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Wisconsin
Administrative
Register
No. 515
Publication Date: November 30, 1998
Effective Date: December 1, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
CDNewsRelease_N30
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(608) 266-2011 ○ Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
bruce.munson@legis.state.wi.us
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
gary.poulson@legis.state.wi.us
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TOC515B
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 20.
Agriculture, Trade and Consumer Protection:
Rules relating to fish farms and imports of live fish and fish eggs.
Rules relating to retail food establishment license exemption for restaurant permit holders.
Rules relating to grade standards for Colby and Monterey Jack cheese.
Commerce:
Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:
Building and Heating, etc., Chs. Comm 50-64
Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Barrier Free Design, Ch. Comm 69
Rule relating to vertical access to press box facilities.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
Financial Institutions:
Securities
Rule relating to federal covered securities and advisors.
Health & Family Services:
Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Health & Family Services:
Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
See Workforce Development.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to removal of lead-based paint.
Rules relating to designation of critical access hospitals.
See Health and Family Services, (Management & Technology, etc.).
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to wildlife damage abatement and claims program.
Rules relating to the 1998 migratory game bird season.
Natural Resources:
Environmental Protection- Remediation,
Chs. NR 700-
Rules relating to fees for remediation and redevelopment of contaminated lands.
Public Instruction:
Rules relating to the Milwaukee Parental School Choice Program.
Rules relating to grants for peer review and mentoring.
Rule adopted relating to alternative teaching permits.
Public Service Commission:
Rules relating to draft environmental impact statements.
Rules relating to sewer main extension cost recovery.
Regulation & Licensing:
Rules relating to regulation of home inspectors.
Revenue:
Rules relating to use of an alternative apportionment method.
Transportation:
Rules relating to intrastate transportation of hazardous materials.
Veterans Affairs:
Rules relating to expenditure limit for dentures.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
Scope Statements.
Pages 21 to 23.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:


Land Surveyors Section
S. A-E 6.04 - Relating to educational requirements for registration.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:


Professional Engineers Section
A-E Code - Relating to work experience for registration.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:


Professional Geologists Section
S. A-E 10.04 - Relating to educational requirements for licensure.
Commerce:
Chs. ILHR 4; Comm 7, 8 and 9; ILHR 10; Comm 11; ILHR 12; Comm 13, 14, 15, 16 and 18; ILHR 20-25; Comm 27; ILHR 28; Comm 34; ILHR 41-42; Comm 43, 45, 50-64, 66, 69, 70 and 75-79 - Relating to fire code requirements.
Insurance, Commissioner of:
S. Ins 3.39 - Relating to the guaranteed issue and other revisions in the NAIC model Medicare supplement act and the Balanced Budget Act of 1997 (BBA).
Natural Resources:
Environmental Protection--Water Supply, Chs. NR 800--
S. NR 812.05 - Relating to the injection of substances into drillholes.
Regulation & Licensing:
S. RL 71.03 - Relating to reciprocal certification requirements.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:

S. SFC 14.01 (2) - Relating to educational requirements for licensure.
Transportation :
Ch. Trans 212 - Relating to standards for the inspection of bridges in Wisconsin.
Veterinary Examining Board:
VE Code - Relating to computerized national examination; application procedures.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 24 to 26.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 81 - Relating to grade standards for Colby and Monterey (Jack) cheese.
Health & Family Services:
Ch. HFS 13 - Relating to reporting and investigation of caregiver miscondu ct and operation of caregiver misconduct registry.
Insurance, Commissioner of:
SS. Ins 3.48, 3.50, 3.52, 3.67 and 6.11 and ch. Ins 9 - Relating to the managed care plans and health benefit plans.
Insurance, Commissioner of:
Ch. Ins 51 - Relating to risk-based capital for health insurers.
Natural Resources:
S. NR 10.40 (5) - Relating to turkey hunts by the disabled.
Natural Resources:
S. NR 20.03 (1) (k) - Relating to sport fishing for yellow perch in Lake Michigan tributary streams.
Natural Resources:
Ch. NR 25 - Relating to Lake Michigan and Lake Superior commercial fishing boards.
Natural Resources:
Ch. NR 47 - Relating to forestry grant programs.
Natural Resources:
Chs. NR 200-299 - Relating to WPDES permit exemptions for private sewage systems with a design capacity of less than 12,000 gallons per day.
Natural Resources:
Chs. NR 400-499 - Relating to air pollution control regulations.
Pharmacy Examining Board:
Phar Code - Relating to pharmacists administering by injection a drug product or device in the course of teaching a patient self-administration techniques.
Regulation & Licensing:
Chs. RL 131 to 135 - Relating to the registration and regulation of home inspectors.
Revenue:
SS. Tax 2.39 and 2.395 - Relating to the use of an alternative apportionment method.
Transportation:
Ch. Trans 101 - Relating to demerit point assessment for operating after suspension and revocation offenses.
Notices of Hearings or of Proposed Rules.
Pages 27 to 38.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 139, relating to bicycle helmets and drawstrings on children's clothing.
Hearings to consider revision to ch. ATCP 81, relating to grade standards for Colby and Monterey (Jack) cheese.
Financial Institutions:
Savings & Loan, Savings Banks
Proposed revision to ss. DFI-SB 1.03 and 15.01 and DFI-SL 1.03 and 15.01, relating to codifying a policy authorizing savings banks and savings and loan associations to invest in limited liability companies (LLC's).
Health & Family Services:
Community Services, Chs. HFS 30--
Hearing to consider amendment to s. HFS 94.24 (2) (d), relating to personal searches of patients at the Wisconsin Resource Center and Mendota Mental Health Institute.
Insurance, Commissioner of:
Hearing to consider revision to chs. Ins 3, 6 and 9, relating to managed care plans and health benefit plans.
Hearing to consider a revision of ch. Ins 51, relating to risk-based capital for health insurers.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 10.40 (5), relating to turkey hunts by the disabled.
Hearing to consider revision to s. NR 20.03 (1) (k), relating to sport fishing for yellow perch in Lake Michigan tributaries.
Hearing to consider revision to ch. NR 25, relating to commercial fishing on Lake Michigan and Lake Superior.
Hearings to consider revision to ch. NR 47, relating to forestry grant programs.
Natural Resources:
Environmental Protection--WPDES, Chs. NR 200--
Hearings to consider amendments to ss. NR 200.03 and 206.03, relating to large scale soil absorption systems and mound systems.
Natural Resources:
Environmental Protection--Air Pollution Control, Chs. NR 400--
Hearing to consider revisions to chs. NR 400-499, relating to updating and clarifying rules in light of federal changes.
Regulation & Licensing:
Hearing to consider chs. RL 131 to 135, relating to registration and regulation of home inspectors.
Revenue:
Proposed revision to ch. Tax 11, relating to printed material exemptions and treatment of advertising agencies.
Transportation:
Proposed renumber of s. Trans 101.02 (1) (c), relating to demerit point assessment for operating after suspension and revocation.
Veterans Affairs:
Hearing to consider amendment of s. VA 2.01 (2) (b) 2., relating to funds for dentures.
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 39.
Employe Trust Funds:
(CR 98-101) - S. ETF 50.48 (4) (c)
Financial Institutions--Securities:
(CR 98-114) - Chs. DFI-Sec 2, 3 and 5 and
ss. DFI-Sec 1.02, 7.01 and 9.01
Natural Resources:
(CR98-24) - Chs. NR 10 and 11 and s. NR 15.02
Optometry Examining Board:
(CR 98-75) - Ch. Opt 3 and ss. Opt 4.01, 4.02, 4.03
and 6.03
Revenue:
(CR 97-97) - SS. Tax 19.01, 19.03, 19.04 and 19.05 and
ch. Tax 19 (title)
Transportation:
(CR 98-102) - S. Trans 157.05
Rules Published in this Wis. Adm. Register.
Page 40.
Commerce:
(CR 98-61) - Ch. Comm 119
Commerce:
(CR 98-62) - Ch. Comm 106
Commerce:
(CR 98-63) - Ch. Comm 116
Commerce:
(CR 98-64) - Ch. Comm 114
Controlled Substances Board:
(CR 98-54) - S. CSB 2.24
Funeral Directors Examining Board:
(CR 98-57) - Chs. FD 1 to 5
Health & Family Services:
(CR 98-69) - Ch. HFS 89
Health & Family Services:
(CR 98-87) - S. HFS 196.03 (11r)
Natural Resources:
(CR 95-223) - Ch. NR 518 and s. NR 419.07
Natural Resources:
(CR 97-131) - S. NR 485.04
Natural Resources:
(CR 98-44) - Ch. NR 8 and s. NR 45.12 (1)
Workforce Development:
(CR 98-88) - S. DWD 80.60
Sections Affected by Rule Revisions and Corrections.

Pages 41 to 42.
Revisions
Commerce (Financial Resources for Businesses & Communities,
Chs. Comm 105 to 128):

Chs. Comm 106, 114, 116 and 119
Controlled Substances Board:
Ch. CSB 2
Funeral Directors Examining Board:
Chs. FD 1, 2, 3, 4 and 5
Health and Family Services (Community Services,
 Chs. HFS/HSS 30--):

Ch. HFS 89
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HFS 196
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 8 and 45
Natural Resources (Environmental Protection--Air Pollution
 Control, Chs. NR 400--):

Chs. NR 419 and 485
Natural Resources (Environmental Protection--Solid Waste
 Management, Chs. NR 500--):

Ch. NR 518
Workforce Development (Worker's Compensation,
 Chs. DWD 80-82):

Ch. DWD 80
Editorial Corrections
Health and Family Services (Health, Chs. HFS/HSS 110--):
Chs. HFS 110 and 196
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 8 and 45
Final Regulatory Flexibility Analyses.
Pages 43 to 44.
1. Commerce:
(CR 98-61) - Ch. Comm 119
2. Commerce:
(CR 98-62) - Ch. Comm 106
3. Commerce:
(CR 98-63) - Ch. Comm 116
4. Commerce:
(CR 98-64) - Ch. Comm 114
5. Controlled Substances Board:
(CR 98-54) - S. CSB 2.24
6. Funeral Directors Examining Board:
(CR 98-57) - Chs. FD 1 to 5
7. Health & Family Services:
(CR 98-69) - Ch. HFS 89
8. Health & Family Services:
(CR 98-87) - S. HFS 196.03 (11r)
9. Natural Resources:
(CR 98-44) - Ch. NR 8 and s. NR 45.12 (1)
10. Natural Resources:
(CR 95-223) - Chs. NR 518 and 718 and ss. NR 419.07,
500.03, 811.16 and 812.08
11. Natural Resources:
(CR 97-131) - S. NR 485.04
12. Workforce Development:
(CR 98-88) - S. DWD 80.60
Executive Order.
Page 45.
Executive Order #356.
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Peter A. Larsen of the Beloit Police Department.
emer_515
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 (3)
Agriculture, Trade & Consumer Protection
1.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
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