reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.15 - Ineligibility.

452.15
Ineligibility.
(1)
Except as otherwise provided in sub. (2), no license may be issued under this chapter to any person whose license under this chapter has been revoked until the expiration of a period determined in each case by the board or, in the case of revocation under s. 452.17 (4) (a) 2., a period determined in each case by the board of not less than 5 years from the date the revocation became finally effective.
(2)
Issuance of a license to an individual whose license is revoked under s. 452.14 (3) (p) is subject to the provisions in s. 452.25 (1).
History:  1981 c. 94; 1983 a. 354; 1989 a. 341; 2013 a. 288; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.17 - Penalties.

452.17
Penalties.
(1)
Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as a broker or salesperson in this state without a license under this chapter shall be prosecuted by the district attorney in the county where the violation occurs or by the attorney general and may be fined not more than $1,000 or imprisoned not more than 6 months or both.
(3)
Any person who otherwise violates any provision of this chapter may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(4)
(a)
If the board finds that any licensee has violated s. 452.14 (3) (jm), the board:
1.
Shall, for the first offense, suspend the license of the licensee for not less than 90 days.
2.
Shall, for the 2nd offense, revoke the license of the licensee.
(b)
This penalty may be imposed in addition to any penalty imposed under this chapter or s. 66.1011 or 106.50.
History:  1981 c. 94; 1983 a. 354; 1987 a. 399; 1989 a. 95, 307, 341; 1995 a. 27; 1999 a. 82; 1999 a. 150 s. 672; 2011 a. 32; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.18 - Court review.

452.18
Court review.
Except as provided in ss. 73.0301 (2) (b) 1. a. and 2. and 108.227 (2) (b) 1. a. and (6), orders of the board and department shall be subject to review as provided in ch. 227.
History:  1981 c. 94; 1997 a. 237; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.19 - Fees and commissions.

452.19
Fees and commissions.
(1)
No licensee may pay a fee or a commission or any part thereof for performing any act specified in this chapter or as compensation for a referral or as a finder's fee to any person who is not licensed under this chapter or who is not regularly and lawfully engaged in the real estate brokerage business in another state, a territory or possession of the United States, or a foreign country.
(2)
If a licensee is associated with a firm, all fees or commissions and any part thereof for performing any act specified in this chapter and all compensation for a referral or as a finder's fee shall be paid to the firm.
History:  1981 c. 94; 1983 a. 464; 1985 a. 128; 1989 a. 307; 2015 a. 258; 2017 a. 365 s. 111.
Under s. 452.03 an agreement to pay a real estate brokerage commission to a person not licensed as a broker is void at its inception. Using a licensed broker who provides no actual services as a conduit for a fee to an unlicensed person does not create a co-brokerage arrangement authorized by s. 452.19. Badger III Ltd. v. Howard, Needles, Tammen & Bergendoff, 196 Wis. 2d 891, 539 N.W.2d 904 (Ct. App. 1995), 94-2531.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.20 - Limitation on actions for commissions.

452.20
Limitation on actions for commissions.
No person engaged in the business or acting in the capacity of a broker or salesperson within this state may bring or maintain an action in the courts of this state for the collection of a commission or compensation for the performance of any act mentioned in this chapter without alleging and proving that he or she was a duly licensed broker or salesperson at the time the alleged cause of action arose.
History:  1981 c. 94; 1987 a. 399; 1989 a. 56; 2015 a. 258.
A foreign corporation that contracts to sell a radio station without being licensed in this state cannot sue for its commission. The licensing requirement is not an unlawful burden on interstate commerce. Chapman Co. v. Service Broadcasting Corp. 52 Wis. 2d 32, 187 N.W.2d 794.
The prohibition against paying a commission to an unlicensed person acting as a broker is absolute and not conditioned on the innocence or lack of sophistication of the other contracting parties. Because a contract for a commission with a person not licensed as a broker is void from its inception, estoppel is not available to avoid the effect of the statute. Greenlee v. Rainbow Auction/Realty Co. 202 Wis. 2d 653, 553 N.W.2d 257 (Ct. App. 1996), 95-1463.
This section not applicable since broker as owners' agent was not attempting to negotiate the lease when conferring with his alleged principal in Wisconsin and therefore was not acting in the capacity of a broker in Wisconsin. Negotiation of lease occurred when broker met and conferred with prospective lessee either in Illinois or Tennessee. Paulson v. Shapiro, 490 F.2d 1.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.21 - Compensation presumed.

452.21
Compensation presumed.
In any prosecution for violation of this chapter, proof that a person acted as a broker or salesperson is prima facie proof that compensation therefor was received or promised.
History:  1981 c. 94; 1987 a. 399; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.22 - Certifications as evidence.

452.22
Certifications as evidence.
(1)
Copies of all documents, orders, resolutions and certificates made, executed or granted by the department or board, and of all papers filed with the department when certified by the secretary or his or her designee, under the official seal, shall be received in evidence in all cases the same as the originals.
(2)
The certificate of the chairperson of the board or his or her designee to the effect that a specified individual or business entity is not or was not on a specified date the holder of a broker's or salesperson's license, or that a specified license was not in effect on a date specified, or as to the issuance, limitation, suspension, or revocation of any license or the reprimand of any licensee, the filing or withdrawal of any application or its existence or nonexistence, is prima facie evidence of the facts stated in the certificate for all purposes in any action or proceedings.
History:  1981 c. 94; 1987 a. 399; 1995 a. 400; 2011 a. 32; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.23 - Disclosures, investigations and inspections by brokers and salespersons.

452.23
Disclosures, investigations and inspections by brokers and salespersons.
(1)
No licensee may disclose to any person in connection with the sale, exchange, purchase, or rental of real property information, the disclosure of which constitutes unlawful discrimination in housing under s. 106.50 or unlawful discrimination based on handicap under 42 USC 3604, 3605, 3606, or 3617.
(2)
A licensee is not required to disclose any of the following to any person in connection with the sale, exchange, purchase, or rental of real property:
(a)
That the property was the site of a specific act or occurrence, if the act or occurrence had no effect on the physical condition of the property or any structures located on the property.
(b)
Except as provided in sub. (3), information relating to the physical condition of the property or any other information relating to the real estate transaction, if a written report that discloses the information has been prepared by a qualified 3rd party and provided to the person. In this paragraph, “qualified 3rd party" means a federal, state, or local governmental agency, or any person whom the licensee or a party to the real estate transaction reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the 3rd party in order to prepare the written report.
(c)
The location of any adult family home, as defined in s. 50.01 (1), community-based residential facility, as defined in s. 50.01 (1g), or nursing home, as defined in s. 50.01 (3), in relation to the location of the property.
(d)
Except as provided in s. 452.24, any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.
(3)
A licensee shall disclose to the parties to a real estate transaction any facts known by the licensee that contradict any information included in a written report described under sub. (2) (b).
(4)
In performing an investigation or inspection and in making a disclosure in connection with a real estate transaction, a licensee shall exercise the degree of care expected to be exercised by a reasonably prudent person who has the knowledge, skills, and training required for licensure under this chapter.
History:  1989 a. 341; 1995 a. 27; 1999 a. 82, 89; 2015 a. 258.
An independent inspection by a qualified third party operates to relieve a broker from liability for disclosures related to the physical condition of the property. Conell v. Coldwell Banker, 181 Wis. 2d 894, 512 N.W.2d 239 (Ct. App. 1994).
Sub. (2) (b) relieves a broker from the obligation to disclose information disclosed in a 3rd party report. Sub. (2) (b) does not apply to a separate affirmative act of negligence and does not preclude a broker's liability for a breach of other duties. Johnson v. Neuville, 226 Wis. 2d 365, 595 N.W.2d 100 (Ct. App. 1999), 98-1680.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.24 - Disclosure duty; immunity for providing notice about the sex offender registry.

452.24
Disclosure duty; immunity for providing notice about the sex offender registry.
(1)
If, in connection with the sale, exchange, purchase or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase or rental for information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.
(2)
Notwithstanding sub. (1), the licensee is immune from liability for any act or omission related to the disclosure of information under sub. (1) if the licensee in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.
History:  1999 a. 89; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.25 - Criminal convictions and disclosures.

452.25
Criminal convictions and disclosures.
(1)
Felony convictions.
(a)
Notwithstanding ss. 111.321, 111.322, and 111.335, and except as provided in pars. (b) to (e), no applicant who is an individual may be issued an initial broker's or salesperson's license if the applicant has been convicted of a felony.
(b)
If an applicant has been convicted of a felony described under par. (a); the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license.
(c)
If an applicant applies for a determination under par. (b), the board may require the applicant to provide any information that is necessary for the investigation and shall make a determination by doing all of the following:
1.
Reviewing any information relating to the felony.
2.
Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson.
3.
Considering all of the following factors:
a.
The severity and nature of the felony.
b.
The amount of time that has elapsed.
c.
The number or pattern of felonies or other similar incidents that gave rise to the felony conviction.
d.
The circumstances surrounding the felony that may have a bearing on whether the applicant might repeat the behavior that was the subject of the felony.
e.
The relationship of the felony to real estate practice.
f.
The applicant's activities since the felony, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
(d)
With respect to a determination under par. (c), the applicant bears the burden of demonstrating his or her suitability for licensure.
(e)
If the board makes a determination under par. (c) to allow an applicant to be granted a broker's or salesperson's license, the applicant shall be granted the license if the applicant satisfies all other requirements for granting the license.
(f)
This subsection does not apply to the renewal of a license.
(2)
False affirmations.
(a)
No person may intentionally submit any false information on a form created by the board under s. 111.335 (4) (f) 5. or 452.05 (1) (i).
(b)
No applicant may be issued an initial broker's or salesperson's license, and no applicant may renew such a license, if the applicant has violated par. (a) and failed to pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation.
History:  2013 a. 288; 2015 a. 258; 2017 a. 110, 278.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.34 - Unlicensed personal assistants.

452.34
Unlicensed personal assistants.
(1)
In this subsection, “unlicensed personal assistant" means an individual, including an individual who is licensed under this chapter, who is employed only to provide services for which a license is not required under this chapter as provided in s. 452.03 (2).
(2)
A licensee associated with a firm, prior to retaining an individual to serve as an unlicensed personal assistant, shall enter into a written agreement with the licensee's firm, setting forth the duties of the unlicensed personal assistant, the manner in which the unlicensed personal assistant will be compensated for his or her services, and the responsibilities of the licensee and the firm with respect to supervision of the unlicensed personal assistant's activities.
(3)
(a)
In this subsection, “open house" means a showing of real estate open to the public for viewing without an individual appointment.
(b)
An unlicensed personal assistant may not assist a licensee at an open house for the sale of real estate or a business without the direct, on-premises supervision and presence of a licensee, and may not provide any services at an open house for which a license is required under this chapter.
History:  2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.38 - Independent contractor relationship.

452.38
Independent contractor relationship.
(1)
Except as otherwise provided in s. 102.078, a licensee shall not, under ch. 102, 103, 104, or 109, under subch. X of ch. 71 or subch. II of ch. 111, under any other law or rule other than those specified under sub. (1m), or in any action or proceeding under the common law, be considered an employee of a firm if all of the following are satisfied:
(a)
A written agreement has been entered into with the firm that provides that the licensee shall not be treated as an employee for federal and state tax purposes.
(b)
Seventy-five percent or more of the compensation related to sales or other output, as measured on a calendar year basis, paid to the licensee pursuant to the written agreement referenced under par. (a) is directly related to the brokerage services performed by the licensee on behalf of the firm.
(1m)
This section does not apply with respect to ch. 108 or any rules promulgated thereunder.
(2)
(a)
Subsection (1) applies notwithstanding the requirements and responsibilities of a firm under s. 452.132 and any rules promulgated by the board.
(b)
Subsection (1) applies regardless of the licensee's status as a supervising broker under s. 452.132 and any actions taken by the licensee as a supervising broker under s. 452.132.
(3)
In the case of an individual who is engaged as both an independent contractor and an employee for the same firm, sub. (1) applies only with respect to activities covered under the written agreement referenced under sub. (1) (a).
History:  2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.40 - Use of forms; provision of legal advice.

452.40
Use of forms; provision of legal advice.
(1)
(a)
In this subsection, “use a form" means to complete a form by filling in blanks or modifying printed provisions on the form at the instruction of one or more parties with whom a licensee is working or representing in a specific transaction.
(b)
A firm and any licensee associated with the firm may use a form approved by the board under s. 452.05 (1) (b) in real estate practice.
(2)
A licensee may not provide advice or opinions concerning the legal rights or obligations of parties to a transaction, the legal effect of a specific contract or conveyance, or the state of title to real estate. A licensee may provide a general explanation of the provisions in a form approved by the board under s. 452.05 (1) (b) to the parties to a transaction at the time of completing the form or when delivering an approved form for the seller's or buyer's acceptance. Reviews conducted by a supervising broker under s. 452.132 (4) shall not be considered to be the provision of legal advice or opinion.
History:  2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.42 - Records retention.

452.42
Records retention.
(1)
In this section, “electronic" has the meaning given in s. 137.11 (5).
(2)
A licensee shall retain documents or records related to a transaction, as determined by the board, in accordance with any rules promulgated by the board. Records described in this section may be retained in an electronic file format.
History:  2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.01 - Definitions.

454.01
Definitions.
In this subchapter:
(1)
“Aesthetician" means a person who practices aesthetics.
(2)
“Aesthetics" means, for compensation, caring for or beautifying the skin of the human body, including but not limited to cleaning, applying cosmetics, oils, lotions, clay, creams, antiseptics, powders or tonics to or massaging, stimulating, wrapping or exercising the skin of the human body.
(3)
“Apprentice" means a person who is learning the practice of barbering or cosmetology under s. 454.10.
(5m)
“Barbering" has the meaning given in s. 454.20 (2).
(7)
“Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
(7e)
“Cosmetologist" means a person who practices cosmetology.
(7m)
“Cosmetology" means, for compensation, performing one or more of the following:
(a)
Barbering.
(b)
Aesthetics.
(c)
Manicuring.
(d)
The removal of hair of any person at the root, except by use of an electric needle.
(8)
“Electrologist" means a person who practices electrology.
(9)
“Electrology" means, for compensation, removing hair from the human body by use of an electric needle.
(10)
“Establishment" means any place in which barbering, cosmetology, aesthetics, electrology, or manicuring is performed.
(11)
“Examining board" means the cosmetology examining board.
(11m)
“Inactive license" means a license issued under s. 454.06 (2) to (6) that is classified as inactive by the examining board under s. 454.06 (8m).
(13)
“Manicuring" means, for compensation, cleansing, cutting, shaping, beautifying or massaging limited to the hands, feet or nails of the human body.
(14)
“Manicurist" means a person who practices manicuring.
(15)
“Student" means a person who is learning and not licensed to practice barbering, cosmetology, aesthetics, electrology, or manicuring at a school licensed under s. 440.62 (3) or exempted under s. 440.61 or a specialty school licensed under s. 440.62 (4).
(15m)
“Theoretical instruction" has the meaning given in s. 440.60 (17).
(16)
“Training hour" means at least 50 minutes but not more than 60 minutes of instruction.
History:  1987 a. 265; 2011 a. 146, 190; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.02 - Limitations and exceptions.

454.02
Limitations and exceptions.
(1)
A license to practice cosmetology does not confer the right to diagnose, prescribe for, or treat diseases or conditions except as indicated in the definition of cosmetology in s. 454.01 (7m) or under the direction of a licensed and practicing physician.
(2)
Cosmetology, aesthetics, electrology, and manicuring do not include any of the following:
(a)
Services performed by a person licensed, certified or registered under the laws of this state as a physician, physician assistant, podiatrist, physical therapist, nurse or funeral director if those services are within the scope of the license, certificate or registration.
(b)
Personal care services performed in correctional institutions, hospitals and licensed nursing homes under the supervision of a person responsible for inmate or patient care.
(3)
Cosmetology, aesthetics, and manicuring do not include any of the following:
(a)
Services performed by masseurs or masseuses.
(b)
A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.
(bm)
A service performed in the course of the production of any digital, analog, or other recording of a moving or still image intended for public release or broadcast, including through the Internet.
(c)
Aesthetics, if performed on the face to demonstrate a product without compensation from a patron other than the sale of the product.
History:  1987 a. 265; 1993 a. 105; 2011 a. 190; 2013 a. 356.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.04 - Practice.

454.04
Practice.
(1)
(a)
Except as permitted under pars. (b) and (d), sub. (1m), and subch. II, no person may engage in cosmetology unless the person has received training in the areas of service provided and holds a current cosmetologist license issued by the examining board that is not an inactive license or temporary permit issued by the examining board or is an apprentice under s. 454.10 or a student in a cosmetology course of instruction.
(b)
No person may engage in aesthetics unless the person has received training in the areas of service provided and holds a current aesthetician license or cosmetologist license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in an aesthetics or cosmetology course of instruction.
(c)
No person may engage in electrology unless the person holds a current electrologist license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is a student in an electrology course of instruction.
(d)
No person may engage in manicuring unless the person has received training in the areas of service provided and holds a current manicurist license or cosmetologist license issued by the examining board that is not an inactive license or temporary permit or training permit issued by the examining board or is an apprentice under s. 454.10 or a student in a manicuring or cosmetology course of instruction.
(1m)
No license is required under this subchapter for the use of thread to remove hair from the eyebrow, upper lip, or other area of the face of a person.
(2)
(a)
No person may use the title “cosmetologist" or any other similar title unless the person holds a current cosmetologist license issued by the examining board that is not an inactive license.
(b)
No person may use the title “aesthetician" or any other similar title unless the person holds a current aesthetician license or cosmetologist license issued by the examining board that is not an inactive license.
(c)
No person may use the title “electrologist" or any other similar title unless the person holds a current electrologist license issued by the examining board that is not an inactive license.
(d)
No person may use the title “manicurist" or any other similar title unless the person holds a current manicurist license or cosmetologist license issued by the examining board that is not an inactive license.
History:  1987 a. 265; 1995 a. 231; 2011 a. 190; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.07 - Examinations.

454.07
Examinations.
(1)
The examining board shall, in accordance with s. 440.07 (2), conduct examinations for cosmetologist, aesthetician, electrologist, and manicurist licenses not less than 8 times annually, at times and places determined by the examining board.
(2)
Examinations of applicants for licenses issued under s. 454.06 (2) to (6) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to practice and public health and safety.
(4)
An applicant shall file an application for examination in the office of the examining board at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the examining board may postpone the applicant's examination to the date of the next available regular examination. The examining board may require an applicant who fails to appear for or to complete an examination to reapply for examination. An applicant who fails an examination may request reexamination and shall pay a fee for reexamination, according to the procedures and fees established under s. 440.06.
History:  1987 a. 265; 2011 a. 190; 2013 a. 114; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.075 - Examining board approval of accrediting agencies.

454.075
Examining board approval of accrediting agencies.
The examining board shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter.
History:  2013 a. 356.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.10 - Apprenticeship.

454.10
Apprenticeship.
(1)
All apprentices shall be employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the examining board.
(2)
Apprentices shall receive at least 3,712 hours of practical training and at least 288 training hours of theoretical instruction in a school of cosmetology licensed under s. 440.62 (3) (ar), exempted under s. 440.61, or accredited by an accrediting agency approved by the board in order to complete the apprenticeship program and be eligible to take the examination for a cosmetologist license. Apprentices shall receive training for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years.
(3)
(a)
No apprentice under this section may practice cosmetology except under the supervision of a licensed cosmetologist whose cosmetology license is not an inactive license and who has completed at least 2,000 hours of practice as a licensed cosmetologist.
(b)
Apprentices shall be trained in all branches of practical work and in all subjects required to be taught in schools of barbering or cosmetology as prescribed by the examining board by rule.
(4)
A person who has successfully completed the requirements of sub. (2) may not continue to practice as an apprentice but may apply for a temporary permit under s. 454.06 (10) (a).
History:  1987 a. 265; 1995 a. 27 s. 9130 (4); 1995 a. 231; 1997 a. 3; 2009 a. 189, 291; 2011 a. 190; 2013 a. 356; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.12 - Continuing education.

454.12
Continuing education.
The examining board may impose continuing education requirements on a person who holds a license under this subchapter that is not an inactive license as a part of the disciplinary process to ensure competency.
History:  1987 a. 265; 2011 a. 190; 2017 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.125 - Regulatory updates.

454.125
Regulatory updates.
(1)
At the time the department gives notice of renewal under s. 440.08 (1), the department shall send, by electronic mail, to each person granted a license under s. 454.06 (2) to (6) a digest that describes changes to statutes and rules that affect the practice of cosmetology, aesthetics, manicuring, or electrology.
(2)
The department shall make available at all times on its Internet site the digest described in sub. (1).
History:  2017 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.13 - Licensees of other jurisdictions.

454.13
Licensees of other jurisdictions.
(1)
Upon application and payment of the fee specified in s. 440.05 (2), the examining board may issue a license to practice cosmetology, aesthetics, electrology, or manicuring to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by licensees in this state and to whom either of the following applies:
(a)
The applicant completes a one-hour course educating the applicant on statutes and rules that apply to the practice, has never been disciplined by the licensing authority of another jurisdiction, and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated the law relating to the licensed practice.
(b)
The applicant meets the requirements established in a reciprocal agreement under sub. (2) between the examining board and the licensing authority in the state where the applicant is licensed.
(2)
The examining board may enter into reciprocal agreements with officials of other states for licensing cosmetologists, aestheticians, electrologists, and manicurists and grant licenses to persons licensed in other states according to the terms of such an agreement.
History:  1987 a. 265; 2011 a. 190; 2017 a. 81, 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.14 - Inspections.

454.14
Inspections.
(1)
The department shall appoint inspectors under the classified service to inspect licensed establishments.
(2)
An inspector appointed under sub. (1) may enter and inspect any licensed establishment at any time during business hours.
History:  1987 a. 265.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.145 - Disclosure of temporary permit status.

454.145
Disclosure of temporary permit status.
A person practicing under a temporary permit issued under s. 454.06 (10) shall, before performing a service that he or she is authorized to perform by the temporary permit, inform the person who is receiving the service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a license for the applicable occupation.
History:  1995 a. 231.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.15 - Disciplinary proceedings and actions.

454.15
Disciplinary proceedings and actions.
(1)
Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations or conduct hearings to determine whether a person has violated this subchapter or any rule promulgated under this subchapter.
(2)
Subject to the rules promulgated under s. 440.03 (1) and this subchapter, the examining board may revoke, limit, suspend, or refuse to issue or renew, in accordance with the severity of the violation, a license or permit issued under this subchapter or reprimand the holder of a license or permit issued under this subchapter if it finds that the holder or applicant has done any of the following:
(a)
Made a material misstatement in an application for license or permit or renewal, or in an application to classify a license as an inactive license.
(b)
Failed to correct or take substantial steps approved by the examining board to correct a violation of any sanitary or other rule of the examining board within the time limit stated by the examining board in a notification of violation.
(c)
Engaged in conduct in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring that evidences a lack of knowledge or ability to apply professional principles or skills.
(d)
Subject to ss. 111.321, 111.322, and 111.335, been convicted of a felony committed while engaged in the practice of barbering, cosmetology, aesthetics, electrology, or manicuring.
(e)
Continued practice while knowingly having an infectious, contagious or communicable disease.
(f)
Advertised in a manner which is false, deceptive or misleading.
(g)
Advertised, practiced or attempted to practice under another's name or another's trade name.
(h)
Subject to ss. 111.321, 111.322 and 111.34, been addicted to alcohol or other drugs to an extent related to the individual's ability to adequately undertake the job-related responsibilities of that individual's licensure.
(i)
Violated this subchapter or any rule promulgated under this subchapter.
(j)
Violated subch. II or any rule promulgated under subch. II.
(3)
The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or permit, assess against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense.
History:  1987 a. 265; 1991 a. 39; 2011 a. 190.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.16 - Penalties.

454.16
Penalties.
Any person who violates this subchapter or any rule promulgated under this subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both.
History:  1987 a. 265; 2011 a. 190.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.20 - Definitions.

454.20
Definitions.
In this subchapter:
(1)
“Barber" means a person who practices barbering.
(2)
“Barbering" means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waxing, waving, straightening, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair of the head, neck, or face of any person by any means. “Barbering" does not include the removal of a person's hair at the root, natural hair braiding, or the application of temporary or permanent eyelash extensions to the eyelashes of a person.
(5)
“Cosmetology" has the meaning given in s. 454.01 (7m).
(6)
“Establishment" has the meaning given in s. 454.01 (10).
(7)
“Licensed barber" means a person licensed by the department under s. 454.23 (2) whose license is not an inactive license under s. 454.23 (6).
(8)
“Licensed barbering establishment" means an establishment licensed by the department under s. 454.25 (2).
(10)
“Licensed cosmetologist" means a person licensed by the cosmetology examining board under s. 454.06 (2) whose license is not an inactive license under s. 454.06 (8m).
(11)
“Licensed cosmetology establishment" means an establishment licensed by the cosmetology examining board under s. 454.08 (2) (a).
(11m)
“Mechanical device” means a clip, comb, crochet hook, curler, curling iron, hairpin, roller, scissors, needle, thread, or hair binder.
(12m)
(a)
“Natural hair braiding” means twisting, wrapping, weaving, extending, locking, crocheting, or braiding hair by hand or with a mechanical device. “Natural hair braiding” includes all of the following:
1. Using natural or synthetic hair extensions, natural or synthetic hair or fibers, decorative beads, and other hair accessories.
2. Trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, crocheting, or braiding hair.
3. Making wigs from natural hair, natural fibers, synthetic fibers, or hair extensions.
4. Using topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos in conjunction with an activity described in this paragraph.
(b) “Natural hair braiding” does not include any of the following:
1. The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.
2. Using chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds.
(13)
“Student" has the meaning given in s. 454.01 (15).
(14)
“Training hour" has the meaning given in s. 454.01 (16).
History:  2011 a. 190; 2013 a. 205; 2017 a. 82; 2021 a. 60.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.21 - Limitations and exceptions.

454.21
Limitations and exceptions.
Barbering does not include any of the following:
(1)
A service performed by a person licensed, certified, or registered under the laws of this state as a physician, physician assistant, nurse, or funeral director if the service is within the scope of the license, certificate, or registration.
(2)
A service performed in a correctional institution, hospital, or licensed nursing home under the supervision of a person responsible for inmate or patient care.
(3)
(a)
A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.
(b)
A service performed in the course of the production of any digital or analog recording of a moving or still image intended for public release or broadcast, including through the Internet.
History:  2011 a. 190; 2013 a. 165 s. 114; 2013 a. 356.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.22 - Practice.

454.22
Practice.
(1)
No person may engage in barbering unless the person is one of the following:
(a)
A licensed barber.
(c)
An apprentice in barbering under s. 454.26.
(d)
A student in a barbering course of instruction.
(e)
A person who holds a temporary permit to practice barbering granted by the department under s. 454.23 (7).
(f)
A licensed cosmetologist.
(h)
An apprentice in cosmetology under s. 454.10.
(i)
A student in a cosmetology course of instruction.
(j)
A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s. 454.06 (10).
(2)
No person may use the title “barber" or “hairstylist" or any other similar title unless the person is a licensed barber or licensed cosmetologist.
History:  2011 a. 190; 2013 a. 165 s. 114; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.24 - Examinations.

454.24
Examinations.
(1)
The department shall, in accordance with s. 440.07 (2), conduct examinations for barber licenses at least 8 times annually, at times and places determined by the department.
(2)
The examination for a license under s. 454.23 (2) shall consist of written tests and practical demonstrations requiring applicants to demonstrate minimum competency in services and subjects substantially related to the practice of a barber and public health and safety.
(4)
An applicant for a license under s. 454.23 (2) shall file an application for examination in the office of the department at least 3 weeks before the examination. If an applicant fails to file the application within the required time, the department may postpone the applicant's examination to the date of the next available regular examination. The department may require an applicant who fails to appear for or to complete an examination to reapply for examination. An applicant who fails an examination may request reexamination and shall pay a fee for reexamination, according to the procedures and fees established under s. 440.06.
History:  2011 a. 190; 2013 a. 114; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.245 - Department approval of accrediting agencies.

454.245
Department approval of accrediting agencies.
The department shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter.
History:  2013 a. 356.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.26 - Apprenticeship.

454.26
Apprenticeship.
(1)
An apprentice in barbering shall be employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the department.
(2)
An apprentice in barbering shall receive at least 1,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not more than 4 years.
(3)
(a)
An apprentice in barbering may not practice barbering except under the supervision of a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of practice as a licensed barber or licensed cosmetologist.
(b)
An apprentice in barbering shall be trained in all branches of practical work and in all subjects required to be taught in a school of barbering as prescribed by the department by rule.
(4)
A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7).
History:  2011 a. 190; 2013 a. 205, 356; 2015 a. 195; 2017 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.265 - Continuing education.

454.265
Continuing education.
The department may impose continuing education requirements on a person who holds a license under this subchapter that is not an inactive license as a part of the disciplinary process to ensure competency.
History:  2011 a. 190; 2017 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.267 - Regulatory updates.

454.267
Regulatory updates.
(1)
At the time the department gives notice of renewal under s. 440.08 (1), the department shall send, by electronic mail, to each person granted a license under s. 454.23 a digest that describes changes to statutes and rules that affect the practice of barbering.
(2)
The department shall make available at all times on its Internet site the digest described in sub. (1).
History:  2017 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.27 - Licensees of other jurisdictions.

454.27
Licensees of other jurisdictions.
(1)
Upon application and payment of the fee specified in s. 440.05 (2), the department may grant a license to practice barbering to an applicant who is licensed in another state or territory of the United States or in another country to perform services that are substantially the same as those performed by a licensed barber in this state and to whom at least one of the following applies:
(a)
The applicant completes a one-hour course educating the applicant on statutes and rules that apply to the practice, has never been disciplined by the licensing authority of another jurisdiction, and is not a party to a proceeding before the licensing agency in which it is alleged that the applicant was negligent in the licensed practice or violated any law relating to the licensed practice.
(b)
The applicant meets the requirements established in a reciprocal agreement under sub. (2) between the department and the licensing authority in the state where the applicant is licensed.
(2)
The department may enter into a reciprocal agreement with the officials of another state for the licensing of barbers in this state and may grant a license to a person licensed in the other state according to the terms of that agreement.
History:  2011 a. 190; 2017 a. 81, 82.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.28 - Inspections.

454.28
Inspections.
(1)
The department shall appoint inspectors under the classified service to inspect licensed barbering establishments.
(2)
An inspector appointed under sub. (1) may enter and inspect any licensed barbering establishment at any time during business hours.
History:  2011 a. 190.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.285 - Disclosure of temporary permit status.

454.285
Disclosure of temporary permit status.
A person practicing under a temporary permit to practice barbering granted under s. 454.23 (7) shall, before performing any barbering services, inform the person receiving the barbering service that he or she is practicing under a temporary permit and that he or she has satisfied all requirements except passage of an examination for a barbering license.
History:  2011 a. 190.
2023 Wisconsin Statutes & Annotations › Chapter 454 - Barbering and cosmetology. › 454.287 - Advisory committee.

454.287
Advisory committee.
The secretary shall appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of barbers and barbering establishments under this subchapter and the rules required under s. 440.62 (5) (b) 2.
History:  2011 a. 190; 2017 a. 82.