CR 20-034 Rule Text

Generally, Minnesota does require each licensing board to promulgate rules allowing for expedited temporary credentials to be issued to service members, former service members discharged in the last two years, and their spouses. Applicants must show a valid credential issued by another jurisdiction, without history of disciplinary action, and must pass a background check. The applicant must complete all application requirements during the life of the temporary credential (Minn. Stats. § 197.4552).

Summary of factual data and analytical methodologies:

The Board considered the necessity of implementing the statutory changes created by 2017 Act 278 and 2019 Act 143 in drafting this rule, and made the revisions to its rules necessary to implement these legislative changes.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The rule was posted on the department’s website for 14 days to solicit information from the public on the possible economic impact of the proposed rule. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is 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 [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator

Department of Safety and Professional Services, Division of Policy Development

P.O. Box 8366, Madison, Wisconsin 53708

[e-mail], [phone]

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TEXT OF RULE

Section 1. CB 1.01 is amended to read:

CB 1.01 The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.09, and 440.905, Stats.

Section 2. CB 1.013 is created to read:

CB 1.013 Definitions; generally. As used in chs. CB 1 to 6, “board” means the cemetery board.

Section 3. CB 1.015 is repealed and recreated to read:

CB 1.015 Definitions; this chapter. As used in this chapter:

(1) “Former service member” has the meaning in s. 440.09 (1) (a), Stats.

(2) “Service member” has the meaning in s. 440.09 (1) (b), Stats.

(3) “Spouse” has the meaning in s. 440.09 (1) (c), Stats.

Section 4. CB 1.02 (1) (a) is amended to read:

CB 1.02 (1) (a) Information about any crimes committed by the applicant

and any charges pending against the applicant criminal convictions or pending charges against the applicant. 

Section 5. CB 1.03 is created to read:

CB 1.03 Reciprocal credentials for servicemembers, former servicemembers, and spouses. A reciprocal preneed seller or cemetery salesperson credential shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this subsection.

Section 6. 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.

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(END OF TEXT OF RULE)

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Dated _________________     Agency __________________________________

            Chairperson

            Cemetery Board