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.
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.
Department of Employment Relations
Notice is hereby given that pursuant to s. 230.04(5), Stats., and interpreting s. 230.04(1), Stats., the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to the rate of pay as a result of voluntary demotions by employes who are notified they may be subject to layoff. The hearing will also include emergency rules promulgated on the same subject. The emergency rules became effective March 18, 1996 upon publication in the Milwaukee Journal Sentinel. The texts of the emergency rules and the proposed permanent rules are identical.
Hearing Information
May 3, 1996 Monona Room (Lower Level)
Friday Dept. of Employment Relations
9:00 a.m. to 10:00 a.m. 137 East Wilson Street
Madison, WI 53702
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by Monday, May 6, 1996. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Department of Employment Relations
The Department's authority to promulgate these rules is found in s. 230.04 (5), Stats. The rules implement the powers and duties of the Secretary under s. 230.04 (1), Stats.
Employes who have permanent status in the state classified service may voluntarily demote to a position in a lower pay range. Under current Department rules, if an employe voluntarily demotes, the employe's rate of pay may be set at any point within the new pay range which is not greater than the last rate received (s. ER 29.03 (8)(b)). The employe's pay is subject to the maximum of the new pay range.
State classified employes may also voluntarily demote in lieu of layoff. If an employe voluntarily demotes as a result of layoff to the highest available vacancy for which the employe is qualified within the agency, the employe must be maintained at his/her current rate of pay, even if the pay rate exceeds the maximum of the new class (s. ER 29.03 (8)(c)).
Under current rules, however, there are no specific provisions governing employes who voluntarily demote after being notified that layoffs may occur in the agency and their position is “at risk” of being affected by the layoffs. The pay of employes who voluntarily demote under these circumstances is subject to the maximum of the new pay range under s. ER 29.03 (8)(b).
The emergency rule and proposed permanent rule both allow an employe who is “at risk” of layoff to voluntarily demote and retain his/her current pay rate under certain circumstances -- even if the current pay rate exceeds the maximum of the new pay range. Specifically, the change applies to an employe who has been notified in writing by the appointing authority that layoffs may occur in the agency and the employe's position may be affected by the impending layoffs. If such an employe voluntarily demotes, he/she may be allowed to retain his/her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employe is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.
Text of Rule
SECTION 1. ER 29.03(8) (bm) is created to read:
29.03(8) (bm) An employe who voluntarily demotes within the agency after the employe has been notified in writing by the appointing authority that layoffs may occur in the agency and the employe's position may be affected by the impending layoffs, may be allowed to retain his or her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employe is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.
Fiscal Estimate
The fiscal effect on the State is indeterminable because it is impossible to identify how many employes will be affected by the change and how many employes would end up going through the formal layoff process.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Contact Person
Please contact the person listed below with questions about the hearing or the rules, or to obtain a copy of the emergency rule (including the Finding of Emergency), the proposed permanent rule or the fiscal estimate.
Bob Van Hoesen
Department of Employment Relations
137 East Wilson Street
Madison, WI 53702
608-267-1003
Industry, Labor & Human Relations
(Plumbing, Chs. ILHR 81-87)
Notice is given that pursuant to s. 145.02 (2), Stats., the Department of Industry, Labor and Human relations proposes to hold a public hearing to consider the revision of chs. ILHR 82 and 84, Wis. Adm. Code, relating to plumbing plans and adopted standards.
Hearing Information
May 3, 1996 Madison
Friday Room 103, GEF-1
10:00 a.m. 201 E. Washington Avenue
A copy of the rules to be considered may be obtained from the State Department of Industry, Labor and Human Relations, Division of Safety and Buildings, 201 E. Washington Avenue, P.O. Box 7969, Madison, WI 53707, by calling (608) 266-9375 or at the appoint time and place the hearing is held.
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than May 10, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Ronald Acker at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
The hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-9375 or Telecommunication Device for the Deaf (TDD) at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Analysis of Proposed Rules
Statutory Authority: s. 145.02 (2)
Statute Interpreted: s. 145.02 (3) (intro.) and (g)
