Wisconsin Administrative Code

ETH 16.03 Topic of a lobbying communication. A person reports a topic as provided by s. 13.67, Stats., if the person provides the ethics commission all of the following information: (1) A succinct written statement sufficient to put the reader on notice of the communication[s spe…

ETH 16.04 Proposed administrative rule number. A person reports a proposed administrative rule number as provided by s. 13.67, Stats., if the person provides the commission the state agency name and scope statement number. 2 017: cons. and renum. (intro.) and (1) to ETH 16.04 and…

ETH 16.05 Voluntary lobbyist home address disclosure. The Commission may request a lobbyist to voluntarily provide his or her home address to the commission upon application for licensure. An address provided under this section may be retained and utilized by the commission only …

ETH 21.02 Definitions. As used in this chapter: (1) XAdministratorY means an individual appointed by the commission pursuant to s. 15.62 (1) (b), Stats., or, upon delegation by the administrator, the assistant administrator or staff counsel. (2) XAssistant administratorY means an…

ETH 21.03 Receipt and preliminary review of complaints. (1) COMPLAINT FORM AND CONTENTS. A complaint shall be filed in writing. The complaint, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A complaint shall include all of the…

ETH 21.04 Acknowledgement and notice of complaints. After preliminary review of a complaint under s. ETH 21.03 (2), but within 5 calendar days of receipt of the complaint, the administrator shall: (1) Send a written notice to the complainant that provides all of the following: (a…

ETH 21.05 Response form and contents. A response to a complaint, if any, shall be filed in writing. The response, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A response, if any, shall include all of the following: (1) The c…

ETH 21.06 Preliminary requests for information. Before the commission makes a determination of reasonable suspicion, the administrator may request from any person any of the following: (1) If the complaint alleges a violation by any local registrant, a copy of the campaign regist…

ETH 21.07 Determination of reasonable suspicion. (1) In making its determination as to whether reasonable suspicion of a violation exists, the commission may consider the complaint, the response, information provided upon request under s. ETH 21.06, publicly available information…

ETH 21.08 Determination of probable cause. (1) At the conclusion of its investigation, the commission shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation has occurre…

ETH 21.09 Exercises of prosecutorial discretion. Pursuant to the authority granted in s. 19.49 (2) (b) 4., Stats., the commission may vote to terminate a complaint or investigation at any time notwithstanding a finding of reasonable suspicion or probable cause that a violation ha…

ETH 21.10 Notification of dismissal. After a determination that either no reasonable suspicion or no probable cause of a violation exists, or where any complaint is deemed to be dismissed by the commission, the administrator shall send a written notice to the complainant and resp…

ETH 21.30 Requests for written advice. (1) GENERAL PROVISIONS. (a) A person may request either a formal or an informal advisory opinion of the commission. An informal opinion may be issued by the administrator and is issued only to the person requesting the opinion. A formal opin…

ETH 26.01 Definitions. In this chapter: (1) X15 day reportY means the report referred to in s. 13.67, Stats. (1m) XBusiness dayY means any day Monday to Friday, excluding Wisconsin legal holidays as defined in s. 995.20, Stats. (2) XCommissionY means the Wisconsin Ethics Commissi…

ETH 26.02 Settlement of campaign finance violations. (1) FAILURE TO TIMELY FILE A CONTINUING REPORT OR SEPTEMBER REPORT. (a) If the commission receives a continuing or September report within 30 calendar days after the due date for that report, the commission may issue a written …

ETH 26.03 Settlement of lobbying violations. (1) FAILURE TO TIMELY FILE A STATEMENT OF LOBBYING ACTIVITY AND EXPENDITURES. (a) If the commission receives a statement of lobbying activity and expenditures within 2 business days after the due date for that report: 1. If the princip…

ETH 6.02 Registration statement sufficiency. (1) Any registration filed with a filing officer under ss. 11.0201, 11.0202, 11.0203, 11.0301, 11.0302, 11.0303, 11.0401, 11.0402, 11.0403, 11.0501, 11.0502, 11.0503, 11.0601, 11.0602, 11.0603, 11.0701, 11.0702, 11.0703, 11.0801, 11.08…

ETH 6.03 Assistance by ethics commission staff. Pursuant to the authority and responsibility vested in the ethics commission by the statutes, specifically s. 19.46 (2), Stats., the staff of the commission is authorized to provide advice to any interested person with respect to th…

ETH 6.04 Filing documents by facsimile (FAX) process. (1) As used in this rule: (ag) XCommissionY means the ethics commission. (ar) XDocumentY means any form, statement, pleading or other writing which is required to be filed with the filing officer. (b) XFacsimile processY means…

ETH 6.05 Filing campaign finance reports in electronic format. (1) Definitions: As used in this rule: (a) XCampaign periodY for a candidate has the same meaning as provided in s. 11.1103, Stats., and for any other registrant begins on January 1 of an odd-numbered year and ends on…

FD 1.01 Authority and intent. This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 (2) (a), 440.08 (3) (b), and 445.03 (2) (a), Stats., to clarify and establish licensure criteria for funeral directors, funeral director apprentices, and funeral establishment…

FD 1.013 Definitions; generally. As used in chs. FD 1 to 4 and FD 6: (1c) XApprenticeY has the meaning given in s. 445.01 (2), Stats. (1g) XBoardY means the funeral directors examining board. (1m) XFuneral arrangementsY means the provision of information or advice, at the time of…

FD 1.02 Applications. An applicant for a funeral director[s license shall submit all of the following: (1) A completed application. (2) Required fee under s. 440.03 (9) (a), Stats. (3) Evidence of completion of at least 24 semester credits of FD 1.075 FD 1.076 FD 1.077 FD 1.08 FD…

FD 1.03 Examination grade. The passing grade on each licensure examination shall be determined by the board to represent minimum competence to practice. The board may adopt the recommended passing score of the examination provider. History: Cr. Register, July, 1988, No. 391, eff.…

FD 1.04 College instruction. To meet the requirement of 24 semester credits of instruction specified in s. 445.045 (1) (d), Stats., an applicant shall submit to the board an official transcript of courses from a regionally accredited college showing that the applicant has complet…

FD 1.05 Mortuary school. The candidate shall have sat- the chapter was last published. FD 1.05 WISCONSIN ADMINISTRATIVE CODE isfactorily completed 9 months or more instruction in a prescribed course in mortuary science, either before or after completing the 1 year apprenticeship …

FD 1.055 Certification class requirement. Prior to beginning the 1 year apprenticeship required under s. 445.095, Stats., the applicant shall provide evidence of completion of an in-person 16-hour certification class approved by the board, unless the applicant has already complet…

FD 1.056 Certification class content. (1) The 16hour certification class shall contain the following instructional topics: (a) Funeral director apprentice expectations. (b) Funeral ethics and etiquette. (c) Understanding funeral services, gatherings, and various types of disposit…

FD 1.065 Changes in apprenticeship assignment. (1) Whenever any licensed funeral director discharges an apprentice the funeral director shall within 5 days notify in writing the funeral directors examining board, giving the name and address of the apprentice, and the date of disc…

FD 1.070 Semiannual apprentice reporting requirements. An apprentice shall provide semiannual reports to the examining board as required by s. 445.095 (3g), Stats. The semiannual reporting periods shall be January 1 to June 30 and July 1 to December 31. Reports shall be due 30 da…

FD 1.075 Supervision of apprentices. (1) Apprentices may engage in the following activities only when under the personal supervision of a licensed funeral director: (a) Making funeral arrangements. (b) Embalming a dead human body. (c) Conducting funeral services. (2) Apprentices …

FD 1.076 Terms of apprenticeship. (1) An apprenticeship shall not exceed 4 years from the time of first registration unless a one-year extension is granted by the board. After 4 years from the time of first registration or, if an extension is granted, after the expiration of the …

FD 1.077 Licensure eligibility. In addition to the re- the chapter was last published. 3 FUNERAL DIRECTORS EXAMINING BOARD quirements under this chapter and s. 445.095, Stats., eligibility for a funeral director license shall require an apprentice to present affidavits from the l…

FD 1.08 Permits. (1) Before opening for business, and every 2 years thereafter, a funeral establishment operator shall obtain a permit from the board through application upon a form furnished by the board. An original permit may not be granted to an operator of a funeral establis…

FD 1.09 Preparation rooms. (1) Every installation used for embalming operations must contain a floor area of not less than 100 square feet per embalming table and must be used solely for this purpose. It must be isolated by walls or adequate partitions. The walls and furniture mu…

FD 1.10 License renewal and reinstatement procedures. (1) RENEWAL WITHIN 5 YEARS. A credential holder shall renew the license by paying the renewal fee specified in s. 440.08 (2), Stats., and attesting to completion of the continuing education required under s. FD 4.03. If the cr…

FD 1.11 Renewal of Wisconsin licenses of out-ofstate funeral directors. (1) INTENT. The intent of the board in adopting this section is to clarify the board[s interpretation of s. 445.06, Stats., that a licensee seeking renewal of a funeral director[s license who is doing busines…

FD 1.12 General reciprocity. A person licensed as a funeral director in another state may obtain a license under this chapter if the applicant holds a valid funeral director[s license in good standing from another state having requirements determined by the board to be substantia…

FD 1.13 Reciprocity for service members, former service members, and spouses of service members or former service members. (1) As used in this section: (a) XFormer service memberY has the meaning provided in s. 440.09 (1) (a), Stats. (b) XService memberY has the meaning provided …

FD 2.01 Authority and intent. This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 and 445.03, Stats., and specifies the minimum standards of operation of funeral establishments and conduct of funeral directors under ch. 445, Stats. Note: Funeral directors m…

FD 2.03 Operation of a funeral establishment. Even though persons other than licensed funeral directors may own a funeral establishment: (1g) The following tasks may only be performed by licensed funeral directors or funeral director apprentices under the personal supervision of …

FD 2.04 Discrimination. No funeral director licensed in Wisconsin, or apprentice funeral director holding a certificate of apprenticeship in this state, or person holding a funeral establishment permit herein, shall deny services or the use of an establishment to any person becau…

FD 2.05 Business telephone listings and advertising. (1) Each funeral establishment shall insure that only true funeral establishment names and addresses as registered with the funeral directors examining board shall appear in telephone listings or other publications and in adver…

FD 2.08 Business practices. (1) Each funeral establishment shall offer a broad range of personal services, caskets, merchandise and prices consistent with the needs and desires of the families in the community. Records documenting these needs and desires shall be available for re…

FD 2.09 Commission prohibited. Except as provided in s. 445.125 (3m), Stats., paying or accepting a commission or a salary based upon the selling price or number of funeral services sold shall be considered unethical and is therefore prohibited. History: Cr. Register, June, 1978,…

FD 2.10 Sanitation. (1) All preparation rooms, equipment, instruments and supplies in funeral establishments shall be maintained in a clean and sanitary condition. (2) All post-mortem procedures shall be performed and all preparation rooms, equipment, instruments and supplies in …

FD 2.11 Radioactive materials. A funeral director or embalmer who takes possession of a dead human body which might possibly contain radioisotope must take all necessary steps to protect the members of the staff who are called upon to handle the body. History: Cr. Register, June,…