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Please see http://docs.legis.wisconsin.gov for the production version.
The rule will be posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis will be attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in
s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435.
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the hearing scheduled for 9:30 AM on January 21, 2020 to be included in the record of rule- making proceedings.
TEXT OF RULE
SECTION 1. CB 6.07 (1) and (2) are amended to read:
CB 6.07 (1) If the board or its designee determines that, except for certain minor non- structural defects, the construction, alteration, or conversion complies with the approved plans, the board or its designee may provide the cemetery authority with a written progress reporttemporary certification that is contingent on the correction of those minor defects.
(2) If a cemetery authority with a progress reporttemporary certification notifies the board or its designee in writing before the expiration date of the temporary certification that the defects in the construction, alteration, or conversion of the public mausoleum have been corrected, the board or its designee shall, within 30 days after receiving the notice, reinspect the public mausoleum and provide the cemetery authority with a final inspection report as to whether the construction, alteration, or conversion complies with the approved plans.
SECTION 2. CB 6.08 is amended to read:
CB 6.08 Mausoleum sales. No person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. 440.92, Stats., or bury human remains in the public mausoleum until either the board has issued a temporary certification that the mausoleum contains only minor, non-structural defects, or all inspection defects are corrected and the board or its designee reinspects the public mausoleum and provides the cemetery authority with a final inspection report that indicates the construction, alteration, or conversion complies with the approved plans.
SECTION 3. CB 6.085 is created to read:
CB 6.085 Municipal requests for larger mausoleum care funds. A municipality may require by ordinance, with the written permission of the board, that cemetery authorities within its jurisdiction maintain a larger mausoleum care fund than what is required under
s. 157.12 (3) (a) 1. and 2, Stats. The board may issue a written approval of such an ordinance if the municipality submits a request containing the following:
(1) A copy of the proposed ordinance.
(2) A statement demonstrating a need for deviating from the statutory requirements.
(3) The requirements under the ordinance are reasonable as determined by the board.
SECTION 4. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
(END OF TEXT OF RULE)
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