitating/managing skills.

SPS 65.03(3) (3) A school offering training for an instructor’s certificate may allow another institution to teach the 96 hours on teaching skills and facilitating/managing skills in the established curriculum and certify an instructor student’s eligibility for the examination for an instructor’s certificate.

TABLE 65.03
INSTRUCTOR TRAINING COURSE SYLLABUS

SPS 65.03 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 15-028: am. (1), (3) Figure (title) Register September 2015 No. 717, eff. 10-1-15.

SPS 65.04 SPS 65.04 Application requirements for reinstatement of an expired certificate. Applications for reinstatement of an instructor’s certificate which are received by the department more than 2 years after the expiration date of the certificate for which reinstatement is requested shall be considered as applications for an initial instructor’s certificate and shall be made on the form for and in the manner of an application for an initial instructor’s certificate.

SPS 65.04 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

SPS 65.05 SPS 65.05 Administration of examination for instructor’s certification.

SPS 65.05(1) (1) The department attempts to schedule applicants for examination at or near a requested examination site or date but may schedule at any site and date where space is available. Admission cards are mailed to applicants at the address provided by the applicant.

SPS 65.05(2) (2) The applicant shall present an admission card at the door of the examination room with the identification specified on the admission card.

SPS 65.05(3) (3) Applicants shall follow the rules of conduct for the examination provided at the beginning of the examination. Definite time limits may be placed on each portion of the examination.

SPS 65.05(4) (4) Issuance of a license may be denied if the department determines that the applicant violated the rules of conduct for the examination.

SPS 65.05 Note Note: The intent of the department is to use the word “certificate” rather than “license.”

SPS 65.05(5) (5) During practical examinations, applicants shall wear a numeric identification tag. The number shall be used in lieu of the applicant’s name on examination papers.

SPS 65.05 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

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.