2010 Wisconsin Code
Chapter 461. Professional employer organizations.
461.05 Disciplinary proceedings.

461.05

461.05 Disciplinary proceedings.

461.05(1)

(1) Investigations. Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this chapter or any rule promulgated under s. 461.06 has occurred.

461.05(2)

(2) Disciplinary action. Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a professional employer organization or professional employer group or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that an applicant, registrant, or controlling person has done any of the following:

461.05(2)(a)

(a) Conducted any of the activities specified in s. 461.02 (1) without first registering with the department as provided in s. 461.02.

461.05(2)(b)

(b) Knowingly made a material misrepresentation or false statement in an application for registration or for renewal of a registration under s. 461.02 or in a report under s. 108.067.

461.05(2)(c)

(c) Been convicted of any crime in connection with the operation of a professional employer organization or professional employer group, any crime that involves fraud or deceit, or any crime that otherwise affects the ability of the applicant, registrant, or controlling person to operate a professional employer organization or professional employer group.

461.05(2)(d)

(d) Willfully committed a violation of this chapter or of a rule promulgated under s. 461.06.

461.05(3)

(3) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, revocation, restriction, nonrenewal, or other withholding of a registration under sub. (2), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.

461.05(4)

(4) Injunction. If it appears upon complaint to the department by any person or it is known to the department that any person is violating this chapter, the department or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against any such person to enjoin such person from such violations.

461.05(5)

(5) Judicial review. Any person who is aggrieved by any action taken under this chapter by the department, its officers, or agents may apply for judicial review as provided in ch. 227.

461.05 - ANNOT.

History: 2007 a. 189.