Wisconsin Administrative Code Cemetery Board
1. Overview of the Wisconsin Cemetery Board
The Cemetery Board is a regulatory body in Wisconsin under the Department of Safety and Professional Services (DSPS).
Its purpose is to regulate cemetery authorities, cemetery salespersons, preneed sellers, mausoleum construction, and care funds, ensuring financial integrity and protecting the public.
The Board derives its authority from:
Wis. Stat. § 15.405(3m) – establishing the board.
Wis. Stat. chs. 157 and 440.90–440.93 – governing cemetery operations, licenses, and disciplinary actions.
2. Key Chapters of the Administrative Code (CB)
A. CB 1 – Licensing & Registration
Establishes rules for obtaining and renewing licenses or registration for:
Cemetery authorities (organizations managing cemeteries)
Cemetery salespersons
Preneed sellers (sellers of future cemetery services or merchandise)
Applicants must disclose:
Criminal convictions
Prior licensing disciplinary actions
Civil lawsuits related to cemetery business
The Board can deny or limit applications for unprofessional conduct, fraud, or failure to comply with statutes or rules.
B. CB 2 – Annual Reports
Cemetery authorities and preneed sellers must file annual reports with the Board.
Reports typically include:
Financial statements
Care fund balances
Updates on operations or trustees
Ensures transparency and compliance with perpetual care obligations.
C. CB 3 – Warehouses for Cemetery Merchandise
Sets standards for storage of cemetery merchandise (vaults, caskets, memorials).
Purpose is to protect consumer purchases and ensure accountability for preneed contracts.
D. CB 4 – Care Fund Trustees
Rules for trustees managing cemetery care funds or preneed trust funds.
Requires notification to the Board when trustees change.
Protects perpetual care funds from mismanagement.
E. CB 5 – Alternative Care Investments
Care funds must be invested prudently to maintain principal and generate income for cemetery maintenance.
Prohibits self-dealing by trustees or Board members and requires diversification and risk management.
F. CB 6 – Mausoleum Rules
Governs construction standards for mausoleums:
Must use durable materials
Subject to Board inspection and approval
Fees may apply for review
Ensures safety, longevity, and proper use of mausoleum spaces.
3. Relationship Between Statutes and Administrative Code
Licensing & Registration (Wis. Stat. § 440.91):
Cemetery authorities with $50,000+ in trust funds must be licensed.
Those with less than $50,000 must be registered.
Cemetery salespersons must also hold credentials.
Definitions (Wis. Stat. § 157.061):
Defines “cemetery authority,” “care fund,” “mausoleum,” and other key terms for consistency.
Administrative rules provide details and enforcement mechanisms that expand on statutory provisions.
4. Enforcement & Discipline
The Board can reprimand, suspend, revoke, or deny credentials for violations of statutes or administrative rules, including:
Operating without a license or registration
Failing to file required reports
Mismanaging care funds
Fraudulent conduct
Example Administrative Case
A cemetery authority was reprimanded for:
Operating with an expired license
Failing to file annual reports
The Board imposed a reprimand and required payment of administrative costs.
This demonstrates practical enforcement of the administrative rules.
5. Case Law Relevant to Cemetery Regulation
Although there is limited published case law directly interpreting CB rules, there are notable examples regarding Wisconsin cemetery regulation:
A. Porter v. State
Wisconsin Supreme Court upheld laws preventing cemeteries from owning funeral homes.
Court emphasized that regulations are legitimate to protect consumers and prevent abuse of funds.
Relevance: Demonstrates judicial deference to cemetery regulations and the Board’s authority.
B. Williams/Jones Pioneer Cemetery
Courts enforce cemetery property and burial rights.
Establishes that cemeteries are protected legal entities and the Board’s oversight supports these protections.
6. Key Principles Behind the Rules
Consumer Protection: Ensure cemetery customers’ funds are safeguarded.
Perpetual Care: Trust funds must support ongoing cemetery maintenance.
Licensing Integrity: Applicants must demonstrate fitness and reliability.
Regulatory Oversight: The Board monitors operations, investments, and compliance, with disciplinary authority.
7. Practical Compliance for Cemetery Authorities
Credentialing: Apply for license/registration based on trust fund size.
Background Disclosures: Submit all relevant personal and business history.
Annual Reporting: Submit financial and operational reports to the Board.
Trust Fund Management: Invest care funds prudently and avoid conflicts of interest.
Construction Compliance: Build mausoleums to code and allow Board inspection.
Respond to Enforcement: Cooperate with investigations or disciplinary proceedings.
Summary
The Wisconsin Administrative Code – Cemetery Board (Ch. CB) ensures that cemeteries and related entities operate ethically, transparently, and sustainably.
Administrative rules supplement statutes and set detailed operational, reporting, and investment standards.
The Board has authority to discipline violators and protect public trust in cemetery operations.
Courts support reasonable regulation, emphasizing consumer protection and the integrity of cemetery care funds.
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