Wisconsin
Administrative
Register
No. 484
Publication Date: April 14, 1996
Effective Date: April 15, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
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Architects, Engineers, etc., Examining Board:
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Hearing to consider revision to chs. A-E 3 to 6, 9 and 10, relating to examination reviews. (p. 5)
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Dentistry Examining Board:
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Proposed amendment of s. DE 12.01 (3), relating to delegating prophylaxis to an unlicensed person. (p. 6)
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Employment Relations (Dept.):
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Hearing to consider revision to s. ER 29.03 (8), relating to rate of pay as result of voluntary demotions by employes subject to layoff. (p. 6)
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Industry, Labor & Human Relations:
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Plumbing, Chs. ILHR 81-87
Hearing to consider revision to chs. ILHR 82 and 84, relating to plumbing plans and standards. (p. 7)
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Revenue:
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Hearing to consider a revision of ch. Tax 18, relating to the assessment of agricultural land in 1996 and 1997. (p. 7)
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Savings and Loan:
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Hearing to consider s. S-L 3.02, relating to reorganization and securing insurance of accounts. (p. 8)
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Transportation (Dept.):
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Hearing to consider ch. Trans 258, relating to seed potato overweight permits. (p. 9)
Hearing to consider revision of ch. Trans 301, relating to human services vehicles. (p. 10)
Hearing to consider amendment to ch. Trans 139, relating to fee for title and registration processing contractors. (p. 11)
Proposed revision of ch. Trans 128, relating to a traffic violation and registration program. (p. 11)
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2) EMERGENCY RULES NOW IN EFFECT.
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Agriculture, Trade & Consumer Protection:
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Rules relating to price discrimination in milk procurement. (p. 13)
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Corrections:
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Rules relating to supervision fees for probationers and parolees. (p. 13)
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Development:
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Rules relating to the Community-Based Economic Development Program. (p. 14)
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Emergency Response Board:
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Rules relating to a grant for local emergency planning committees. (p. 14)
Rules relating to a fee for transporting hazardous material. (p. 14)
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Employment Relations (Dept.):
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Rule adopted creating s. ER 29.03 (8) (bm), relating to rate of pay as a result of voluntary demotions by employes subject to layoff. [FIRST APPEARANCE] (p. 15)
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Gaming Commission:
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Rules relating to the conduct of raffles. (p. 15)
Rules relating to simulcasting fees. (p. 15)
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Health & Social Services:
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Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 15)
Rules relating to use of community long-term support funds for community-based residential facilities (CBRF) residents. (p. 16)
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Health & Social Services:
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Health, Chs. HSS 110--
Rules relating to estate recovery under aid programs. (p. 16)
Rules relating to 3 pilot projects. (p. 16)
Rules relating to lead poisoning prevention grants. (p. 17)
Rules relating to authorized actions of emergency medical technicians-basic. (p. 17)
Rules relating to authorized action of EMTs-intermediate and -paramedic. (p. 17)
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Health & Social Services:
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Economic Support, Chs. HSS 200--
Rules relating to county relief programs funded by block grants. (p. 18)
Rules relating to tribal medical relief program. (p. 18)
Rules relating to a benefit cap pilot project under the AFDC program. (p. 18)
Rules relating to the pay for performance program. (p. 19)
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Industry, Labor & Human Relations:
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Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 19)
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Industry, Labor & Human Relations:
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Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 19)
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Insurance, Commissioner of:
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Rules relating to cost-containment rules. (p. 20)
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago. (p. 20)
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Public Instruction:
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Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 20)
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Regulation & Licensing:
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Rules relating to license renewal when delinquent taxes exist. (p. 20)
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Revenue:
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Rules relating to assessment of agricultural property in 1996. (p. 21)
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Transportation (Dept.):
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Rule relating to motor vehicle inspection and maintenance program (MVIP). (p. 21)
Rule relating to the federal section 18 program. (p. 21)
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3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
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Agriculture, Trade & Consumer Protection:
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Corrections:
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Dentistry Examining Board:
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Health & Social Services:
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Industry, Labor & Human Relations:
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Insurance:
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Railroads:
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Transportation (Dept.):
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4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
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Agriculture, Trade & Consumer Protection:
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Agriculture, Trade & Consumer Protection:
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Development:
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Health & Social Services:
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Health & Social Services:
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Health & Social Services:
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Optometry Examining Board:
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Personnel Commission:
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Personnel Commission:
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Personnel Commission:
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Public Service Commission:
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Railroads:
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N o t i c e S e c t i o n
Architects, Landscape Architects
Professional Geologists,
Professional Engineers,
Designers and Land Surveyors
Notice is hereby given that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 443.09 (6), Stats., the Examining Board of Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend ss. A-E 3.05 (8), 4.08 (7) (a), 5.04 (8) (a), 6.05 (9) (a), 9.05 (6) (a) and 10.05 (6) (a); and to create ss. A-E 4.08 (7) (b) (title), 6.05 (9) (b) (title), 9.05 (6) (b) (title) and 10.05 (6) (b) (title), relating to examination reviews.
Hearing Information
April 29, 1996 1400 East Washington Avenue
Monday Room 133
8:30 a.m. Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by May 6, 1996 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statute interpreted: s. 443.09 (6)
In this proposed rule-making order the Examining Board of Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors amends its rules relating to examination reviews by applicants. There is nothing in the current rules indicating how many times an applicant may review an examination. These amendments should prevent applicants from reviewing the same examination twice or more as recommended by national examination providers. The purpose of an examination review is to help the applicants recognize what they did wrong; not be given an opportunity to learn the entire examination contents.
Also, in order to make the language consistent in all sections relating to examination reviews, titles are created for some paragraphs, “one-year limitation” and “review procedure.”
Text Of Rule
SECTION 1. A-E 3.05 (8) (a) is amended to read:
A-E 3.05 (8) EXAMINATION REVIEW. (a) One-year limitation. Any An applicant for an architect examination may review questions on any part of an examination failed by the applicant within one year from the date of the examination, as specified in s. 443.09 (6), Stats. An applicant may review the examination only once.
SECTION 2. A-E 4.08 (7) (a) is amended to read:
A-E 4.08 (7) EXAMINATION REVIEW. (a) (title) One-year limitation. Any An applicant for an engineer examination may only review questions on any part of an examination failed by the applicant within one year from the date of the examination, as specified in s. 443.09 (6), Stats.
An applicant may review the examination only once.
SECTION 3. A-E 4.08 (7) (b) title is created to read:
A-E 4.08 (7) (b) (title) Review procedure.
SECTION 4. A-E 5.04 (8) (a) is amended to read:
A-E 5.04 (8) EXAMINATION REVIEW. (a) One-year limitation. Any An applicant for a designer examination may
only review questions on any part of an examination failed by the applicant within one year from the date of the examination, as specified in s. 443.09 (6), Stats. An applicant may review the examination only once.
SECTION 5. A-E 6.05 (9) (a) is amended to read:
A-E 6.05 (9) EXAMINATION REVIEW. (a) One-year limitation. Any An applicant for a land surveyor examination may
only review questions on any part of an examination failed by the applicant within one year from the date of the examination, as specified in s. 443.09 (6), Stats.
An applicant may review the examination only once.
SECTION 6. A-E 6.05 (9) (b) (title) is created to read:
A-E 6.05 (9) (b) (title) Review procedure.
SECTION 7. A-E 9.05 (6) (a) is amended to read:
A-E 9.05 (6) EXAMINATION REVIEW. (a) (title) One-year limitation. An applicant for a landscape architect examination may only review questions on any part of an examination failed by the applicant within one year from the date of the examination, as specified in s. 443.09 (6), Stats. An applicant may review the examination only once.
SECTION 8. A-E 9.05 (6) (b) (title) is created to read:
A-E 9.05 (6) (b) (title) Review procedure.
SECTION 9. A-E 10.05 (6) (a) is amended to read:
A-E 10.05 (6) EXAMINATION REVIEW. (a) (title) One-year limitation. Any An applicant for a professional geologist examination may review questions on any part of an examination failed by the applicant
if the request is received within one year from the date of the examination, as specified in s. 443.09 (6), Stats. An applicant may review the examination only once.
SECTION 10. A-E 10.05 (6) (b) (title) is created to read:
A-E 10.05 (6) (b) (title) Review procedure.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Dentistry Examining Board
Notice is hereby given that pursuant to ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (c), Stats., and interpreting ss. 447.01 (12), 447.02 (2) (c), 447.03 (3) (g) and 447.065, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Dentistry Examining Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on April 15, 1996, the Dentistry Examining Board is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (c)
Statutes interpreted: ss. 447.01 (12), 447.02 (2) (c), 447.03 (3) (g) and 447.065
This proposed rule-making order of the Dentistry Examining Board makes a technical clarification to s. DE 12.01 (3). On February 1, 1996, an amendment to that rule became effective which permits a dentist to delegate the polishing portion of an oral prophylaxis to an unlicensed person (
Clearinghouse Rule 95-054). However, the location of the new language in the body of the rule is such that it could be misinterpreted as also permitting the procedures subsequently listed in the provision to be delegated. The purpose of the structural change made in the proposed order is to assure that the rule is interpreted consistent with the intent of the prior amendment; that being to authorize the delegation of only the polishing portion of an oral prophylaxis to an unlicensed person. The modification does not change the language or substance of the rule as it became effective on February 1, 1996. Rather, it merely relocates the relevant language in the rule to provide clarify respecting the intent and substantive effect of the prior amendment.
Text Of Rule
SECTION 1. DE 12.01 (3) is amended to read:
DE 12.01 (3) Is intended, interpreted, or represented to be preliminary assessments, dental hygiene treatment planning, oral screenings, oral prophylaxes or any portion of an oral prophylaxis other than supragingival rubber cup and air polishing after calculus is removed if necessary, scaling or root planing, or dental sealants, or any portion of an oral prophylaxis other than supragingival rubber cup and air polishing after calculus is removed if necessary.
