2.4 Establishments, Managers, Inspections, Citations & Forfeitures
Key Takeaways
- Wis. Admin. Code Cos 3.01(1) prohibits practising cosmetology, aesthetics, electrology and manicuring outside the confines of a licensed establishment except as provided in Cos 2.045 and Cos 2.046.
- Cos 3.02(1) prohibits an owner from operating a cosmetology establishment unless a cosmetology manager has been employed, and Cos 1.01(7) defines full time as 30 hours per week or the maximum hours the establishment is open if fewer.
- Cos 3.01(11) requires that where an establishment is located in the same building as a residence, the business and living quarters be separate; Cos 3.01(10) bars animals during business hours except service animals; Cos 3.01(13) requires the establishment licence to be posted.
- Wis. Stat. s. 454.15(3) authorises a forfeiture of not more than $1,000 for each separate offense, and each day of continued violation constitutes a separate offense.
- Wis. Admin. Code Cos 10 is adopted under s. 454.15; a citation is issued by a consumer protection investigator, and under Cos 10.06 the licensee has 20 days from service to contest the violation and request a hearing.
2.4 Establishments, Managers, Inspections, Citations & Forfeitures
Quick Answer: Wisconsin services happen inside a licensed establishment (Cos 3.01(1)) that employs a cosmetology manager (Cos 3.02(1)). DSPS inspectors may enter at any time during business hours (s. 454.14). Discipline runs through the Board under s. 454.15, which authorises a forfeiture of not more than $1,000 for each separate offense, with each day of continued violation a separate offense. Citations issue under ch. Cos 10, and the licensee has 20 days from service to request a hearing.
1. Establishment Licensing and the Manager Requirement
Establishment licences are issued under Wis. Stat. s. 454.08. Chapter Cos 3 (Establishments and Inspections) then supplies the operating detail through five sections:
| Rule | Subject |
|---|---|
| Cos 3.01 | Establishment requirements |
| Cos 3.02 | Other establishment requirements (manager; chair and booth leasing) |
| Cos 3.04 | Establishment applications |
| Cos 3.05 | Inspections |
| Cos 3.06 | Change of ownership or location |
Note the gap. There is no Cos 3.03. Material citing "Cos 3.03" for implement storage is citing a rule that does not exist; implement and linen handling live in Cos 3.01 and ch. Cos 4.
The manager rule (Cos 3.02(1)). "The owner of a cosmetology establishment shall not operate the establishment unless a cosmetology manager has been employed." The manager must work full time, which Cos 1.01(7) defines as 30 hours per week, or the maximum number of hours the establishment is open if that is fewer than 30. A salon open 22 hours a week satisfies "full time" at 22 hours.
Chair and booth leasing (Cos 3.02(2)). Owners may lease chairs or booths under written agreements, but the lessee must hold both a practice licence and an establishment licence. Booth renters are not exempt from establishment licensure.
Responsibilities cascade through ch. Cos 2: Cos 2.06 for owners, Cos 2.07 for the cosmetology manager, Cos 2.08 for licensees. A sanitation failure can therefore be charged against three different people for the same facts.
2. Physical Establishment Standards (Cos 3.01)
Cos 3.01 is a numbered checklist, and inspectors work through it:
| Subsection | Requirement |
|---|---|
| 3.01(1) | Practice only within a licensed establishment, except per Cos 2.045 and 2.046 |
| 3.01(3) | Disposable cups or a fountain where public drinking facilities are provided |
| 3.01(4) | Floor coverings kept clean, orderly and safe |
| 3.01(5) | A toilet room may not be used as a dispensary or for providing services |
| 3.01(6) | Secure storage for equipment and chemicals; toxic substances in locked cabinets |
| 3.01(7) | Plastic or metal containers of adequate size for all soiled linen |
| 3.01(8) | Apprentice training establishments fully equipped for all services |
| 3.01(9) | No smoking where flammable products are stored or used |
| 3.01(10) | Animals not in an establishment during business hours, except service animals |
| 3.01(11) | Where an establishment shares a building with a residence, business and living quarters shall be separate; a mobile establishment may not contain a residence |
| 3.01(12) | Basins with hot and cold running water; hand washing before each client |
| 3.01(13) | The establishment licence shall be posted in the establishment |
| 3.01(14) | Adequate ventilation complying with occupational safety standards |
| 3.01(15) | Mobile establishments meet all chapter requirements; licence is vehicle-specific and the name visibly displayed |
Exam Trap: how strict is the residence rule? Cos 3.01(11) requires that the business and living quarters be separate. It does not, in its own text, specify floor-to-ceiling partitions, self-closing doors or a dedicated outside entrance. Answer what the rule says.
3. Inspections (Wis. Stat. s. 454.14; Cos 3.05)
The department appoints inspectors under the classified service, and an inspector may enter and inspect any licensed establishment at any time during business hours. There is no notice requirement and no requirement that the owner be present. Cos 3.05 supplies the procedural detail; Cos 3.06 requires notification on change of ownership or location, because the establishment licence attaches to a specific owner and premises.
4. Discipline (Wis. Stat. s. 454.15)
Section 454.15(2) lists the grounds on which the examining board may act, including that the licensee:
- made a material misstatement in an application;
- failed to correct sanitary or rule violations within the specified time;
- demonstrated a lack of professional knowledge or ability;
- was convicted of a felony related to practice;
- practised while having an infectious or communicable disease;
- engaged in false, deceptive or misleading advertising;
- practised under another person's name or trade name;
- was addicted to alcohol or drugs affecting job performance; or
- violated the relevant statutes or rules.
The Board may revoke, limit, suspend, or refuse to issue or renew a licence or permit, or reprimand the licensee, according to the severity of the violation.
Section 454.15(3) supplies the money: a forfeiture of not more than $1,000 for each separate offense, and each day of continued violation constitutes a separate offense. Forfeitures may be imposed in addition to or in lieu of other discipline.
Exam Trap: one ceiling, not a schedule. Wisconsin does not publish a per-violation price list assigning, say, $250 to a prohibited implement and $500 to a missing licence. The statutory instrument is a single $1,000-per-offense ceiling, made powerful by the per-day multiplier — an uncorrected violation left standing for a month is thirty separate offenses.
Section 454.16 supplies criminal penalties for the practice act generally, and unlicensed practice violates s. 454.04 (practice).
5. Citations and Administrative Forfeitures (ch. Cos 10)
Cos 10.01 states the authority plainly: the rules in ch. Cos 10 are adopted pursuant to authority in s. 454.15, and the citation procedures may be used in an action to recover a forfeiture under s. 454.15(3).
| Rule | Step |
|---|---|
| Cos 10.02 | Citation for administrative forfeiture — issued by a consumer protection investigator, bearing the investigator's signature and departmental affiliation, substantially in the form of Appendix I |
| Cos 10.03 | Service of the citation |
| Cos 10.04 | Filing |
| Cos 10.05 | Effect of payment — a deposit constitutes acceptance of the forfeiture |
| Cos 10.06 | Request for hearing — within 20 days of the date of service, the licensee may enter a plea contesting the violation and request a hearing |
| Cos 10.07 | Default |
The forfeiture ultimately imposed may not exceed the amount identified in the citation. Contested matters proceed as administrative hearings; failing to respond within the 20-day window leads to default under Cos 10.07.
Scenario. An investigator arrives mid-morning, finds a credo razor in a pedicure station drawer and no establishment licence posted, and issues a citation. The credo razor violates Cos 4.045; the unposted licence violates Cos 3.01(13). The salon has 20 days from service to pay or to request a hearing. If the razor is still in use two weeks later, each additional day is a separate offense under s. 454.15(3).
Under Wis. Stat. s. 454.15(3), what forfeiture may be imposed for a violation of the cosmetology practice act or rules?
Under Wis. Admin. Code Cos 3.02(1) and Cos 1.01(7), what staffing requirement applies to a Wisconsin cosmetology establishment?
A DSPS investigator serves a citation for an administrative forfeiture on a Wisconsin salon. Under Wis. Admin. Code Cos 10.06, how long does the licensee have to contest it?
Which physical requirement does Wis. Admin. Code Cos 3.01 place on a Wisconsin establishment?