Section SPS 404.01 - Approval of schools and courses of instruction(1) APPROVAL REQUIRED. A school shall not operate, conduct business, offer any program, advertise or enroll students unless it has been approved or determined to be exempt under s. 440.52(1) (e), Stats. The department may issue a cease and desist order to any school that is in violation of this subsection.(2) INVESTIGATION AND INSPECTION. Upon application, the department shall investigate and evaluate schools doing business within this state, whether located within or outside this state, and programs offered by these schools, and approve schools and programs including schools with branches in more than one location.(2m) DENIAL OF APPROVAL. (a) The department may deny an initial request for school or program approval if the school fails to provide the information required under s. SPS 404.03 or fails to meet the criteria under s. SPS 404.04, as determined by the department.(b) A decision to deny initial school approval shall be sent by certified mail, return receipt requested, to the last address of record.(3) C ompliance. After a school is approved, it shall immediately report any significant changes in its program, facilities, finances or personnel.(4) RENEWAL OF APPROVAL. (a) Except as provided in par. (b), a school approved to operate or do business in this state shall, after June 30 but no later than September 1 of each year, apply for renewal of approval on department forms and submit the appropriate fee.(b) A school need not apply for renewal of approval for the calendar year in which the school paid in full the fees which s. SPS 404.10(1) requires.(4m) INTERMEDIATE SANCTIONS. If a school fails to comply with the provisions under chs. SPS 404 to 411, the department may progressively impose one or more of the following sanctions. (a) Require the submission and implementation of a school improvement plan to address or correct problems identified by the department.(b) Suspend the ability of a school to enroll students for one or more of the approved programs offered by the school.(5) REVOCATION OF APPROVAL.(a) Failure to maintain the standards or to comply with chs. SPS 404 to 411 or meet the requirements for approval shall result in revocation of either school or program approval, or both.(b) Refusal by a school to allow reasonable inspection or to supply information after written request therefor or failure to comply with chs. SPS 404 to 411 shall be grounds for revocation of approval.(5m) NOTICE. (a) Except as provided under par. (b), an action to revoke a school's approval as provided under sub. (5) shall be sent by certified mail, return receipt requested, to the last address of record, 20 days prior to the date on which the revocation is to be effective.(b) The department may revoke a school's approval without notice if it determines that the health, safety, or financial welfare of any person is at risk.(6) HEARING. A school whose approval has been denied or revoked as provided under sub. (2m) or (5) may request a hearing in conformance with the procedures in chs. SPS 1 to 9.(7) APPEAL. Any school who has contested an action under sub. (6) may appeal the decision of the department before an administrative law judge. A request for such a hearing must be requested within 10 days of the effective date of the action taken. Notice of such hearing shall be sent to the school 10 days prior to the date of such hearing, giving the school notice of date, time and place.Wis. Admin. Code Department of Safety and Professional Services SPS 404.01
Renumbered from Chapter EAB 4 by, Cr. Register, December, 1972, No. 204, eff. 1-1-73; am. (1), Register, June, 1984, No. 342, eff. 7-1-84; r. and recr. (3), Register, May, 1987, No. 377, eff. 7-1-87; emerg. am. (3), eff. 8-4-87; reprinted to correct error in (3), Register, October, 1987, No. 382; am. (3), Register, January, 1988, No. 385, eff. 2-1-88; cr. (1) (f), am. (3), (1) (e) renum. from EAB 4.06(2) and am., Register, June, 1990, No. 414, eff. 7-1-90; am. (3), Register, March, 1993, No. 447, eff. 4-1-93; renum. from EAB 5.02, r. (1), (5), (7), cr. (1) and (3), renum. (3) and (4) to be (4) and (5) and am. (4) (a) and (5), am. (6), Register, October, 1997, No. 502, eff. 12-1-97; CR 02-135: am. (1), (2), (5) and (6), cr. (2m), (4m), (5m), (6) (b) and (7), Register April 2003 No. 568, eff. 5-1-03; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register April 2006 No. 604; correction in (1), (2), (2m), (4), (4m) (intro.), (a), (5m) (b), (6), (7) made under s. 13.92(4) (b) 6, Stats., and correction in (1), (2m), (4) (b), (4m) (intro.), (5) made under s. 13.92(4) (b) 7, Stats., Register November 2017 No. 743, eff. 12/1/2017Amended by, CR 20-004: r. and recr. (6) Register June 2020 No. 774, eff. 7/1/2020