This action represents a change from past policy.
The establishment of a harvest limit for alewives is a significant change; however, with added provisions designed to prevent the additional loss of alewives, this rule is designed to retain the Department policy of limiting mortality of alewives in commercial fishing, in order to reserve them for use as food for salmon and trout.
Explain the facts that necessitate the proposed change:
This rule is promulgated to fulfill the requirements of s. 29.33 (4m) (e), Stats., as created by 1997 Wis. Act 27, and to meet the related veto message directions by Governor Thompson.
Statutory authority:
SS. 29.085, 29.33 (1), (4m) (e), as created by 1997 Wis. Act 27 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 42 hours. Two public hearings will be held in April, 1998, at Green Bay and Manitowoc, Wisconsin.
Optometry Examining Board
Subject:
Opt Code - Relating to credential application and examination requirements for individuals applying for a license to practice optometry.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to revise and clarify the credential application procedures and examination requirements for applicants applying for a license to practice optometry.
Policy analysis:
Individuals applying for a license to practice optometry are required to pass Parts I, II and certain components of Part III of the examination administered by the National Board of Examiners in Optometry. Until recently, applicants were also required to pass a practical examination administered by the board, because the board did not accept the results of the practical component of Part III of the national examination. As a result, applicants were required to pass two practical examinations, the practical component of Part III and the practical examination given by the board. After further review, the board determined that the practical component of Part III is equivalent to its practical examination. Thereafter, the board discontinued its practical examination and voted to accept the practical component of Part III instead. The proposed revisions to the rules will reflect this change.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 440.07 and 449.04, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
5 hours.
Physical Therapists Affiliated Credentialing Board
Subject:
PT Code - Relating to temporary licenses to practice physical therapy under supervision.
Description of policy issues:
Objective of the rule:
The objective of this revision is to repeal a section that was inadvertently left in a previous rule-making order.
Policy analysis:
A recent change in the Physical Therapy National Examination being given on a computerized basis required the Board to promulgate rules regarding temporary licenses. In making those amendments in
Clearinghouse Rule 96-52, the Board inadvertently left in s. PT 3.01 (5). The repeal of s. PT 3.01 (5), which states that a temporary license cannot be renewed, is necessary as it conflicts with s. PT 3.01 (4), which says that a temporary license can be renewed for hardship reasons.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
1 hour.
Psychology Examining Board
Subject:
Psy Code - Relating to clarification of administrative rules relating to psychologists and the private practice of school psychology.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes being recommended relate to amending form, style, grammar, punctuation; use of plain language to improve readability; statutory authority; conflicts or duplication of existing rules; examination reviews; passing scores; cheating policy; eliminating outdated provisions; updating citations to statutes for accuracy; and issues regarding safety and welfare of the public. A substantive provision addresses the Americans With Disabilities Act.
Policy analysis:
The proposed changes focus on form, style, grammar and punctuation of the existing rules in order to improve readability and eliminate outdated provisions. The changes also update citations referencing statutes which have been renumbered, modified or repealed; and deal with examination passing scores, cheating and reviews. The proposals also create a provision relating to reasonable accommodations as required under the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 455.08, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
20 hours.
Public Instruction
Subject:
Ch. PI 40 - Relating to administering the youth options program.
Description of policy issues:
Rationale for proposed rule development:
1991 Wis. Act 39 created the postsecondary enrollment options (PSEO) program beginning in the 1992-93 school year. The program allowed any public school pupil enrolled in the 11th or 12th grade to enroll in a center or institution within the UW system, a Wisconsin technical college system (WTCS) school or a private, nonprofit institution of higher education (IHE).
Administrative rules, ch. PI 40, were created to administer the program. The rules established general requirements for participating pupils, parents/guardians, school boards, IHE's, transportation reimbursement, appeals, and state superintendent's responsibilities. The provisions relating to IHE's pertained to technical colleges as well.
Effective the 1998-99 school year, 1997 Wis. Act 27 replaces the PSEO program with the youth options program and makes several modifications. For private colleges and the UW system, the youth options program will operate essentially the same as it did under the PSEO program. However, the program differentiates between participation in an institution of higher education (IHE) and a technical college making it necessary to revise the rule as it relates to technical colleges.
Describe the objective(s) of the proposed rule:
To modify the current rules under ch. PI 40 relating to technical colleges to provide for clarity and to comply with statutory language changed as a result of 1997 Wis. Act 27.
To review and possibly modify the guidelines used in the determination and awarding of high school credit. This will be done in cooperation with the IHE's.
To describe the requirements of the technical college in ensuring that a pupil's educational program meets the high school graduation requirements under s. 118.33, Stats. This will be done in cooperation with the Wisconsin Technical College System Board.
To eliminate the requirement that a school district offer a course if the school board determined that the number of resident pupils enrolled in a postsecondary course at a postsecondary institution was equal to or greater than the number normally required for the district to offer the course and if the board expected the situation to continue in the next year.
Describe any existing relevant policies to be included in the administrative rule:
Most of the provisions which currently pertain to IHE's under the administrative rule will still pertain to technical colleges.
Describe any new policies to be included in the proposed rule:
Per 1997 Wis. Act 27, the following provisions will apply to technical colleges:
▶ Requires a technical college to admit a pupil who meets the requirements or prerequisites of the course for which he or she has applied.
▶ Requires a technical college to ensure a pupil's educational program meets the high school graduation requirements.
▶ Allows a technical college to reject the application of a pupil who has not completed the 10th grade, has a record of disciplinary problems, is not in good academic standing, or is a child at risk under s. 118.153, Stats.
▶ Does not allow a technical college to reject a pupil's application due to lack of space.
▶ Changes how school boards are to pay a technical college based on the number of credits a pupil takes each semester.
▶ Requires payment made to technical colleges to be adjusted to reflect the cost of any special services needed for a child with exceptional educational needs.
▶ Requires a school board to pay for some technical college credits that are comparable to courses offered in the school district if the pupil is attending a technical college for 10 or more credits in a semester.
▶ Allows a school board to refuse to permit a pupil with exceptional educational needs from attending a technical college if the school board determines that the cost would impose an undue financial burden on the school district.
▶ Specifies that a school board is not responsible for transporting a pupil to a technical college under this program.
Describe policy altematives:
If rules remain unchanged, they will conflict with current law. Most of the changes being proposed will simply align the rules with the new statutory language.
Statutory authority:
SS. 118.37 and 227.11 (2) (a), Stats.
Estimate the amount of time/staff resources necessary to develop rule:
The amount of time needed for rule development by Department staff and the amount of other resources necessary is indeterminable. The time needed in creating the rule language, itself, will be minimal; however, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Public Service Commission
Subject:
S. PSC 112.05 (3) (a) - Relating to construction by electric public utilities and extensions of electric service.
Description of policy issues:
A description of policy issues to be resolved, including groups likely to be impacted or interested in the issues, follows:
Chapter PSC 112, and specifically, s. PSC 112.05, Wis. Adm. Code, is administered by the Commission. Section PSC 112.05, Wis. Adm. Code, deals with the dollar cost threshold approval requirements a utility must consider in determining whether Commission approval is needed before constructing, installing or placing in operation certain facilities.
Section PSC 112.05 (3), Wis. Adm. Code, would be amended to increase cost thresholds of projects, subject to Commission review, to streamline the regulatory process as well as to respond to the reliability needs of Wisconsin citizens. Many of the project presently subject to review include upgrades or modifications to existing plants or substations. The Commission needs to review a project that does not meet the cost threshold. It could impose its authority under s. 196.49 (3), Stats.
This proposed amendment would impact Wisconsin's electric public utilities.
