Wisconsin Statutes 445.13 – Investigations; hearing; revocation of licenses
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Terms Used In Wisconsin Statutes 445.13
- Allegation: something that someone says happened.
- Apprentice: means a person engaged in the learning of the practice of funeral directing under the instruction and personal supervision of a funeral director who is licensed under this chapter and whose funeral establishment is located in this state. See Wisconsin Statutes 445.01
- Examining board: means the funeral directors examining board. See Wisconsin Statutes 445.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Fraud: Intentional deception resulting in injury to another.
- funeral director: means any of the following:
(a) A person engaged in or conducting, or holding himself or herself out, in whole or in part, as being engaged in any of the following:
1. See Wisconsin Statutes 445.01Funeral establishment: means any building or part of a building used and held out to the public as being used for caring or preparing for the burial or transportation of dead human bodies or for holding or conducting of funeral services. See Wisconsin Statutes 445.01 Person: includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals. See Wisconsin Statutes 445.01 Subpoena: A command to a witness to appear and give testimony.
(1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations, subpoena witnesses, conduct hearings, limit, suspend or revoke a license of a funeral director, a certificate of registration of an apprentice or a permit of an operator of a funeral establishment and reprimand a funeral director, apprentice or operator of a funeral establishment for any violation of 15 U.S. Code § 45 and 57, of this chapter or of any rule of the department of health services or the examining board, for unprofessional conduct, including misrepresentation or fraud in obtaining the license, permit or certificate of registration, or for any violation of this chapter or any rule of the examining board by an agent authorized by the funeral director or operator of the funeral establishment under s. 445.125 (3m) (b) 2. a.
(1e) In addition to or in lieu of a reprimand or limitation, suspension or revocation of a license or permit under sub. (1), the examining board may assess against any person who violates s. 445.12 (3g) or (3r) or 445.125 (3m) or a rule promulgated under s. 445.125 (3m) (j) a forfeiture of no more than $1,000 for each violation.
(1m) The examining board shall investigate an allegation that a funeral director has failed to do any of the following:
(a) Mail or present a death record within 10 days after receipt from the person responsible for completing the medical certification under s. 69.18 (2).
(b) Within any period of 180 days, mail or present 6 or more death records within the 2-day time limit under s. 69.18 (1) (bm).
(c) Obtain the written permission to effect final disposition required under s. 69.18 (3) (b).
(d) Mail a report of final disposition required under s. 69.18 (3) (a) before effecting a final disposition, as defined in s. 69.01 (11).
(2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.