The alternative to this rule project would be to not update the administrative rules to bring them into conformity with 2019 Wisconsin Act 137, which would result in a lack of clarity for stakeholders as to what the applicable requirements are for a funeral director apprenticeship or license. 4. Detailed explanation of statutory authority for the rule:
2019 Wisconsin Act 137 requires the Board to adopt rules regarding permissible or required content for the four hours of continuing education required of licensees in the first renewal period following initial licensure. Act 137 also gives the Board authority to promulgate emergency rules to implement the act without providing evidence that the rule is necessary for the preservation of the public peace, health, safety, or welfare. Section 15.08 (5) (b), Stats., “[e]ach examining board…[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 227.11 (2) (a), Stats., “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…” Section 445.03 (2), Stats., “[t]he examining board may: (a) Make and enforce rules not inconsistent with this chapter establishing professional and business ethics for the profession of funeral directors and for the general conduct of the business of funeral directing, and for the examining and licensing of funeral directors and the registration of apprentices.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The staff time needed to develop the rules is expected to be about 80 hours, depending on the complexity. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with description of all entities that may be affected by the proposed rule:
Individuals licensed in Wisconsin as funeral directors, funeral director apprentices, and those seeking licensure as funeral directors or funeral director apprentices.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule: None.
8. Anticipated economic impact of implementing the rule:
The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole.
Approved for Publication:
Board Chair
Date Submitted
