RL 86.01 (2) All appraisals shall conform to the uniform standards of professional appraisal practice set forth in Appendix I. No certified or licensed appraiser may sign any written appraisal report which was not prepared by the appraiser or under his or her supervision.
SECTION 29. RL 86.01 (2a) is created to read:
RL 86.01 (2a) No certified or licensed appraiser may sign any written appraisal report which was not prepared by the appraiser or under his or her supervision.
SECTION 30. RL 87.01 (1) is amended to read:
RL 87.01 (1) Applications for renewal shall be submitted prior to the applicable renewal date specified under s. 440.08 (2) (a), Stats., as appropriate, and proof of completion of 20
28 hours of continuing education coursework as required under s. RL 85.01.
SECTION 31. RL 87.02 (1), (2) (intro.), (a) and (b) are amended to read:
RL 87.02 (1) If applying less than 5 years after the renewal date, submitting proof of completion of 20 28 hours of continuing education as required under s. RL 85.01 and paying the renewal fees specified in s. 440.08 (2) (a) 11., 11m. and 12. and (3), Stats.
(2) (intro.) If applying 5 years or more after the renewal date, submitting proof of completion of 20 28 hours of continuing education as required under s. RL 85.01, paying the renewal fees specified in s. 440.08 (2) (a) 11. and 12. and (3), Stats., and submitting proof of one or more of the following, as determined by the department to ensure protection of the public health, safety and welfare:
(a) Successful completion of educational coursework required by the department to ensure protection of the public health, safety and welfare; and,.
(b) Successful completion of an the examination required by the department to ensure protection of the public health, safety and welfare on Wisconsin statutes and rules or the national appraiser certification or licensure examination.
Fiscal Effect
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.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of 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.
Notice of Hearing
Workforce Development
(Worker's Compensation, Chs. DWD 80-82)
Notice is hereby given that pursuant to ss. 102.15, 102.28 (2) (b), 102.37 and 102.38, Stats., the Department of Workforce Development proposes to hold a public hearing to consider a revision of ch. DWD 80, relating to reports.
Hearing Information
The public hearing is scheduled as follows:
Date & Time Location
Sept. 11, 1997 Room 371, GEF# 1
Thursday 201 E. Washington Ave.
10:00 a.m. MADISON, WI
This 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) 266-1340, or Telecommunications Device for the Deaf (TTY) at (608) 266-1340, at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audiotape format will, to the fullest extent possible, be made available on request by a person with a disability.
Copies of Rule
A copy of the rules to be considered may be obtained from contacting the address or phone number given below, or at the appointed time and place the hearing is held.
Division of Worker's Compensation
Telephone (608) 266-1340
State Dept. of Workforce Development
201 E. Washington Ave.
P.O. Box 7901
MADISON, WI 53707-7901
Written Comments
Interested people are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearing may be submitted no later than September 12, 1997, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Richard D. Smith at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Analysis of the Proposed Rule
Statutory authority: ss. 102.15 (1), 102.28 (2) (b), 102.37 and 102.38
The rule clarifies reports required by the Department from insured employers, self-insured employers and insurance carriers. Generally, the rule eliminates or relaxes reporting requirements. It does not change prompt payment standards.
Significant changes include:
1) Insured employers are no longer required by rule to file any first report of injury (WKC-12);
2) Insurance carriers will file the WKC-12 on behalf of their insured, but the deadline for doing so has been changed from 7 days after the injury to 14 days after the injury;
3) The current 14-day standard for insurance carriers and self-insured employers to file a supplemental report (WKC- 13) and, if necessary, related documents (WKC- 13 -A, Part-time Employe Statement), has been changed from 14 days after the injury to 30 days after the injury; and,
4) Clarification that, except where investigations continue beyond 14 days, insurance carriers and self-insured employers are only required to report compensable injuries, not alleged injuries.
Under current law, there are several provisions in s. DWD 80.02 where the time period for reporting information is not specified or is indefinite (e.g., “immediately”). This rule sets a time period for reporting the information that is consistent with current, informal, Department expectations. The rule also requires that, except for the WKC- 12 and initial WKC- 13, insurance carriers and self-insured employers shall provide injured employes with a copy of the documents submitted to the Department. There are other minor clarifications or updates of language in the existing rule.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
Businesses that usually employ 3 or more employes or which pay $500 in a calendar quarter to all employes are subject to the Worker's Compensation Act and this rule.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
For smaller employers (i.e., those who are insured, not self-insured employers) this rule eliminates the requirement to file any first reports of injury with the Department. Insurers will be required to file the document on behalf of their insured employers.
3. Types of professional skills necessary for compliance with the rules:
None.
Fiscal Estimate
This rule streamlines and clarifies reporting requirements for insured employers, self-insured employers and insurance carriers. The requirement that insured employers report directly to the Department of Workforce Development all work-related injuries that involve three or more days of lost time is eliminated in the revisions to s. DWD 80.02. These injuries will be reported to the employers worker's compensation insurance carrier, who will be responsible for reporting them to the Department.
The Department receives approximately 65,000 injury claims per year. Over one-half of these claims are reported by insured employers. Some employers mistakenly report injury claims that do not involve at least three days of lost time. This “over-reporting” of several thousand claims per year generates unnecessary work for Department staff, including monitoring claim status and requesting additional information about the claim from the insurance carrier and/or employer.
It is assumed that the proposed changes to s. DWD 80.02 will have the following effect on the staff workload:
☞ Reduce by 5,000 the number of claims currently reported to the Department that need not be reported;
☞ Reduce the amount of correspondence currently sent to carriers and employers to clarify what appear to be not reportable claims;
☞ Reduce the amount of correspondence and phone calls received from carriers in response to Department inquiries regarding non-reportable claims;
☞ Reduce the amount of documents required to be imaged, reviewed and logged into the Department's claim information system.
This rule change will enable the Department to reallocate approximately 0.5 FTE position to higher priority claims monitoring work.
Long-Range Fiscal Implications:
Improved quality of claim reporting, more timely reporting and reduced exchange of correspondence between the Department and employers/carriers.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. HSS 163 - Relating to certification to perform lead abatement, other lead hazard reduction work, and lead management activities, accreditation of training courses for individuals performing those activities and approval of training course managers, principal instructors and guest instructors.
SS. Ins 17.01 and 17.28 - Relating to annual patients compensation fund and mediation fees for the fiscal year beginning July 1, 1997.
Chs. LES 1 to 6 - Relating to training and employment standards for law enforcement, tribal law enforcement, jail and secure detention officers and to administration of training.
S. Psy 4.02 - Relating to continuing education.
SS. Tax 11.32 and 11.68 - Relating to Wisconsin sales and use taxes.
