Wisconsin Administrative Code

SPS 122.01 Authority. 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. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 122.02 Public notice. 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. Note: Instructions for applications…

SPS 122.03 Subjects tested. 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-auct…

SPS 122.04 Cheating on examination. 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 exami…

SPS 122.05 Passing score. 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 consultati…

SPS 122.06 Examination review. (1) An applicant who fails the examination may request a review of that examina- SPS 122.05 SPS 122.06 SPS 122.07 SPS 122.08 Passing score. Examination review. Claim of examination error. Examination retakes. tion by filing a written request to the …

SPS 122.07 Claim of examination error. (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 an…

SPS 122.08 Examination retakes. (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 examina…

SPS 123.01 Authority. The rules in this chapter are adopted under authority of ss. 227.11 (2), 480.06, 480.20 and 480.24 (2) (d), Stats. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 123.02 False advertising. No registrant may advertise in a manner which is false, deceptive or misleading. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 123.03 Contents of advertising. All advertisements that an auction will be conducted shall contain the following information: SPS 123.03 Contents of advertising. (1) The name or trade name of an auctioneer responsible for the auction conducted pursuant to the contract require…

SPS 124.01 Authority. The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.06 and 480.14, Stats. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 124.02 Written contracts; terms. 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 …

SPS 124.03 Written contracts; copies. 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. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; correction made under s. the chapt…

SPS 125.01 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 480.06, 480.14, 480.16 and 480.18, Stats. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 125.02 Definition. 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 i…

SPS 125.025 Use of computers. 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 s…

SPS 125.03 Account summary sheet for registrants not maintaining a trust account. 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 indiv…

SPS 125.035 Trust account required. 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 a…

SPS 125.04 Type of account. 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. History: Cr. Register, June, 1995, No. 474, ef…

SPS 125.05 Time of trust account deposit. An auctioneer or auction company shall deposit trust funds in a trust account within 48 hours after receipt by the auctioneer or auction company. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 125.06 Opening and closing trust accounts. (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 …

SPS 125.07 Trust account designation. 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 che…

SPS 125.08 Notification of the department regarding trust account. (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 wh…

SPS 125.09 Withdrawal of trust funds. 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), Sta…

SPS 125.10 Commingling prohibited. (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. …

SPS 125.12 Trust account bookkeeping system. 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 ac…

SPS 126.01 Authority. The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.06 and 480.24 (2) (b), Stats. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

SPS 126.02 Unprofessional conduct. Conduct evidencing a lack of knowledge or ability to apply professional principles or skills, within the meaning of s. 480.24 (2) (b), Stats., includes, but is not limited to, engaging in or aiding or abetting the following conduct: (1) Performi…

SPS 126.03 Effect of suspension or revocation on registrant. (1) An auctioneer or auction company whose registration has been suspended or revoked shall notify all persons with whom the auctioneer or auction company has a contract for services to be performed during the period of…

SPS 127.01 Authority. The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.01, 480.14 and 480.16, Stats. History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

SPS 127.02 Auction of real estate. (1) AUCTIONEER. An auctioneer may engage in, or advertise or otherwise hold himself or herself out as being available to engage in, the calling for and the recognition and acceptance of offers for the purchase of real estate at an auction, and m…

SPS 127.04 Contract. A registrant shall have a written contract with the owner of real estate to be sold at an auction, or the owner[s agent, which specifies the terms and conditions upon which the auctioneer or auction company accepts the real estate for sale at auction. The fol…

SPS 127.05 Real estate subject to exclusive listing contract. Prior to entering into any contract for the sale of real estate at an auction, the registrant shall determine whether the real estate is subject to an exclusive real estate listing contract. If the real estate to be so…

SPS 127.06 Solicitation of owners with exclusive listing contract prohibited. A registrant may not solicit an owner of real estate to sell the real estate at an auction if the registrant knows that the real estate is subject to an exclusive real estate listing contract. History: …

SPS 128.01 Authority. This chapter is adopted pursuant to ss. 227.11 (2) and 480.08 (6), Stats. History: Cr. Register, November, 1996, No. 491, eff. 12-1-96; CR 02-030: am. History: Cr. Register, November, 1996, No. 491, eff. 12-1-96.

SPS 128.015 Definitions. In this chapter: (1) XDistance educationY means the provision of educational programs or courses without an instructor or a representative of an approved school physically present with the students. XDistance educationY includes the delivery of educationa…

SPS 128.02 Education requirements prior to first renewal. (1) Except as provided in s. SPS 128.06, every registered auctioneer applying to renew a registration shall complete at least 12 hours in an educational program, except that a registered auctioneer who is initially registe…

SPS 128.03 Courses; examinations. (1) COURSES. The educational program shall consist of 12 hours, which shall include: (a) Three hours in the Wisconsin laws relating to auctioneer ethical and professional conduct. (b) Nine hours in topics pertinent to the practice of auctioneerin…

SPS 128.04 Approval of educational programs; courses and instructors. (1) A program provider seeking initial approval from the department of an educational program or a course shall submit its application on a form provided by the department prior to the first date the program or…

SPS 128.05 Certification of completion of courses. (1) COMPLETION REQUIREMENTS. A registered auctioneer shall attend all the required hours before the program provider may give a certificate of completion to the registered auctioneer. (2) CERTIFICATION OF COMPLETION. Program prov…

SPS 128.06 Education examination. (1) The department shall conduct an education examination. A registered auctioneer may take the education examination conducted by the department in lieu of the educational program set forth in s. SPS 128.03. A registered auctioneer who passes th…

SPS 131.01 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.972, 440.973, 440.974, 440.975, 440.978, and 440.979, Stats. History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction made under s.

SPS 131.02 Definitions. As used in ch. SPS 131: (1) XAutomatic safety controlsY means devices designed and installed to protect systems and components from excessively high or low pressure and temperatures, excessive electrical current, loss of water, loss of ignition, fuel leaks…

SPS 131.03 Applicability. As used in s. 440.9712, Stats., the terms Xact as a home inspectorY and Xprovide home inspection servicesY do not include individuals or business entities who inspect the energy-related components of a dwelling unit in order to assess or rate a home[s en…

SPS 131.11 Application for home inspector registration. An applicant for registration as a home inspector shall submit all of the following: (1) A completed application form. Note: Application forms are available on the department[s website at https://dsps.wi.gov/pages/Home.aspx,…

SPS 131.113 Reciprocity, generally.

SPS 131.115 Reciprocity for service members, former service members, and their spouses. SPS 131.12 License renewal. SPS 131.13 Late renewal. SPS 131.14 Reinstatement of license. SPS 131.15 Denial of registration. Subchapter III — Examinations SPS 131.21 Examination requirements. …

SPS 131.12 License renewal. To renew a home inspector registration, a registrant shall file with the department all of the following: (1) An application for renewal on a form provided by the department. (2) Evidence that the registrant has, during the biennial period immediately …

SPS 131.13 Late renewal. A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date may not engage in practice as a home inspector until the registration is renewed. A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date and…