SPS 404.06(3)(a)2.2. A violation of chs. SPS 404 to 408.
SPS 404.06(3)(a)3.3. A student being unable to complete the program or programs because the school failed to perform its contractual obligations.
SPS 404.06(3)(a)4.4. The refusal of a school to issue a refund to which a student is entitled under ch. SPS 408.
SPS 404.06(3)(b)(b) Indemnification under this section may not exceed the advanced tuition, book fees, supply fees, or equipment fees paid or liable to be paid for regardless of the number of years that a school’s bond is in force. The aggregate liability of the surety bond may not exceed the penal sum of the bond. The surety bond may be continuous.
SPS 404.06(3)(c)(c) To the extent that the surety bond is unable to fully cover the losses incurred by a student, parent, guardian, or sponsor when a school closes, the department may authorize the full or partial payment of those losses from the student protection appropriation under s. 20.165 (1) (jr), Stats.
SPS 404.06(3)(d)(d) The department may use a surety bond on which is has collected or funds from the student protection appropriation to arrange for a teach–out of students.
SPS 404.06 HistoryHistory: Cr. Register, December, 1972, No. 204, eff. 1-1-73; am. (2), Register, June, 1990, No. 414, eff. 7-1-90; renum. from EAB 5.07, am. (1) and (5), renum. (2) to be (3) and am., cr. (2), Register, October, 1997, No. 502, eff. 12-1-97; CR 02-135: am. (1), (3) and (5), cr. (6) Register April 2003 No. 568, eff. 5-1-03; CR 03-126: r. and recr. Register May 2004 No. 581, eff. 6-1-04; CR 05-112: am. (2) (b) (intro.), cr. (2) (b) 1. and 2. Register April 2006 No. 604, eff. 5-1-06; corrections in (2) (e) and (3) (c) made under s. 13.93 (2m) (b) 7., Stats., Register April 2006 No. 604; correction in (1) (a), (c), (e), (2) (b) 2., (e), (3) (a), (c), (d) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) (a), (b) 1., 2., (c), (e), (3) (a) 2., 4., (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2017 No. 743; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.
SPS 404.07SPS 404.07Agent for service of process.
SPS 404.07(1)(1)All schools seeking approval must provide the name and Wisconsin address of a designated agent upon whom any process, notice, or demand may be served.
SPS 404.07(2)(2)If during any period a school fails to appoint or maintain in this state an agent for service of process, such failure shall be cause for revocation of approval.
SPS 404.07(3)(3)Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a foreign corporation in any other manner now or hereafter permitted by law.
SPS 404.07 HistoryHistory: Cr. Register, December, 1972, No. 204, eff. 1-1-73; renum. from EAB 5.08 and am. (1) and (2), Register, October, 1997, No. 502, eff. 12-1-97; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register November 2017 No. 743; CR 20-004: am. (1) Register June 2020 No. 774, eff. 7-1-20.
SPS 404.08SPS 404.08Investigation and review.
SPS 404.08(1)(1)Periodic Review. The department shall investigate and evaluate all approved schools and programs. The method of review shall include:
SPS 404.08(1)(a)(a) Information from the following: federal trade commission, better business bureaus, the Wisconsin department of justice, other state or other official approval agencies, local school officials or interested persons.
SPS 404.08(1)(b)(b) Review of reports and statements from the school involved.
SPS 404.08(1)(c)(c) Conferences with officials or representatives of the school involved or with interested persons including former students or parents of former students.
SPS 404.08(1)(d)(d) Investigation by visitation of the school involved.
SPS 404.08(2)(2)Complaints. In addition to investigation upon its own initiative, the department may investigate any school and its programs upon receipt of a complaint from an interested person.
SPS 404.08(2)(a)(a) A student with a complaint against a school shall make a reasonable effort to resolve the complaint directly with the school.
SPS 404.08(2)(b)(b) The department shall conduct an investigation upon receipt of a written complaint filed within one year after the student’s last recorded date of attendance;
SPS 404.08(2)(b)1.1. If preliminary findings indicate a violation of s. 440.52, Stats., or chs. SPS 404 to 411, or of an established school policy, the department shall attempt, through mediation to bring about a settlement.
SPS 404.08(2)(b)2.2. If a settlement proposed by the department is rejected by a school, the department may conduct a hearing and impose any of the intermediate sanctions under s. SPS 404.01 (4m) or subject the school to a summary suspension of its approval.
SPS 404.08(2)(b)3.3. If a complaint charging fraud or false representation used in procuring a student’s enrollment is upheld and if a settlement cannot be reached, the department shall make a demand upon the schools bond and if not paid shall bring action in any court in the state of Wisconsin.
SPS 404.08 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 12-1-97; CR 02-135: am. (2) (b) 1. and r. and recr. (2) (b) 2. Register April 2003 No. 568, eff. 5-1-03; correction in (2) (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register April 2006 No. 604; correction in (1), (2) (intro.), (b) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2017 No. 743.
SPS 404.09SPS 404.09List of approved schools and courses of instruction. A directory of approved schools and programs shall be distributed to all approved schools and to others upon request.
SPS 404.09 HistoryHistory: Cr. Register, December, 1972, No. 204, eff. 1-1-73; renum. from EAB 5.10, am. (1), r. (2), Register, October, 1997, No. 502, eff. 12-1-97.
SPS 404.10SPS 404.10Fees.
SPS 404.10(1)(1)Fees for initial school approval.