Chapter 202, REGULATION OF PROFESSIONAL EMPLOYER ORGANIZATIONS AND THE SOLICITATION OF FUNDS FOR A CHARITABLE PURPOSE

202.01 Definitions. In this subchapter: (1) “Applicant” means any of the following: (a) A person applying to the department for an initial registration. (b) A person applying to the department for renewal of a registration. (1m) “Application” includes an application for initial r…

202.021 Registration. (1) APPLICATIONS FOR REGISTRATION. (a) Applicants for registration under this chapter shall apply to the department, on forms and in the manner prescribed by the department. Forms prescribed by the department under this paragraph may contain any content or r…

202.031 General duties. (1) The department shall establish the content and form of each type of registration. Upon the request of a registrant and payment of a $10 fee, the department may issue to a registrant a wall certificate. (2) The department may require a registrant to do …

202.041 Fees. (1) The department shall determine the fees for an initial registration and for a registration renewal, including late fees for each type of registration under ss. 202.12 to 202.14 and 202.22, based on the department’s administrative and enforcement costs under this…

202.051 Debit or credit card payments; collection of registration for nonpayment by financial institution. (1) If the department permits the payment of a fee by use of a debit or credit card, the department may charge a service charge for each transaction in addition to the fee b…

202.06 Disciplinary proceedings; enforcement of laws requiring registration. (2) DISCIPLINARY ACTION. (c) The department may reprimand a registrant or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that an app…

202.07 General powers of the department. (1m) (a) The department may conduct investigations and hold hearings to determine whether any person has violated this chapter or any rule promulgated under this chapter. (b) The department may investigate whether a registrant, or an offic…

202.11 Definitions. In this subchapter: (1) “Charitable organization” means any of the following: (a) An organization that is described in section 501 (c) (3) of the internal revenue code and that is exempt from taxation under section 501 (a) of the internal revenue code. (b) A p…

202.12 Regulation of charitable organizations. (1) REGISTRATION REQUIREMENT. (a) Except as provided in sub. (5), no charitable organization may solicit in this state or have contributions solicited in this state on its behalf unless it is registered with the department under this…

202.13 Regulation of fund-raising counsel. (1) REGISTRATION REQUIREMENT. (a) Except as provided in sub. (6), no fund-raising counsel may at any time have custody of contributions from a solicitation for a charitable organization that is required to be registered under s. 202.12 (…

202.14 Regulation of professional fund-raisers. (1) REGISTRATION REQUIREMENT. (a) No professional fund-raiser may solicit in this state for a charitable organization that is required to be registered under s. 202.12 (1) unless the professional fund-raiser is registered under this…

202.15 Charitable sales promotions. If a commercial coventurer conducts a charitable sales promotion on behalf of a charitable organization that is required to be registered under s. 202.12 (1), the commercial coventurer shall disclose in each advertisement for the charitable sal…

202.16 Prohibited acts. (1) No charitable organization, fund-raising counsel, or professional fund-raiser may, in the conduct of his, her, or its affairs, including the planning, management, or execution of a solicitation or charitable sales promotion, do any of the following: (a…

202.17 Administration and investigations. (1) PUBLIC RECORDS. Except as provided in ss. 202.13 (5) and 202.14 (10), applications, reports, contracts, and agreements of charitable organizations, fund-raising counsel, professional fund-raisers, and unpaid solicitors and all other d…

202.18 Penalties and enforcement. (1) (a) The department of justice may bring an action to prosecute a violation of this subchapter or the rules promulgated under this subchapter, including an action for temporary or permanent injunction. (b) Upon finding that a person has violat…

202.21 Definitions. In this subchapter: (1) “Applicant” means a professional employer organization or a professional employer group that applies for initial or renewal registration under s. 202.22. (2) “Client” means any person that enters into a written contract with a professio…

202.22 Registration requirements. (1) REGISTRATION REQUIRED; USE OF TITLES. (a) No person may operate as a professional employer organization or professional employer group, advertise that the person is a professional employer organization or professional employer group, or other…

202.23 Financial capability. Except as provided in s. 202.22 (5) (e) or (7) (b), a professional employer organization or professional employer group shall maintain one of the following: (1) WORKING CAPITAL REQUIREMENT. Working capital, as defined by generally accepted accounting …

202.24 Rights, duties, and obligations unaffected. (1) PROFESSIONAL EMPLOYER ORGANIZATION AND PROFESSIONAL EMPLOYER GROUP NOT INSURANCE. A professional employer organization or professional employer group that offers, markets, sells, administers, or provides services that include…

202.26 Rules. The rules the department promulgates under s. 202.07 (4m) that implement this subchapter may include rules providing for reasonable fees for any service provided under this chapter that do not exceed an amount that is necessary to cover the cost of providing that se…

202.29 Short title. This subchapter shall be known as the “Wisconsin Professional Employer Organizations Act.” History: 2009 a. 174; 2013 a. 20 s. 2253; Stats. 2013 s. 202.29.