157.65 Enforcement.
(1)
(a) If the cemetery board has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the cemetery board may investigate.
(b) If the cemetery board has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the cemetery board may investigate.
(2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the cemetery board to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.
(3) In lieu of instituting or continuing an action under this section, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this subchapter from the person who has engaged in the act or practice. An assurance entered into under this subsection shall not be considered evidence of a violation of this subchapter, but a violation of the assurance shall be treated as a violation of this subchapter.
History: 1989 a. 307; 1995 a. 27 ss. 4405, 4406, 9116 (5); 2005 a. 25; 2011 a. 32; 2015 a. 237.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 157 - Disposition of human remains.
157.01 - Rules for preparation, transportation and disposition.
157.02 - Disposal of unclaimed corpses.
157.055 - Disposal of human remains during state of emergency relating to public health.
157.062 - Cemetery associations; creation; powers and duties.
157.064 - Cemetery associations and religious associations; holding property; change of ownership.
157.065 - Location and ownership of cemeteries.
157.067 - Connection with funeral establishment prohibited.
157.10 - Alienation, disposition, and use of cemetery lots and mausoleum spaces.
157.11 - Improvement and care of cemetery lots and grounds.
157.111 - Opening and closing of burial places.
157.112 - Reburial of human remains by a cemetery authority.
157.113 - Permission to place cremated human remains in a cemetery.
157.114 - Duty to provide for burials.
157.115 - Abandonment of cemeteries and cemetery lots.
157.123 - Columbaria maintained by religious associations.
157.125 - Trustees for the care of cemeteries or cemetery lots.
157.128 - Minimum acreage requirement for cemetery established on or after November 1, 1991.
157.129 - Minimum acreage of cemeteries; local ordinance.
157.19 - Deposit and investment of care funds and preneed trust funds.
157.50 - Municipal cemeteries.
157.60 - Public easement in cemetery.
157.62 - Reporting; record keeping; audits.