Wisconsin Administrative Code Cosmetology Examining Board
1. Legal Framework for Wisconsin Cosmetology Regulation
A. Governing Authorities
Cosmetology regulation in Wisconsin is created and enforced through three layers of law:
Wisconsin Statutes (Chapter 454)
Establishes cosmetology and barbering as licensed professions
Creates the Cosmetology Examining Board (CEB)
Grants rule-making, licensing, and disciplinary authority
Wisconsin Administrative Code (SPS Chapter 80)
Contains the detailed operational rules
Covers licensing, exams, sanitation, schools, inspections, and discipline
Promulgated by the Department of Safety and Professional Services (DSPS) under Board authority
Wisconsin Case Law
Interprets how far the Board’s authority goes
Limits arbitrary discipline
Enforces due process protections for licensees
2. Cosmetology Examining Board (CEB)
A. Board Authority (Wis. Stat. § 454.02)
The Cosmetology Examining Board has authority to:
Grant, deny, renew, suspend, and revoke licenses
Approve cosmetology schools and instructors
Administer examinations
Enforce sanitation and safety rules
Discipline licensees for misconduct
The Board does not create new law; it enforces statutes and administrative rules.
3. Wisconsin Administrative Code – SPS Chapter 80
A. Licensing Requirements
1. Individual Licenses
Includes:
Cosmetologist
Esthetician
Manicurist
Instructor
Manager
Rules specify:
Minimum education hours
Examination requirements
Renewal cycles and continuing education (where applicable)
Legal principle:
The Board must follow its own rules exactly when granting or denying licenses.
B. Establishment & School Regulation
Rules govern:
Salon licensure and inspections
Equipment and facility standards
Student training requirements
Instructor supervision ratios
Key legal point:
Failure to comply with sanitation or inspection rules may result in:
Fines
License suspension
Conditional licensure
C. Sanitation and Safety Rules
These are among the most strictly enforced provisions.
Examples include:
Disinfection of tools and implements
Hand hygiene requirements
Prohibition of unsafe or unsanitary practices
Proper storage of chemicals
Courts uphold strict enforcement because cosmetology is considered a public health profession.
D. Examinations
Administrative rules control:
Exam content approval
Passing scores
Re-examination eligibility
Accommodation procedures
Important limitation:
The Board may not change exam standards retroactively or apply unpublished criteria.
4. Discipline and Enforcement
A. Grounds for Discipline (Wis. Stat. § 454.07)
Discipline may occur for:
Violating statutes or SPS rules
Fraud or misrepresentation
Unsafe or incompetent practice
Practicing without a valid license
Aiding unlicensed practice
Possible sanctions:
Reprimand
Limitation of practice
Suspension
Revocation
Civil forfeitures
B. Due Process Requirements
Before discipline:
Licensee must receive notice of allegations
Opportunity for a hearing
Decision must be supported by substantial evidence
5. Wisconsin Case Law Affecting the Cosmetology Examining Board
Although cosmetology-specific cases are limited, Wisconsin courts apply the same legal standards to all professional licensing boards, including cosmetology.
A. Gilbert v. Medical Examining Board (Wisconsin Supreme Court)
Legal Rule:
Professional licenses are protected property interests.
Impact on Cosmetology Board:
The Board must provide due process before suspending or revoking a license
Summary discipline is allowed only when public safety is at immediate risk
B. Harnischfeger Corp. v. LIRC
Legal Rule:
Courts give deference to agency interpretations of statutes they administer, but not unlimited deference.
Impact:
The Cosmetology Examining Board’s interpretation of SPS Chapter 80 is respected
However, interpretations that contradict statute or are unreasonable will be overturned
C. Martinez v. DILHR
Legal Rule:
Administrative agencies must:
Follow their own rules
Apply standards consistently
Impact:
The Board cannot selectively enforce sanitation or licensing rules
Unequal treatment of similarly situated licensees is unlawful
D. State ex rel. Ornstein v. Medical Examining Board
Legal Rule:
Discipline must be based on clear statutory or rule violations, not personal or moral judgments.
Impact:
The Cosmetology Board cannot discipline based on:
Personal disagreement with techniques
Practices not clearly prohibited by rule or statute
6. Limits on Board Authority
The Board cannot:
Enforce unpublished policies
Discipline conduct not covered by statute or rule
Impose penalties without authority granted by law
Ignore procedural safeguards
Courts consistently overturn disciplinary actions when boards exceed these limits.
7. Practical Legal Summary
SPS Chapter 80 provides binding rules, not guidelines
The Cosmetology Examining Board is powerful but not absolute
Wisconsin courts require:
Fair notice
Consistent enforcement
Evidence-based discipline
Licensees have enforceable legal rights
RELATED Blog
comments