reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter VII - Experience › Section SPS 85.710 - Verification of appraisal experience

Current through June 24, 2024
For purposes of verifying appraisal experience claimed
						under this chapter, the department may require an applicant to submit any of
						the following:
(1) Business records,
					 including tax records, which clearly demonstrate the practice of residential or
					 commercial appraising claimed by the applicant.
(2) Employment records provided by an
					 employer which verify the applicant's experience as an appraiser or assessor.
					 Employment records shall verify the number of hours employed, the type of
					 experience, and a description of the applicant's duties.
(3) Employment records provided by an
					 official of a lending institution, insurance company, or similarly regulated
					 agency, which verifies the applicant's experience as a review
					 appraiser.
(4) Copies of any
					 appraisal listed in the documentation of experience required under s.
					 SPS
					 85.700(3). The department may contact
					 any person listed on the application to obtain additional information about the
					 experience of the applicant.
(5)
					 Records of the department of revenue or a local governmental body that document
					 the applicant's experience as an assessor, including all of the following:
(a) A job description which identifies the
					 job components relevant to practice as an assessor and the number of hours
					 spent performing each component.
(b) Documents that demonstrate the
					 applicant's performance of the following components of the mass appraisal
					 process in accordance with Standards 5 and 6 of the Uniform Standards of
					 Professional Appraisal Practice:
1. Highest
					 and best use study.
2. Model
					 specification.
3. Model
					 calibration.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter VIII - Education › Section SPS 85.800 - Course approval

Current through June 24, 2024
(1) Except as provided in sub. (9), all
					 educational courses designed to meet the requirements in s.
					 458.06(2) (d), (3) (b) or (4)
					 (b), Stats., s.
					 458.08(3)
					 (c), Stats., and this chapter, shall be
					 submitted to the department for approval.
Note:
Information relating to course
						approval is available from the department's website at
http://dsps.wi.gov
.
(2) Credit toward the course requirement may
					 be granted only if the length of the educational course is at least 15 hours of
					 instruction and the individual successfully completes an examination pertinent
					 to that course.
(3) Credit may be
					 granted for a distance education course that satisfies all requirements for a
					 continuing education course established by the AQB that are in effect at the
					 time the course is completed.
Note:
The AQB may be contacted at
						info@appraisalfoundation.org, (202) 347-7722, or
www.appraisalfoundation.org
.
(4) Course instructors shall be approved by
					 the department. An instructor whose appraiser certificate has been limited,
					 suspended, or revoked may not instruct in approved courses while the
					 disciplinary action is in effect. An approved instructor shall possess at least
					 one of the following qualifications:
(a) Be an
					 instructor of appraisal courses who teaches or has taught appraisal courses at
					 an accredited college or university.
(b) Be a licensed or certified appraiser who
					 has engaged in appraisal practice relevant to the subject matter being taught
					 for at least 5 years.
(c) Be an
					 instructor of assessor education courses who is approved by the department of
					 revenue to teach assessor education programs that are relevant to appraisal
					 practice.
(d) Be an instructor who
					 teaches appraisal courses approved by the AQB.
(e) If applying to teach the 15-Hour National
					 USPAP Course, or its equivalent, be a certified residential or general
					 appraiser, and be certified by the AQB as an instructor to teach that course.
					 Course equivalency shall be determined through the AQB course approval program
					 or by an alternate method established by the AQB.
(f) Be an instructor who teaches an appraiser
					 or assessor course approved by another state of the United States that is
					 relevant to appraisal practice.
(g)
					 Be an instructor who, in the judgment of the department, is qualified to teach
					 course work that is relevant to appraisal practice.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter VIII - Education › Section SPS 85.820 - Distance Education

Current through June 24, 2024
A distance education course is acceptable to meet class
						hour requirements if all of the following occur:
(1) The course provides a reciprocal
					 environment where the student has verbal or written interaction with the
					 instructor.
(2) Except as provided
					 under sub. (2m), the content for the distance education course has been
					 approved by any of the following:
(a) The
					 AQB.
(b) A state appraiser
					 regulatory jurisdiction.
(c) An
					 accredited college, community college, or university that offers distance
					 education programs.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter VIII - Education › Section SPS 85.830 - Approved providers

Current through June 24, 2024
Credit for the class hour requirement under ss.
						SPS
						85.320, 85.420, and 85.520 may be obtained only from
						the following providers:
(1) Colleges
					 or universities.
(2) Community or
					 junior colleges.
(3) Real estate
					 appraisal or real estate related organizations.
(4) State or federal agencies or
					 commissions.
(5) Proprietary
					 schools.
(6) Providers approved by
					 the state certification or licensing agencies.
(7) The Appraisal Foundation or its
					 boards.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter VIII - Education › Section SPS 85.840 - College degree acceptance

Current through June 24, 2024
(1) Credit toward
					 qualifying education requirements may be obtained by completion of a degree in
					 real estate from an accredited, degree-granting college or university approved
					 by the Association to Advance Collegiate Schools of Business, or a regional or
					 national accreditation agency recognized by the U.S. department of education,
					 provided that the college or university has had its curriculum reviewed and
					 approved by the AQB.
(2) Education
					 may not be substituted for experience, except for approved practicum courses
					 under s.
					 SPS 85.700(1)
					 (e).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter IX - Continuing Education › Section SPS 85.900 - Continuing education

Current through June 24, 2024
(1) Except as provided under sub. (1m), every
					 certified and licensed appraiser shall complete at least 28 class hours of
					 continuing education in each biennial renewal period, including successful
					 completion of the 7-Hour National USPAP Update Course or its AQB-approved
					 equivalent.
(1m) If an appraiser is
					 initially licensed or certified within a biennial renewal period, the appraiser
					 shall complete 14 class hours of continuing education for each remaining year
					 or partial year of licensure or certification in that renewal period, including
					 successful completion of the 7-Hour National USPAP Update Course or its
					 AQB-approved equivalent.
(2)
					 Continuing education class hours may be applied only to satisfy the continuing
					 education requirements for the biennial renewal period in which the hours were
					 acquired and may not be carried over to the next biennial renewal period.
					 Credit for completing any given continuing education course shall be claimed
					 only once during a biennial renewal period.
(3) To obtain credit for continuing education
					 class hours, a licensed or certified appraiser shall sign a statement on the
					 renewal application certifying completion, within the biennial renewal period
					 immediately preceding the date on which the application is submitted, of
					 continuing education approved by the department.
Note:
Renewal applications are provided by
						the department prior to each renewal date.
(4) The number of hours of attendance at and
					 completion of continuing education courses required under sub. (1) or (1m)
					 shall be reduced by one hour for each hour the applicant attends a continuing
					 education course meeting all of the following requirements:
(a) The course is completed during the
					 biennial renewal period immediately preceding the date the application for
					 renewal is submitted.
(b) The
					 course is attended by the applicant in order to continue to qualify for
					 employment as an assessor.
(c) The
					 department determines the course is substantially equivalent to a continuing
					 education course that is relevant to the category of license or certification
					 to which the application pertains.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 85 - Real Estate Appraisers › Subchapter IX - Continuing Education › Section SPS 85.910 - Approval of continuing education courses

Current through June 24, 2024
(1)
(a) Except as provided under sub. (10), to
					 obtain approval of a continuing education course the course provider shall
					 submit an application on forms provided by the department at least 45 days
					 prior to the first date the course is offered. The application shall include
					 all of the following:
1. The name, date, and
					 location of the course.
2. A
					 general description of the subject matter.
3. An outline of the content of the course,
					 including time segments for each subject.
4. The name and qualifications of the course
					 instructor.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 86 - Rules of Professional Conduct › Section SPS 86.02 - Advertising

Current through June 24, 2024
(1) Advertising by certified and licensed
				  appraisers shall be truthful and may not deceive or mislead the
				  public.
(2) A certified or licensed
				  appraiser shall disclose the appraiser's name as it is on file with the
				  department in all advertising.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 86 - Rules of Professional Conduct › Section SPS 86.03 - Use of certificate number and title

Current through June 24, 2024
(1) Except as
				  provided in subs. (2) and (3), each licensed and certified appraiser shall
				  place his or her certificate number adjacent to or immediately below the title
				  "Wisconsin certified general appraiser," "Wisconsin certified residential
				  appraiser," or "Wisconsin licensed appraiser," as appropriate, on each
				  appraisal report and each written appraisal agreement used by the appraiser in
				  conducting appraisal activities.
(2) An appraiser may use the following
				  abbreviations when placing his or her title on a report or agreement in the
				  manner specified in sub. (1) :
(a) "Appraiser"
				  may be written as "app" or "appr."
(b) "Certified" may be written as "cer" or
				  "cert."
(c) "General" may be
				  written as "gen."
(d) "Licensed"
				  may be written as "lic."
(e)
				  "Residential" may be written as "res."
(f) "Wisconsin" may be written as "WI" or
				  "Wis."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 87 - Certificate Renewal › Section SPS 87.01 - Renewal of certificate

Current through June 24, 2024
(1) Applications for renewal shall be
				  submitted prior to the applicable renewal date specified under s.
				  440.08(2)
				  (a), Stats., on a form provided by the
				  department, along with the renewal fee specified under s.
				  440.08(2)
				  (a) 11., 11m. and 12., Stats., as
				  appropriate, and proof of completion of 28 hours of continuing education course
				  work as required under s.
				  458.13,
				  Stats.
(2) An appraiser granted a
				  certificate of certification under s.
				  458.06(3) or
				  (4), 1989 Stats., may renew the certificate
				  by satisfying the requirements in sub. (1) and by submitting evidence of
				  completion of the educational course work required under ss.
				  SPS
				  85.420 and 85.320, as appropriate.
(3) An appraiser granted a certificate of
				  licensure under s.
				  458.08(3),
				  1991 Stats., may renew the certificate by satisfying the requirements in sub.
				  (1) , and submitting evidence of completion of the experience or educational
				  course work required under ss.
				  SPS
				  85.510 and 85.520, as
				  appropriate.
An application for renewal may be obtained from the
						department's website at
http://dsps.wi.gov
.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 87 - Certificate Renewal › Section SPS 87.02 - Late renewal

Current through June 24, 2024
An appraiser who fails to renew a certificate by the
					 renewal date may renew or reinstate the certificate by submitting an
					 application on a form provided by the department and satisfying one of the
					 following requirements:
(1) If
				  applying within 5 years after the renewal date, submitting all of the
				  following:
(a) Verification of completion of
				  the continuing education course work required in each biennial period under s.
				  SPS
				  85.900.
(b) Verification of completion of the most
				  recent edition, as of the date the application is filed, of the 7-Hour National
				  USPAP Update Course or its AQB-approved equivalent.
(c) The renewal fee under s.
				  440.08(2)
				  (a) 11., 11m., or 12., Stats., and the late
				  renewal fee under s.
				  440.08(3),
				  Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 88 - Real Estate Appraisal Management Companies › Section SPS 88.100 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Board" means the real estate appraisers
				  board.
(2) "Department" means the
				  department of safety and professional services.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 80-99 - Residential and General Appraisers › Chapter SPS 88 - Real Estate Appraisal Management Companies › Section SPS 88.110 - Licensure

Current through June 24, 2024
The department shall issue a license to a real estate
					 appraisal management company that does all of the following:
(1) Submits to the department an application
				  that meets the requirements under s.
				  458.33(1),
				  Stats.
(2) Pays the initial
				  credential fee required under s.
				  458.33(2)
				  (b), Stats.
(3) Demonstrates, to the satisfaction of the
				  department, that the company is qualified to competently perform appraisal
				  management services in compliance with all applicable state and federal
				  laws.
An application for licensure is available on the
						department's website at dsps.wi.gov.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 110-119 - Professional Boxing (Repealed) › Chapter SPS 110 - Definitions, licenses, permits for professional boxing (Repealed) › Section SPS 110.04 - Compliance with federal laws (Repealed)

Current through June 24, 2024
The Professional Boxing Safety Act may be found in
						15
						USC 6301 et
						seq.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 110-119 - Professional Boxing (Repealed) › Chapter SPS 115 - Licensing of professional boxers (Repealed) › Section SPS 115.02 - Application for license (Repealed)

Current through June 24, 2024
Application forms are available on request to the
						Department of Safety and Professional Services, 1400 East Washington Avenue,
						P.O. Box 8935, Madison, Wisconsin, 53708.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 120 - Authority and definitions › Section SPS 120.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted under authority of s.
					 227.11(2),
					 Stats., and ch. 480, Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 120 - Authority and definitions › Section SPS 120.02 - Definitions

Current through June 24, 2024
As used in chs.
					 SPS
					 120 to
					 128:
(1) "Absolute auction" means an auction in
				  which:
(a) The goods or real estate are sold
				  to the highest bidder.
(b) No
				  minimum price will limit the bid.
(c) The seller may not withdraw the goods or
				  real estate from the auction after the first bid is received.
(d) The seller may not nullify the sale by
				  bidding himself or herself or through an agent.
Note: An "absolute auction" is also known as an "auction
					 without reserve". The department will construe written statements of an
					 auctioneer or auction company in advertising or in other written materials
					 relating to an auction, such as "everything will be sold" or "everything goes,"
					 as being indicative of the auctioneer's intent to conduct an absolute
					 auction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
					 227.11(2),
					 440.03,
					 440.05,
					 440.08,
					 480.06,
					 480.08 and
					 480.10,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.02 - Initial registration

Current through June 24, 2024
(1) AUCTIONEER. The department may register
				  as an auctioneer an applicant who satisfies the requirements in s.
				  480.08(2) or
				  (2m), Stats. The department shall consider s.
				  480.08(2)
				  (d), Stats., as having been satisfied, if the
				  applicant has either received a seller's permit from the department of revenue
				  under s.
				  77.52(9),
				  Stats., or the applicant has determined that he or she is not required to have
				  a seller's permit and is, therefore, not eligible to obtain a permit.
(2) AUCTION COMPANY. The department may
				  register as an auction company an applicant who satisfies the requirements in
				  s.
				  480.08(3),
				  Stats. The department shall consider s.
				  480.08(3)
				  (d), Stats., as having been satisfied, if the
				  applicant has either received a seller's permit from the department of revenue
				  under s.
				  77.52(9),
				  Stats., or the applicant has determined that it is not required to have a
				  seller's permit and is, therefore, not eligible to obtain a permit. An auction
				  company is not required to have any of its officers, partners or directors
				  registered as an auctioneer unless such officers, partners or directors engage
				  in acts specified in s.
				  480.08(1)
				  (a), Stats.
Applications may be obtained from the department located
						at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708. An
						otherwise qualified applicant shall be provided with reasonable accommodations.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.025 - Temporary registration

Current through June 24, 2024
A temporary registration certificate issued under s.
					 480.08(7),
					 Stats., shall be valid for no more than 60 days after the date that the
					 applicant has filed an application for registration as an auctioneer with the
					 department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.03 - Consent by nonresident for service of process

Current through June 24, 2024
The application of a nonresident person for registration as
					 an auctioneer or auction company constitutes the appointment of the secretary
					 of the department as the applicant's agent upon whom process may be served in
					 any action or proceeding against the applicant arising out of a transaction or
					 operation connected with or incidental to the business of an auctioneer or
					 auction company.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.035 - Reciprocal credentials for service members, former service members, and their spouses

Current through June 24, 2024
The department shall grant a reciprocal credential under
					 this chapter to a service member, former service member, or the spouse of a
					 service member or former service member who the board determines meets all of
					 the requirements under s.
					 440.09, Stats. Subject to s.
					 440.09(2m),
					 Stats., the board may request verification necessary to make a determination
					 under this section.
Note:
Application forms are available from the
					 Department of Safety and Professional Services' website at
					 http://dsps.wi.gov.
Section
						480.12, Stats., contains
						requirements for general reciprocity.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.04 - Renewal of registration

Current through June 24, 2024
(1) AUCTIONEER.
(a) Except as provided in s.
				  SPS
				  121.05, the department shall renew the credential of
				  an auctioneer who files a completed application for renewal of registration
				  before the renewal date, as defined in s.
				  440.01(1)
				  (dm), Stats., if all of the following
				  conditions are satisfied:
1. The applicant
				  has paid the renewal fee specified in s.
				  440.08(2)
				  (a)14r., Stats.
2. The applicant continues to meet the
				  registration criteria in s.
				  480.08(2) (a) to
				  (d), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.05 - Cause for denial of registration

Current through June 24, 2024
The department may deny an application for registration as
					 an auctioneer or auction company submitted by a person or entity who or which
					 has committed fraud or misrepresentation in the application or who or which has
					 done any acts which are grounds for discipline under s.
					 480.24,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.06 - Change of name

Current through June 24, 2024
If the name of a registered auctioneer or auction company
					 appearing on the current registration certificate changes, written notice of
					 the name change shall be sent to the department within 30 days after the name
					 change.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 121 - Applications › Section SPS 121.07 - Use of trade name

Current through June 24, 2024
A registered auctioneer or auction company, before doing
					 business under any trade name, shall notify the department in writing of the
					 trade name.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
					 227.11(2),
					 480.06,
					 480.08(2) (e) and
					 (2m), and
					 480.10,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.02 - Public notice

Current through June 24, 2024
The department shall prepare an examination application
					 form and informational materials which list the examination dates which have
					 been scheduled by the department for no less than the 6 months following
					 publication.
Applications may be obtained from the department located
						at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708. An
						otherwise qualified applicant shall be provided with reasonable accommodations.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.03 - Subjects tested

Current through June 24, 2024
The department shall prepare examinations as required under
					 s.
					 480.10,
					 Stats. The examination shall be a written examination that tests the
					 applicant's knowledge or competence in all of the following areas:
(1) Solicitation.
(2) Contracts.
(3) Pre-auction preparation.
(4) Conducting an auction.
(5) Closing and sales records.
(6) Statutes and administrative rules
				  substantially related to conducting an auction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.04 - Cheating on examination

Current through June 24, 2024
An applicant may not give or receive unauthorized
					 assistance during the examination, improperly remove notes, examination
					 questions or secure documents from the examination setting, sell or distribute
					 actual examination questions from the examination, buy or obtain unauthorized
					 access to examination questions, or otherwise violate the published rules of
					 conduct of the examination.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.05 - Passing score

Current through June 24, 2024
The score required to pass the examination shall be based
					 on the department's determination of the level of examination performance
					 required for minimum acceptable competence in the profession. The department
					 shall make the determination after consultation with subject matter experts who
					 have reviewed a representative sample of the examination questions and
					 available candidate performance statistics, and shall set the passing score for
					 the examination at that point which represents minimum acceptable competence in
					 the profession.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.06 - Examination review

Current through June 24, 2024
(1) An applicant who fails the examination
				  may request a review of that examination by filing a written request to the
				  department within 30 days after the date on which the examination results were
				  mailed to the applicant.
(2) An
				  examination review shall be conducted under the following conditions:
(a) The time for review shall be limited to
				  one hour.
(b) The examination shall
				  be reviewed only by the applicant and in the presence of a proctor.
(c) The proctor may not respond to inquiries
				  by the applicant regarding allegations of examination error.
(d) Any comments or claims of error regarding
				  specific questions or procedures in the examination may be placed in writing by
				  the applicant on the form provided for this purpose. The request shall be
				  reviewed by the department in consultation with a subject matter expert. The
				  applicant shall be notified in writing of the department's decision. If the
				  decision does not result in a passing grade, the applicant may retake the
				  examination.
(e) An applicant shall
				  be permitted only one review of the failed examination each time it is taken
				  and failed.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.07 - Claim of examination error

Current through June 24, 2024
(1) An applicant
				  wishing to claim examination error must file a written request for department
				  review in the department office within 30 days after the date the examination
				  was reviewed. The request shall include:
(a)
				  The applicant's name and address.
(b) The type of registration applied
				  for.
(c) A description of the
				  perceived error, including reference text citations or other supporting
				  evidence for the applicant's claim.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 122 - Examinations › Section SPS 122.08 - Examination retakes

Current through June 24, 2024
(1) There is no limit to the number of times
				  any applicant may retake the examination.
(2) An applicant who passes the examination
				  and remains unregistered for one year or more after the date of the examination
				  shall again take and pass the examination before being registered.
(3) An applicant who reviews an examination
				  pursuant to s.
				  SPS 122.06 may
				  no tretake the examination within 30 days after the date on which the
				  examination was reviewed.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 123 - Advertising › Section SPS 123.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted under authority of
					 ss.
					 227.11(2),
					 480.06,
					 480.20
					 and
					 480.24(2)
					 (d), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 123 - Advertising › Section SPS 123.03 - Contents of advertising

Current through June 24, 2024
All advertisements that an auction will be conducted shall
					 contain the following information:
(1)
				  The name or trade name of an auctioneer responsible for the auction conducted
				  pursuant to the contract required under s.
				  480.14(1),
				  Stats., and the name or trade name of any auction company that is managing the
				  auction.
(2) A statement that the
				  auctioneer is a `registered Wisconsin auctioneer' and the state registration
				  number of the auctioneer.
(3) A
				  statement of the terms and conditions under which the registrant will accept
				  payment by buyers at the auction.
(4) The percentage or other amount of any
				  buyer's fee or surcharge which is a condition to sale.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 124 - Written contracts › Section SPS 124.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted under authority in
					 ss.
					 227.11(2),
					 480.06 and
					 480.14,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 124 - Written contracts › Section SPS 124.02 - Written contracts; terms

Current through June 24, 2024
No auctioneer may conduct an auction unless the auctioneer
					 or the auction company that is managing the auction has entered into a prior
					 written contract with each owner or consignor of goods or real estate that may
					 be sold at the auction. The contract shall specify the terms and conditions
					 upon which the auctioneer or auction company accepts the goods or real estate
					 for sale and must contain:
(1) The
				  registrant's name, trade or business name, state registration number, business
				  address and business telephone number.
(2) The name and address of the owner or
				  consignor.
(3) A general
				  description of the property to be sold at auction, any restrictions relating to
				  conducting the auction and a statement indicating whether the registrant is
				  authorized to purchase at the auction.
(4) A description of the services to be
				  provided and the consideration for the services. The description must state
				  which party is responsible for advertising and other expenses.
(5) A statement of whether a buyer's fee or
				  surcharge will be assessed and, if so, the percentage or other amount to be
				  charged to the successful bidder.
(6) The date, dates or time period during
				  which the items will be sold at auction.
(7) A statement by the seller that he or she
				  has title and right to sell all property to be sold at auction free of
				  encumbrances and liens; or, if some or all of the property to be sold is
				  subject to encumbrances or liens, a specific itemization of such
				  property.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 124 - Written contracts › Section SPS 124.03 - Written contracts; copies

Current through June 24, 2024
An auctioneer or auction company shall give the owner or
					 consignor a legible copy of the contract referred to in s.
					 SPS
					 124.02 at the time of signing.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
					 227.11(2),
					 480.06,
					 480.14,
					 480.16 and
					 480.18,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.02 - Definition

Current through June 24, 2024
In this chapter, "trust funds" means cash, checks, share
					 drafts, drafts or notes received by an auctioneer or an auction company on
					 behalf of any other person while acting as an auctioneer or auction company for
					 an auction of goods. "Trust funds" does not include proceeds received by an
					 auctioneer or an auction company on behalf of any other person pursuant to an
					 auction in which the written contract under s.
					 480.14,
					 Stats., requires the registrant to pay the owner or consignor within 24 hours
					 after the auction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.025 - Use of computers

Current through June 24, 2024
An auctioneer or an auction company may maintain any
					 records required by this chapter in a computerized system, provided
					 that:
(1) A backup copy of the
				  bookkeeping records is made on any day on which entries are made in the
				  computerized bookkeeping system. The backup copy shall be made on a disk or
				  other medium which is separate and distinct from that on which the source
				  documents reside.
(2) All records
				  which are not maintained as written paper records are capable of being
				  immediately converted to written paper records and immediately made available
				  without charge to the department for the purposes of department audit or
				  investigation.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.03 - Account summary sheet for registrants not maintaining a trust account

Current through June 24, 2024
An auctioneer or auction company that is not required to
					 maintain a trust account shall maintain an account summary sheet which shows
					 the receipts, deposits, expenses and disbursements of each individual
					 auction.
This provision applies only to registrants not required
						to maintain a trust account. Registrants for whom a trust account is required
						must use the trust account bookkeeping system described in s.
						SPS
						125.12.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.035 - Trust account required

Current through June 24, 2024
An auctioneer or auction company shall maintain a trust
					 account when the registrant receives and holds auction funds which are not
					 disbursed to the owner or consignor under a written contract under s.
					 480.14,
					 Stats., within 24 hours after the auction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.04 - Type of account

Current through June 24, 2024
An auctioneer or auction company may place trust funds in
					 an interest-bearing or non-interest-bearing account, provided that none of the
					 interest inures to the benefit of the auctioneer or auction
					 company.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.05 - Time of trust account deposit

Current through June 24, 2024
An auctioneer or auction company shall deposit trust funds
					 in a trust account within 48 hours after receipt by the auctioneer or auction
					 company.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.06 - Opening and closing trust accounts

Current through June 24, 2024
(1) The department
				  may not require an auctioneer or auction company to open a trust account before
				  the auctioneer or auction company receives trust funds which must be deposited,
				  unless the department finds, in a specific case, that an earlier opening of an
				  account is needed in order to assure compliance with this chapter.
(2) An auctioneer or auction company may
				  close a trust account when no trust funds remain in the auctioneer's or auction
				  company's possession.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.07 - Trust account designation

Current through June 24, 2024
An auctioneer or auction company shall:
(1) Include the words "trust account" in the
				  name of the trust account maintained by the auctioneer or auction
				  company.
(2) Imprint the name of
				  the auctioneer or auction company on the trust account checks, share drafts or
				  drafts.
(3) Designate the account
				  with the name appearing on the auctioneer's or auction company's registration
				  certificate or with a trade name submitted to the department under s.
				  SPS
				  121.07.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.08 - Notification of the department regarding trust account

Current through June 24, 2024
(1) An auctioneer
				  or an auction company shall provide the department with the name and number of
				  every trust account maintained by the auctioneer or auction company and the
				  name of the depository institution in which the auctioneer or auction company
				  holds each trust account. The auctioneer or auction company shall provide this
				  notification to the department on a form prepared by the department no later
				  than 10 days after opening a trust account. The auctioneer or auction company
				  shall authorize representatives of the department to examine and audit all of
				  the auctioneer's or auction company's trust accounts.
(2) An auctioneer or an auction company shall
				  obtain the certification of every depository institution in which the
				  auctioneer or auction company maintains a trust account, in which the
				  depository institution attests to the existence of the account and consents to
				  the examination and audit of the account by a duly authorized representative of
				  the department.
Note: A Consent to Examine and Audit Auctioneer Trust
					 Account form may be obtained from the department located at 1400 East
					 Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(3) An auctioneer or auction company shall
				  notify the department no later than 10 days after a change has been made to an
				  auction trust account name, auction trust account number or depository
				  institution name. The notification shall be provided on a form prepared by the
				  department.
Note: Forms may be obtained from the department at 1400
					 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.
(4) An auctioneer or auction
				  company shall notify the department no later than 10 days after an auction
				  trust account has been closed. This notification shall be made in written
				  correspondence to the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.09 - Withdrawal of trust funds

Current through June 24, 2024
An auctioneer or auction company shall withdraw funds to
					 reimburse the auctioneer or auction company for expenses incurred and
					 commissions and fees earned by the auctioneer or auction company within the 30
					 days specified in s.
					 480.14(3),
					 Stats., or as otherwise provided by the terms of a contract.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.10 - Commingling prohibited

Current through June 24, 2024
(1) Except as provided in subs. (2) and (3),
				  an auctioneer or an auction company may not commingle the auctioneer's or
				  auction company's personal or company funds which are not trust funds in a
				  trust account maintained pursuant to this chapter.
(2) An auctioneer or auction company may
				  place personal or company funds in a trust account under the following
				  conditions:
(a) Funds equal to the amount of
				  any checks received by the auctioneer or auction company on behalf of an owner
				  or consignor when such funds are deposited by the auctioneer to cover potential
				  or actual "non-sufficient funds" checks received from purchasers.
(b) Funds sufficient to cover service charges
				  relating to the trust account.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 125 - Maintenance of records › Section SPS 125.12 - Trust account bookkeeping system

Current through June 24, 2024
An auctioneer or an auction company required to maintain a
					 trust account shall maintain a bookkeeping system that enables the auctioneer
					 or auction company to adequately account for all trust funds in a trust
					 account, to maintain an accurate and sufficient balance in the account and to
					 account for all trust funds received from specified buyers and paid to
					 specified sellers for specified purchases. The bookkeeping system shall consist
					 of at least the following:
(1) CHECK
				  REGISTER. An auctioneer or an auction company shall maintain a record regarding
				  a trust account, called a check register, which shall show the date, the payee,
				  the number of the check, share draft or draft and the amount.
(2) BANK RECONCILIATION. An auctioneer or an
				  auction company shall reconcile the trust account in writing each month unless
				  there has been no activity during the month. The written reconciliation shall
				  include all of the following:
(a) The ending
				  bank statement balance.
(b) The
				  date and amounts of the deposits in transit.
(c) The check number and amounts of
				  outstanding checks.
(d) The
				  resulting reconciled bank statement ending balance.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 126 - Conduct › Section SPS 126.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted under authority in
					 ss.
					 227.11(2),
					 480.06 and
					 480.24(2)
					 (b), Stats.