reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.23 - Cancellation of credential; reinstatement.

440.23
Cancellation of credential; reinstatement.
(1)
If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, or 444.11 by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).
(2)
At least 20 days before canceling a credential, the department shall mail a notice to the holder of the credential that informs the holder that the check or demand for payment under the debit or credit card transaction was not paid by the financial institution and that the holder's credential may be canceled on the date determined under sub. (1) unless the holder does all of the following before that date:
(a)
Pays the fee for which the unpaid check or demand for payment under the credit or debit card transaction was issued.
(b)
If the fee paid under par. (a) is for renewal and the credential has expired, pays the applicable penalty for late renewal specified in s. 440.08 (3).
(c)
Pays the charge for an unpaid draft established under s. 20.905 (2).
(3)
Nothing in sub. (1) or (2) prohibits the department from extending the date for cancellation to allow the holder additional time to comply with sub. (2) (a) to (c).
(4)
A cancellation of a credential under this section completely terminates the credential and all rights, privileges and authority previously conferred by the credential.
(5)
The department may reinstate a credential that has been canceled under this section only if the previous holder complies with sub. (2) (a) to (c) and pays a $30 reinstatement fee.
History:  1989 a. 31; 1991 a. 39, 189, 269, 278, 315; 1993 a. 16; 1995 a. 27; 1999 a. 9; 2003 a. 270, 285, 327; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.25 - Judicial review.

440.25
Judicial review.
The department may seek judicial review under ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the medical examining board or the interested affiliated credentialing board, the attorney general may represent the board. If the attorney general declines to represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) (hg).
History:  1985 a. 340; 1993 a. 107; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.310 - Definitions.

440.310
Definitions.
In this subchapter:
(1)
“Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board, Inc., as a board-certified behavior analyst and has been granted a license under this subchapter to engage in the practice of behavior analysis.
(2)
“Practice of behavior analysis" means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior, including the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, including interventions based on scientific research and the direct observation and measurement of behavior and environment. “Practice of behavior analysis" does not include psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, marriage counseling, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.
History:  2009 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.311 - Use of title; penalty.

440.311
Use of title; penalty.
(1)
No person may use the title “behavior analyst" or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a licensed professional who is not a behavior analyst, if the services performed are within the scope of the professional's practice and are performed commensurate with the professional's training and experience, and the professional does not represent that he or she is a behavior analyst.
(2)
Any person who violates sub. (1) may be fined not more than $250, imprisoned not more than 3 months in the county jail, or both.
History:  2009 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.312 - Licensure.

440.312
Licensure.
(1)
Except as provided in sub. (2), the department shall grant a license as a behavior analyst to a person under this subchapter if all of the following apply:
(a)
The person submits an application to the department on a form provided by the department.
(b)
The person pays the initial credential fee determined by the department under s. 440.03 (9) (a).
(c)
The person submits evidence satisfactory to the department that the person is a behavior analyst certified by the Behavior Analyst Certification Board, Inc., or its successor organization.
(2)
The department may not grant a license under this subchapter to any person who has been convicted of an offense under s. 940.22, 940.225, 940.302 (2) (a) 1. b., 944.06, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, 948.11, or 948.12.
History:  2009 a. 282; 2013 a. 362; 2017 a. 128.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.313 - Renewal.

440.313
Renewal.
(1)
The renewal date for licenses granted under this subchapter is specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).
(2)
A behavior analyst shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he or she is, at the time he or she applies for renewal, certified by the Behavior Analyst Certification Board, Inc., or its successor organization.
History:  2009 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.314 - Rules.

440.314
Rules.
(1)
The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2) and (3), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.
(2)
The department may promulgate rules authorizing the department to issue a temporary permit to a person who is certified by the Behavior Analyst Certification Board, Inc., or its successor organization authorizing the practice of behavior analysis by the person under the supervision of a behavior analyst licensed under s. 440.312 (1).
(3)
The rules may not do any of the following:
(a)
Require an applicant for a license under this subchapter to have education in addition to the education required by the Behavior Analyst Certification Board, Inc., or its successor organization.
(b)
Require a behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.
(c)
Require a behavior analyst to enter into an agreement, written or otherwise, with another health care provider.
(d)
Limit the location where a behavior analyst may practice behavior analysis.
History:  2009 a. 282; 2011 a. 260 ss. 55, 80.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.315 - Informed consent.

440.315
Informed consent.
A behavior analyst shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and shall disclose to the client orally and in writing all of the following:
(1)
A summary of the behavior analyst's experience and training.
(2)
Any other information required by the department by rule.
History:  2009 a. 282.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.316 - Disciplinary proceedings and actions.

440.316
Disciplinary proceedings and actions.
(1)
Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
(2)
Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a behavior analyst or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the behavior analyst has done any of the following:
(a)
Intentionally made a material misstatement in an application for a license or for renewal of a license.
(b)
Subject to ss. 111.321, 111.322, and 111.34, practiced behavior analysis while his or her ability to engage in the practice was impaired by alcohol or other drugs.
(c)
Advertised in a manner that is false or misleading.
(d)
In the course of the practice of behavior analysis, made a substantial misrepresentation that was relied upon by a client.
(e)
In the course of the practice of behavior analysis, engaged in conduct that evidences an inability to apply the principles or skills of behavior analysis.
(f)
Obtained or attempted to obtain compensation through fraud or deceit.
(g)
Allowed another person to use a license granted under this subchapter.
(h)
Violated any law of this state or federal law that substantially relates to the practice of behavior analysis, violated this subchapter, or violated any rule promulgated under this subchapter.
(i)
Engaged in unprofessional conduct.
(3)
Subject to the rules promulgated under s. 440.03 (1), the department shall revoke a license granted under this subchapter if the behavior analyst is convicted of any of the offenses specified in s. 440.312 (2).
History:  2009 a. 282; 2015 a. 197 s. 51.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.40 - Definitions.

440.40
Definitions.
In this subchapter:
(1)
“Digital network" means any Internet site or online-enabled application, software, or system that permits the prearrangement of transportation network services.
(2)
“Licensed company" means a transportation network company that is licensed under s. 440.415.
(3)
“Participating driver" means an individual who does all of the following:
(a)
Pays a fee to a transportation network company to be connected to a passenger for the purpose of engaging in transportation network services.
(b)
Uses a personal vehicle to engage in transportation network services for compensation.
(4)
“Passenger" means an individual who uses a transportation network company's digital network to connect to a participating driver for transportation network services, and, unless the context requires otherwise, includes all other persons in that individual's party who accompany that individual in the participating driver's personal vehicle in connection with those transportation network services.
(5)
“Personal vehicle" means a motor vehicle that satisfies all of the following conditions:
(a)
A participating driver owns, leases, or is otherwise authorized to use the motor vehicle.
(b)
The motor vehicle is not a taxicab, limousine, shuttle, or other for-hire vehicle or a commercial motor vehicle, as defined in 49 CFR 390.5.
(6)
“Transportation network company" means a business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. “Transportation network company" does not include a taxicab, limousine, shuttle, or other for-hire vehicle service.
(7)
“Transportation network services" means transportation provided to a passenger in the participating driver's personal vehicle. A participating driver is considered to be engaged in transportation network services beginning when the participating driver accepts a passenger's request for transportation received through a transportation network company's digital network, continuing while the participating driver transports that passenger in the participating driver's personal vehicle, and ending when that passenger, or the last person in that passenger's party, whichever occurs later, exits the participating driver's personal vehicle. “Transportation network services" does not include transportation in a taxicab, limousine, shuttle, or other for-hire vehicle.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.41 - License required.

440.41
License required.
(1)
No person may operate a transportation network company in this state unless the transportation network company is a licensed company.
(2)
No person may engage in transportation network services in this state unless the person is a participating driver for a licensed company. A licensed company is not considered to control, direct, or manage a participating driver or that participating driver's personal vehicle used for engaging in transportation network services, except as provided in this subchapter or in a written agreement between the licensed company and the participating driver.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.415 - Licensure of transportation network companies.

440.415
Licensure of transportation network companies.
(1)
Initial license. The department shall grant a license to operate a transportation network company in this state to an applicant for licensure if the department determines that all of the following requirements are met:
(a)
The applicant submits an application to the department on a form prescribed by the department. The application shall include the applicant's name, address, tax identification number, and any other information required by the department by rule.
(b)
The applicant is a transportation network company.
(c)
The applicant demonstrates to the satisfaction of the department that it satisfies all applicable requirements under ss. 440.42, 440.44, 440.45, and 440.48.
(d)
Notwithstanding s. 440.03 (9) (a), the applicant pays an initial licensure fee of $5,000.
(2)
Renewal.
(a)
The renewal date for a license granted under sub. (1) is specified in s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.
(b)
The renewal application for a licensed company shall include a renewal fee of $5,000 or the renewal fee determined by the department under s. 440.03 (9) (a), if any, whichever is less.
History:  2015 a. 16.
Cross-reference:  See also ch. SPS 210, Wis. adm. code.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.425 - Fare disclosures.

440.425
Fare disclosures.
Each licensed company shall do all of the following:
(1)
Disclose its fare calculation method on its Internet site.
(2)
Inform each prospective passenger or the prospective passenger's authorized representative of all applicable fare rates.
(3)
Give each prospective passenger or the prospective passenger's authorized representative the option to receive an estimated fare before the passenger enters a participating driver's personal vehicle for transportation network services.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.43 - Identification of participating drivers.

440.43
Identification of participating drivers.
Each licensed company shall make available to each prospective passenger or the prospective passenger's authorized representative, on the licensed company's digital network, a photograph of the participating driver and the license plate number of the participating driver's personal vehicle before the passenger enters the participating driver's personal vehicle for transportation network services.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.435 - Electronic receipt.

440.435
Electronic receipt.
Within a reasonable time after transportation network services have been provided, the licensed company facilitating the services shall transmit an electronic receipt for the services to the passenger or the passenger's authorized representative that contains all of the following:
(1)
The origin and destination of the trip.
(2)
The total time and distance of the trip.
(3)
An itemization of the total fare paid, if any.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.44 - Zero tolerance for use of drugs or alcohol.

440.44
Zero tolerance for use of drugs or alcohol.
(1)
Policy. Each licensed company shall develop, implement, and make available on its Internet site a policy prohibiting any participating driver from using alcohol, or any other intoxicant that may render the participating driver incapable of safely driving, while the participating driver is engaged in transportation network services for the licensed company or is logged on to the licensed company's digital network.
(2)
Complaints.
(a)
Each licensed company shall develop, implement, and make available on its Internet site, complaint procedures for reports of suspected violations of the policy under sub. (1).
(b)
Upon receipt of a complaint concerning a violation of a licensed company's policy under sub. (1), the licensed company shall immediately suspend the participating driver and investigate the complaint. The suspension shall continue until the complaint is resolved.
(c)
Each licensed company shall maintain all records of each investigation under par. (b), including the results of that investigation and any action taken based on that investigation, for at least 2 years after the date the complaint was received by the licensed company.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.45 - Nondiscrimination; accessibility.

440.45
Nondiscrimination; accessibility.
(1)
Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy.
(2)
A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
(3)
Each participating driver shall permit service animals to accompany passengers in connection with transportation network services.
(4)
A licensed company may not impose additional charges for providing transportation network services to persons with disabilities because of those disabilities.
(5)
Each licensed company shall provide each prospective passenger an opportunity to indicate whether the passenger requires a wheelchair-accessible vehicle. If a licensed company cannot arrange wheelchair-accessible transportation network services for a prospective passenger who requires wheelchair-accessible services, the licensed company shall refer the prospective passenger to an alternate provider of wheelchair-accessible transportation, if available.
History:  2015 a. 16; 2017 a. 364, 366.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.455 - Records.

440.455
Records.
Each licensed company shall do all of the following:
(1)
Maintain passenger trip records for at least one year from the date of each trip.
(2)
Maintain all records concerning each participating driver for at least one year after the date on which the participating driver ceases to engage in transportation network services for the licensed company.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.46 - Personally identifiable information.

440.46
Personally identifiable information.
A licensed company may not disclose a passenger's or prospective passenger's personally identifiable information to any other person, unless any of the following is true:
(1)
The passenger or prospective passenger consents to the disclosure.
(2)
The disclosure is required by law.
(3)
The disclosure is necessary to protect or defend the terms of use of the licensed company's transportation network services or to investigate a violation of those terms.
(4)
The disclosure is to the participating driver, is limited to the passenger's name and telephone number, and is for the sole purpose of facilitating the participating driver's transportation network services for that passenger.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.465 - Limitations on local and other regulation.

440.465
Limitations on local and other regulation.
(1)
Section 349.24 does not apply to a transportation network company or to a participating driver engaged in transportation network services or the participating driver's personal vehicle used for those services. No city, village, town, or county may enact or enforce an ordinance or adopt or enforce a resolution that regulates a transportation network company or its participating drivers and their personal vehicles in connection with transportation network services.
(1m)
Notwithstanding sub. (1), a city, village, town, or county may do any of the following:
(a)
To the extent necessary to comply with assurances under 49 USC 47107, impose fees or charges under s. 114.14 (1) for the use of an airport by participating drivers engaged in transportation network services. Any such fees or charges shall be imposed on transportation network companies and may not exceed fees or charges imposed under s. 114.14 (1) for the use of an airport by taxicabs, limousines, shuttles, or other for-hire vehicles.
(b)
Require a transportation network company to comply with a permit developed by an airport and issued to the transportation network company regarding the manner of operation on airport property by participating drivers engaged in transportation network services. A single permit under this paragraph shall be issued to each transportation network company and shall apply to all of the participating drivers for the company.
(2)
The requirements under chs. 340 to 349 applicable specifically to commercial motor vehicles or for-hire vehicles do not apply to personal vehicles used by participating drivers engaged in transportation network services.
(3)
The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33 do not apply to personal vehicles used by participating drivers engaged in transportation network services.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.49 - Disciplinary proceedings and actions.

440.49
Disciplinary proceedings and actions.
(1)
Investigations and hearings. Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hold hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter or a violation of any other law that substantially relates to the operation of a transportation network company or to transportation network services has occurred.
(2)
Discipline. Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed company or deny, limit, suspend, or revoke a license granted under s. 440.415 if the department finds that an applicant for licensure or a licensed company has done any of the following:
(a)
Intentionally made a material misstatement in an application for a license or license renewal.
(b)
Advertised in a manner that is false or misleading.
(c)
Obtained or attempted to obtain compensation through fraud or deceit.
(d)
Violated this subchapter or any rule promulgated under this subchapter or violated any other law that substantially relates to the operation of a transportation network company or to transportation network services.
(e)
Failed to cooperate with the department, or failed to timely respond to a request for information by the department, in connection with an investigation under this section.
(3)
Forfeitures. In addition to or in lieu of a reprimand or other action under sub. (2), the department may assess against a licensed company, for the violations enumerated under sub. (2), a forfeiture of not more than $1,000 for each separate offense.
History:  2015 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.51 - Statewide peddler's licenses for ex-soldiers.

440.51
Statewide peddler's licenses for ex-soldiers.
Any ex-soldier of the United States in any war, who has a 25 percent disability or more or has a cardiac disability recognized by the U.S. department of veterans affairs, and any person disabled to the extent of the loss of one arm or one leg or more or who has been declared blind as defined under Title XVI of the social security act, shall, upon presenting the department proof of these conditions, be granted a special statewide peddler's license without payment of any fee. The person must have been a bona fide resident of this state for at least 5 years preceding the application. While engaged in such business the person shall physically carry the license and the proof required for its issuance. A blind person shall also carry an identification photograph which is not more than 3 years old. A license issued under this section shall not entitle a blind person to peddle for hire for another person. A license issued under this section is permanent unless suspended or revoked by the department.
History:  1977 c. 399; 1989 a. 56; 1991 a. 39; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.60 - Definitions.

440.60
Definitions.
As used in this subchapter unless the context requires otherwise:
(1)
“Aesthetician" has the meaning specified in s. 454.01 (1).
(2)
“Aesthetics" has the meaning specified in s. 454.01 (2).
(4e)
“Barber" has the meaning specified in s. 454.20 (1).
(4m)
“Barbering" has the meaning specified in s. 454.20 (2).
(5e)
“Cosmetologist" has the meaning specified in s. 454.01 (7e).
(5m)
“Cosmetology" has the meaning specified in s. 454.01 (7m).
(6)
“Electrologist" has the meaning specified in s. 454.01 (8).
(7)
“Electrology" has the meaning specified in s. 454.01 (9).
(8)
“Establishment" has the meaning specified in s. 454.01 (10).
(11)
“Manicuring" has the meaning specified in s. 454.01 (13).
(12)
“Manicurist" has the meaning specified in s. 454.01 (14).
(13)
“Practical instruction" means training through action or direct contact with a patron or model other than a mannequin.
(14)
“School" means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring.
(15)
“Specialty school" means an establishment that offers instruction in aesthetics, electrology or manicuring.
(16)
“Student" has the meaning specified in s. 454.01 (15).
(17)
“Theoretical instruction" means training through the study of principles and methods.
(18)
“Training hour" has the meaning specified in s. 454.01 (16).
History:  1987 a. 265; 2011 a. 190; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.61 - Applicability.

440.61
Applicability.
This subchapter does not apply to any of the following:
(1)
Schools regulated or approved by the technical college system board.
(2)
Schools operated by the department of health services or the department of corrections.
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).
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.635 - Persons providing practical instruction in specialty schools.

440.635
Persons providing practical instruction in specialty schools.
(1)
No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetologist license or aesthetician license issued by the cosmetology examining board.
(2)
No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license issued by the cosmetology examining board.
(3)
No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetologist license or manicurist license issued by the cosmetology examining board.
History:  1987 a. 265; 2011 a. 190; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.64 - Regulation of schools and specialty schools.

440.64
Regulation of schools and specialty schools.
(1)
Duties of department.
(a)
The department shall investigate the adequacy of the courses of instruction and instructional materials and equipment at schools and specialty schools and review those courses of instruction, instructional materials, and equipment for compliance with minimum standards established by rules of the department or cosmetology examining board, as appropriate.
(b)
The department shall promulgate rules:
1.
Establishing standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
2.
Regulating the negotiability of promissory instruments received by schools and specialty schools in payment of tuition and other charges.
3.
Establishing minimum standards for the refund of portions of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from a course or course of instruction.
4.
Requiring schools and specialty schools to furnish information to the department concerning their facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours, contracts, financial records, tuition and other charges and fees, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.
(2)
Auditors and inspectors.
(a)
The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.
(b)
An auditor or inspector appointed under par. (a) may enter and audit or inspect any school or specialty school at any time during business hours.
(3)
Investigations, hearings, reprimands, denials, limitations, suspensions and revocations.
(a)
Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
(b)
Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or deny, limit, suspend, or revoke a license under this subchapter if it finds that the applicant or licensee has done any of the following:
1.
Made a material misstatement in an application for licensure, certification or renewal.
2.
Advertised in a manner which is false, deceptive or misleading.
3.
Violated this subchapter or any rule promulgated under this subchapter.
(c)
In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license under par. (b), the department may assess against a school or specialty school a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b).
History:  1987 a. 265; 2011 a. 190; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.70 - Definitions.

440.70
Definitions.
As used in this subchapter:
(1)
“Authorization form" means a form specified in s. 440.73.
(3)
“Business entity" has the meaning given in s. 452.01 (3j).
(4)
“Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.
(5)
“Cremated remains" means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part.
(6)
“Cremation" means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments.
(7)
“Cremation chamber" means an enclosed space within which cremation takes place.
(8)
“Crematory" means a building or portion of a building within which a cremation chamber is located.
(9)
“Crematory authority" means a person who owns or operates a crematory.
(10)
“Funeral director" has the meaning given in s. 445.01 (5).
(11)
“Funeral establishment" has the meaning given in s. 445.01 (6).
(12)
“Human remains" means the body or part of the body of a deceased individual.
(14)
“Niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.
History:  2005 a. 31, 254.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.71 - Registration; renewal.

440.71
Registration; renewal.
(1)
Prohibition. No person may cremate human remains unless the department has registered the person as a crematory authority under sub. (2).
(2)
Registration. The department shall register a person as a crematory authority if the person does all of the following:
(a)
Pays the initial credential fee determined by the department under s. 440.03 (9) (a).
(b)
Submits an application on a form provided by the department that includes all of the following:
1.
The name and address of the applicant or the business entity that the applicant represents.
2.
The address of the crematory.
3.
A description of the structure and equipment proposed to be used in operating the crematory.
4.
Any other information that the department may require.
(3)
Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).
History:  2005 a. 31; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.73 - Authorization forms.

440.73
Authorization forms.
A person who is authorized to direct the cremation of the human remains of a decedent may do so only by completing a form that includes all of the following:
(1)
The name of the decedent and the date and time of the decedent's death.
(2)
The name of the person directing the cremation and his or her relationship to the decedent.
(3)
A statement that the person directing the cremation has the authority to direct the cremation.
(4)
A statement that the person directing the cremation has no reason to believe that the decedent's remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
(5)
The name of the funeral director, funeral establishment, or cemetery that the person directing the cremation authorizes to receive the cremated remains or, if alternative arrangements are made for receiving the cremated remains, a description of those arrangements.
(6)
If known by the person directing the cremation, the manner in which the cremated remains are to be disposed.
(7)
An itemized list of valuables on the decedent's person that are to be removed prior to cremation and returned to the person directing the cremation.
(8)
If a viewing or other services are planned, the date and time of the viewing or services.
(9)
The signature of the person directing the cremation attesting to the accuracy of the representations contained on the form.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.75 - Liability of a person who directs the cremation of human remains.

440.75
Liability of a person who directs the cremation of human remains.
A person who directs the cremation of human remains is liable for damages resulting from authorizing the cremation of the human remains of a decedent.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.76 - Revocation of authorization.

440.76
Revocation of authorization.
Before a cremation is performed, a person directing the cremation of human remains may cancel the cremation by providing the crematory authority with a written statement revoking the authorization form. A person who revokes an authorization form shall provide the crematory authority with written instructions regarding the final disposition of the human remains.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.77 - Delivery and acceptance of human remains.

440.77
Delivery and acceptance of human remains.
(1)
Receipt for delivery. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following:
(a)
The name of the decedent.
(b)
The date and time that the human remains were delivered.
(c)
A description of the type of casket or container in which the human remains were delivered.
(d)
The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.
(e)
The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated.
(f)
The signature of the person who delivered the human remains.
(g)
The signature of the person who received the human remains on behalf of the crematory authority.
(2)
Acceptance of human remains.
(a)
A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed.
(b)
A crematory authority may refuse to accept delivery of human remains if any of the following apply:
1.
The casket or other container used for the human remains has evidence of leakage of bodily fluids.
2.
The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved.
3.
The crematory authority has reason to believe that a representation of the person directing the cremation of human remains is not true.
4.
The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.79 - Deliveries of cremated remains.

440.79
Deliveries of cremated remains.
A crematory authority may deliver cremated remains to another person only by making the delivery in person or by using a delivery service that has a system for tracking the delivery. The crematory authority shall obtain a signed receipt from the person to whom the cremated remains are delivered. The crematory authority shall ensure that the receipt includes all of the following:
(1)
The name of the decedent.
(2)
The date and time that the cremated remains were delivered.
(3)
The name and signature of the person to whom the cremated remains were delivered and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.
(4)
The name and signature of the person who delivered the cremated remains on behalf of the crematory authority.
History:  2005 a. 31, 254.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.80 - Disposition of cremated remains.

440.80
Disposition of cremated remains.
(1)
Responsible party.
(a)
Except as provided in par. (b), the person directing the cremation is responsible for determining the manner in which cremated remains are disposed.
(b)
If the person directing the cremation fails to determine the manner in which cremated remains are disposed, the crematory authority shall, no sooner than 30 days after cremation, deliver the cremated remains to the person who delivered the human remains to the crematory authority for cremation or the funeral establishment or other business entity with which that person is affiliated, neither of which may refuse to accept the cremated remains. No sooner than 60 days after the cremated remains are delivered under this paragraph, the person to whom they are delivered may determine the manner in which the cremated remains are disposed and shall make a written record of any determination that is made.
(c)
The person directing the cremation or the decedent's estate, or both, are liable for all reasonable expenses incurred in delivering and disposing of cremated remains under par. (b).
(2)
Manner of disposition. A person may dispose of cremated remains only in one of the following manners:
(a)
Placing the remains in a grave, niche, or crypt.
(b)
Disposing of the remains in any other lawful manner, but only if the remains are reduced to a particle size of one-eighth inch or less.
(3)
Commingling. Without the prior written consent of each person directing the cremation, no person may place cremated remains of more than one individual in the same container.
(4)
Prohibited sales. A crematory authority may not do any of the following:
(a)
Sell any material or device, including a prosthetic or medical device of a decedent, that is obtained from cremating the human remains of the decedent.
(b)
Resell any casket or other container that has been used for cremating human remains.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.81 - Records.

440.81
Records.
(1)
A crematory authority shall maintain a permanent record of each cremation at its place of business consisting of the name of the decedent, the date of the cremation, and a description of the manner in which the cremated remains are disposed.
(2)
A crematory authority shall maintain as permanent records the documentation specified in s. 440.78 (1) and copies of receipts under ss. 440.77 (1) and 440.79.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.82 - Exemptions from liability.

440.82
Exemptions from liability.
(1)
Except as provided in sub. (2), a crematory authority is immune from civil liability for damages resulting from cremating human remains, including damages to prosthetic or medical devices or valuables of the decedent, if the authority has complied with the requirements of this subchapter.
(2)
A crematory authority is liable for damages resulting from the authority's intentional misconduct, negligent conduct, or failure to return valuables specified on an authorization form under s. 440.73 (7).
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.83 - Electronic transmission permitted.

440.83
Electronic transmission permitted.
Any statement required to be in writing under s. 440.76, 440.78 (3) (b) or (5), or 440.80 (3) may be transmitted by facsimile.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.85 - Discipline.

440.85
Discipline.
(1)
Subject to the rules promulgated under s. 440.03 (1), the department may make investigations, including inspections, or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
(2)
Subject to the rules promulgated under s. 440.03 (1), the department may reprimand an individual registered under this subchapter or deny, limit, suspend, or revoke a registration under this subchapter if the department finds that the applicant or individual has done any of the following:
(a)
Made a material misstatement in an application for a registration or renewal of a registration.
(b)
Engaged in conduct while practicing as a crematory authority that evidences a lack of knowledge or ability to apply professional principles or skills.
(c)
Subject to ss. 111.321, 111.322, and 111.335, been arrested or convicted of an offense committed while registered under this subchapter.
(d)
Advertised in a manner that is false, deceptive, or misleading.
(e)
Advertised, practiced, or attempted to practice as a crematory authority under another person's name.
(f)
Violated this subchapter or a rule promulgated under this subchapter.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.86 - Penalties.

440.86
Penalties.
(1)
Any person who violates this subchapter or a rule promulgated under this subchapter may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(2)
In addition to or in lieu of the penalties under sub. (1) and the remedies under s. 440.85 (2), any person who violates this subchapter or a rule promulgated under this subchapter may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate violation.
History:  2005 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.87 - Exceptions.

440.87
Exceptions.
This subchapter does not apply to a person who is performing his or her duties as an officer of a public institution, medical school, medical college, county medical society, anatomical association, or accredited college of embalming, or to a person acting in accordance with a statute prescribing the conditions under which donated or indigent dead human bodies are held subject for anatomical study, or to a person who is acting according to the burial customs or rites of a religious sect to which the person belongs or subscribes.
History:  2005 a. 31.