103.275 Duties of employers in house-to-house street trades.
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103.275 Duties of employers in house-to-house street trades.
(1)Certification required. No person may do any of the following without obtaining a certificate under sub.
(2):
(a)Act as a house-to-house employer.
(b)Recruit or offer employment to a minor to conduct street trades from house to house.
(2)Application and issuance of certificate.
(a)A person shall apply to the department for a house-to-house employer certificate by submitting an application to the department. The department shall furnish applications upon request and applications shall contain all of the following:
1. The name of the applicant and the address and telephone of its principal place of business.
2. If the applicant is a corporation, the date and place of its incorporation.
2L. If the applicant is a limited liability company, the date and place of its organization.
3. The name and permanent home address of the sole proprietor, managing partner, managers or principal officers of the applicant.
4. The names, permanent home addresses and dates of birth of any of the applicant’s employees, agents or representatives who supervise minor employees conducting street trades from house to house.
5. The employer identification numbers assigned to the applicant by the internal revenue service and the department of revenue.
6. Any documents required by the department to prove that the applicant has complied with sub.
(3).
7. Any other information that the department considers relevant.
(b)Except as provided under pars.
(bm),
(br), and
(bt), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:
1. The department is satisfied that the applicant will comply with ss. 103.21 to 103.31 .
2. The applicant has established proof of ability to pay under sub.
(3).
3. If the application is for a new certificate after revocation under sub.
(7), the revocation occurred at least 12 months before issuance of the new certificate.
1. Except as provided in subd. 2m. , the department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant’s social security number, and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant’s federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.
2. If an applicant who is an individual fails to provide the applicant’s social security number to the department or if an applicant who is not an individual fails to provide the applicant’s federal employer identification number to the department, the department may not issue or renew a house-to-house employer certificate under this subsection to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.
2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A house-to-house employer certificate issued in reliance upon a false statement submitted under this subdivision is invalid.
3. The department of workforce development may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or the department of children and families for purposes of administering s. 49.22 .
(bm)The department of workforce development shall deny, suspend, restrict, refuse to renew, or otherwise withhold a house-to-house employer certificate for failure of the applicant or house-to-house employer to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or house-to-house employer to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53
(5)and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857 . Notwithstanding sub.
(7)and s. 103.005
(10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in sub.
(7)and ch. 227 .
(br)The department shall deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department of revenue certifies under s. 73.0301 that the applicant or house-to-house employer is liable for delinquent taxes. Notwithstanding sub.
(7)and s. 103.005
(10), an action taken under this paragraph is subject to review only as provided under s. 73.0301
(5)and not as provided in sub.
(7)and ch. 227 .
1. The department may deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department determines that the applicant or house-to-house employer is liable for delinquent contributions, as defined in s. 108.227
(d). Notwithstanding sub.
(7)and s. 103.005
(10), an action taken under this subdivision is subject to review only as provided under s. 108.227
(5)and not as provided in sub.
(7)and ch. 227 .
2. If the department denies an application or revokes a certificate under subd. 1. , the department shall mail a notice of denial or revocation to the applicant or house-to-house employer. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or house-to-house employer may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or house-to-house employer is liable for delinquent contributions reviewed at a hearing under s. 108.227
(a).
3. If, after a hearing under s. 108.227
(a), the department affirms a determination under subd. 1. that an applicant or house-to-house employer is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or house-to-house employer may seek judicial review under s. 108.227
(6)of an affirmation by the department of a denial or revocation under this subdivision.
4. If, after a hearing under s. 108.227
(a), the department determines that a person whose certificate is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227
(d), the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
(c)A person who receives a house-to-house employer certificate shall notify the department of any changes in the information required in the application submitted under par.
(a)within 30 days after the change occurs.
(d)A house-to-house employer certificate is valid for a 12-month period. A house-to-house employer may renew a certificate by submitting an application under par.
(a), subject to the conditions under par.
(b).