Wisconsin
Administrative
Register
No. 493
Publication Date: January 14, 1997
Effective Date: January 15, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
(608) 266-2011 ○ Fax (608) 267-0410
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
November 14, 1996
The 1995-96 Wisconsin Statutes and Annotations can be ordered now
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 3 to 12.
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Agriculture, Trade & Consumer Protection:
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Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
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Corrections:
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Rule relating to inmate mail.
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Development (Commerce):
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Rules adopted revising ch. DOD 13, relating to annual allocation of volume cap. [FIRST APPEARANCE]
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Health & Family Services:
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Community Services, Chs. HSS 30--
Rules relating to administration of child care funds.
Rules relating to child care providers' certification.
Rule relating to child care funds and copayments.
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Health & Family Services:
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Medical Assistance, Chs. HSS 100--
Rules relating to coverage of school-based medical services.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to permit fees.
Rules relating to public swimming pools.
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Health & Social Services (Workforce Development):
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Economic Support, Chs. HSS 200--
Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
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Industry, Labor & Human Relations (Commerce):
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Uniform Dwellings, Chs. ILHR 20-25
Rules relating to dwellings constructed in flood hazard zones.
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Industry, Labor & Human Relations (Workforce Development):
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Labor Standards, Chs. ILHR 270-279
Rules relating to the minimum wage.
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Insurance, Commissioner of:
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Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Rule adopted creating s. Ins 3.48 (18), relating to requirements for tax deductible long-term care insurance policies. [FIRST APPEARANCE]
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to the 1996 deer hunting season.
Rules relating to the 1996 deer hunting season.
Rules relating to the 1996 migratory game bird season.
Rules relating to fishing for yellow perch in Lake Michigan.
Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Rules relating to the Lake Superior fisheries management plan.
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Public Instruction:
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Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Rules relating to the handicapping condition of significant developmental delay.
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Transportation:
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Rules relating to transportation of garbage or refuse permits.
Rules relating to general transportation aids.
Rules relating to occupational driver's license.
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Workforce Development:
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Economic Support
Rules adopted creating ch. DWD 56, relating to administration of child care funds and required parent copayments. [FIRST APPEARANCE]
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Workforce Development:
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Wage Rates, Chs. ILHR 90-94
Rules relating to prevailing wage rates for state or local public works projects.
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Scope Statements.
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Pages 13 to 14.
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Financial Institutions:
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Ch. DFI-CU 54 - Relating to real estate mortgage loans in credit unions.
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Regulation & Licensing:
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RL Code - Relating to private detective agencies, private detectives, and private security persons.
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Revenue:
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S. Tax 11.12 - Relating to sales and use tax exemption for certain items used in farming.
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Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 15.
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Regulation & Licensing:
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Chs. RL 50, 52, 53 and 54 - Relating to repealing the report filing fee required of cemetery authorities and preneed sellers of cemetery merchandise.
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Veterinary Examining Board:
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S. VE 4.01 (3) - Relating to requiring applicants who have graduated from a school not approved by the Board to complete and obtain certification from the Educational Commission for Foreign Veterinary Graduates (ECFVG).
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Notice Section.
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Pages 17 to 21.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider s. ATCP 139.04 (11), relating to prohibiting certain substances in mobile air conditioning systems.
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Funeral Directors Examining Board:
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Hearing to consider ch. FD 6, relating to agents selling burial agreements that are funded with proceeds of a life insurance policy.
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Veterinary Examining Board:
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Hearing to consider s. VE 4.01 (3), relating to licensure of someone not a graduate of a Board-approved school.
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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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Page 22.
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Agriculture, Trade & Consumer Protection:
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Public Defender:
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Administrative Rules Filed With the Revisor of Statutes Bureau.
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Page 23.
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Agriculture, Trade & Consumer Protection:
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Commerce:
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Commerce:
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Medical Examining Board:
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( CR 92-162) - Chs. Med 1 to 8, 19 and 20
and s. Med 14.03
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Natural Resources:
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Regulation & Licensing:
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Regulation & Licensing:
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Revenue:
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E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT
Department of Agriculture, Trade & Consumer Protection
Rule adopted creating s. ATCP 139.04 (11), relating to prohibiting the sale of butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Finding of Emergency
(1) On June 2, 1995, the United States Environmental Protection Agency (“EPA”) issued a final rule prohibiting the use of HC-12a, a hydrocarbon-based refrigerant containing liquified petroleum gas, as a refrigerant in mobile air conditioning systems. EPA prohibited HC-12a, and a predecessor product called OZ-12, because of safety risks associated with the use of flammable refrigerants in mobile air conditioning systems. According to EPA, the manufacturer of HC-12a did not provide adequate information to demonstrate that the product was safe when used in a mobile air conditioning system.
(2) Despite the current EPA rule, at least one company is currently engaged in manufacturing and distributing HC-12a for use in motor vehicle air conditioning systems. The Idaho manufacturer argues that EPA lacks jurisdiction to regulate the sale of its product. HC-12a is currently being offered, distributed or promoted for sale at wholesale and retail outlets in Wisconsin and surrounding states, for use as a refrigerant in mobile air conditioning systems.
(3) HC-12a is a highly flammable substance, as defined by the American Society of Testing and Materials (ASTM) standard test procedure for refrigerants, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), and Underwriter's Laboratories. Use of HC-12a or its predecessor, OZ-12, in mobile air conditioning systems is inconsistent with standards adopted by the Society of Automotive Engineers. According to those standards, refrigerants used in mobile air conditioning systems must be of low toxicity, and must be nonflammable and nonexplosive.
(4) At least 13 states have enacted legislation prohibiting the sale of refrigerants for use in air conditioning or refrigeration systems unless those refrigerants meet flammability standards or are specifically approved for their intended use.
