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Wisconsin
Administrative
Register
No. 517
Publication Date: January 31, 1999
Effective Date: February 1, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
StatsNewsRelease_J14
The 1997-98 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLawTM CD-ROM
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Agriculture, Trade and Consumer Protection:
Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
Corrections:
Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
Financial Institutions:
Banking
Rules relating to mortgage banking.
Health & Family Services:
Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
Health & Family Services:
Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to removal of lead-based paint.
Rules adopted amending ss. HFS 119.07 (6) and 119.15, relating to the Health Insurance Risk-Sharing Plan. [FIRST APPEARANCE]
Insurance, Commissioner of:
Rules relating to delaying effective date for NAIC valuation of life insurance policies.
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 the 1998 migratory game bird season.
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.
Rules relating to music, art and dance therapists.
See Financial Institutions--Banking.
Revenue:
Rules relating to use of an alternative apportionment method.
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.
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
Scope Statements.
Pages 19 to 23.
Administration (Gaming Commission):
Ch. WGC 3 - Relating to procedures to be used in contested case hearings arising from the regulatory oversight functions of the Division of Gaming, specifically regulation of par-mutuel wagering as set out in ch. 562 Stats., regulation of charitable gaming as set out in ch. 563, and certification of Tribal gaming vendors as provided in the Tribal -State gaming compacts.
Chiropractic Examining Board:
Chir Code - Relating to the definition and use of chiropractic adjustment.
Natural Resources:
Ch. NR 20 - Relating to establishing a harvest limit for the sturgeon spearing season.
Natural Resources:
Ch. NR 20 - Relating to allowing bowfishing from sunset to sunrise during the open spearing season.
Natural Resources:
Chs. NR 40 , 41 & 45 - Relating to property boundaries of state parks and regulations regarding the conduct of visitors and protection of Department properties.
Natural Resources:
S. NR 149.05 - Relating to approval of laboratory certification budget and fees for FY 2000.
Natural Resources:
Ch. NR 439 - Relating to the adoption of the U.S.. EPA capture efficiency test methods promulgated June 16, 1997 for VOC's emitted form coating operations.
Natural Resources:
S. NR 485.04 - Relating to emission limitations for motor vehicles. The objective of the proposed rule is to ensure that the emission limitations will continue to be at levels which vehicles are reasonably capable of achieving and maintaining.
Podiatrists Affiliated Credentialing Board:
Podiatrists Code - Relating to credentialing, practice and discipline of podiatrists.
Public Defender:
S. PD 6.04 (5) - Relating to multiple appointments on the same case.
Transportation:
Ch. Trans 2 - Relating to the Department's administrative interpretation of s. 85.22, Sats., including the administration of assistance under the federal sec. 5310 program (formerly sec. 16) , and prescribes administrative policies and procedures for implementing the elderly and disabled transportation capital assistance program authorized under s. 85.22, Stats.
Transportation:
Ch. Trans 316 - Relating to the definition of “wood harvesting slasher”.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 24.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 29 & 40 - Relating to agricultural chemical cleanup surcharge fees.
Commerce:
Chs. Comm 2, 18 & 69 - Relating to elevators and mechanical lifting devices.
Medical Examining Board:
Med Code - Relating to licensure and regulation of physician assistants.
Social Workers, Marriage & Family Therapists & Professional Counselors:
SFC Code - Relating to criteria for approval of other human service degree programs for eligibility for a social workers training certificate.
Notices of Hearings or of Proposed Rules.
Pages 25 to 33.
Agriculture, Trade and Consumer Protection:
Hearings to consider ss. ATCP 10.68 and 11.58, created by emergency rule, relating to fish farms and live fish and fish egg imports.
Commerce:
Fee Schedule, Ch. Comm2
Elevators, Ch. Comm 18
Barrier-Free Design, Ch. Comm 69
Hearings to consider emergency revisions to chs. Comm 2, 18 and 69, relating to elevators and mechanical lifting devices.
Commerce:
Uniform Dwelling, Chs. Comm 20-25
Hearing to consider an emergency rule relating to delaying the effective date of the UDC changes.
Corrections:
Hearing to consider rule relating to holding in municipal lockup facilities juveniles who are alleged to have committed a delinquent act.
Public Service Commission:
Hearing to consider ch. PSC 117, relating to assignment of costs and opportunity sales.
Hearing to consider revision of ch. PSC 4, relating to small generating plants.
Veterans Affairs:
Hearing to consider s. VA 1.19, relating to internal loan write-off criteria.
Hearing to consider amendment to s. VA 1.10 (7), relating to release pertinent information from a veteran's file to a party attempting to collect a delinquent debt.
Workforce Development:
Prevailing Wage, Chs. DWD 290-294
Hearing to consider amendment to s. DWD 290.155, relating to threshold for prevailing wage rates for public works projects.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 34.
Agriculture, Trade and Consumer Protection:
(CR 98-97) - Chs. ATCP 102 & 105
Financial Institutions:
(CR 98-137) - SS. DFI-SB 1.03 & 15.01 and DFI-SL 1.03 & 15.01
Natural Resources:
(CR 98-41) - Ch. NR 25
Natural Resources:
(CR 98-92) - Ch. NR 10
Natural Resources:
(CR 98-93) - S. NR 50.23
Revenue:
(CR 98-184) - Ch. Tax 2
Technical College System:
(CR 98-104) - Chs. TCS 6, 7, 8 & 9
Transportation:
(CR 98-143) - S. Trans 510.04
Transportation:
(CR 98-145) - Ch. Trans 31
Transportation:
(CR 98-147) - S. Trans 305.27 (3) (a)
Transportation:
(CR 98-153) - Ch. Trans 300
Transportation:
(CR 98-167) - Ch. Trans 200
Transportation:
(CR 98-185) - S. Trans 101.02 (1) (c), (d)
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 35.
Regulation & Licensing:
(CR 98-116) - Chs. RL 90 to 94
Rules Published in This Wis. Adm. Register.
Page 36.
Accounting Examining Board:
(CR 98-91) - Chs. Accy 3 & 7
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors:
(CR 98-30) - Chs. A-E 1 to 10
Commerce:
(CR 97-138) - Chs. Comm/ILHR 20-23
Health & Family Services:
(CR 98-108) - Ch. HFS 119
Health & Family Services:
(CR 98-134) - Ch. HFS 124
Insurance:
(CR 98-78) -Chs. Ins 6 & 28
Insurance:
(CR 98-79) - Chs. Ins 6 & 26
Insurance:
(CR 98-98) - Ch. Ins 3
Natural Resources:
(CR 98-23) - Chs. NR 20, 21, 23, 25 & 26
Natural Resources:
(CR 98-42) - Ch. NR 749
Natural Resources:
(CR 98-45) - Ch. NR 113
Natural Resources:
(CR 98-84) - Chs. NR 12 & 19
Natural Resources:
(CR 98-86) - S. NR 20.037 (2)
Regulation & Licensing:
(CR 98-107) - Ch. RL 8
Regulation & Licensing:
(CR 98-132) - Chs. RL 80, 81 to 87
Transportation:
(CR 98-31) - Ch. Trans 29
Transportation:
(CR 98-105) Chs. Trans 325, 326 & 328
Transportation:
(CR 98-111) - Ch. Trans 197
Transportation:
(CR 98-121) - Chs. Trans 231 & 233
Transportation:
(CR 98-122) - Ch. Trans 210
Transportation:
(CR 98-125) - Ch. Trans 57
Sections Affected by Rule Revisions and Corrections.
Page 37 to 39.
Revisions
Accounting Examining Board:
Chs. Accy 3 & 7
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors:
Chs. A-E 2-10
Commerce (Uniform Dwelling, Chs. Comm 20-25):
Chs. Comm 20, 22, 23
Health and Family Services (Health, Chs. HFS 110-):
Chs. HFS 119 & 124
Insurance:
Chs. Ins 3, 6, 26 & 28
Natural Resources (Fish, Game, etc., Chs. NR 1-):
Chs. NR 12, 19, 20, 21, 23 & 26
Natural Resources (Environmental Protection-General,
Chs. NR 100-):
Chs. NR 113
Natural Resources (Environmental Protection-Investigation and Remediation, Chs. NR 700-):
Ch. NR 749
Regulation and Licensing:
Chs. RL 8, 80, 81, 83 to 87
Revenue:
Ch. Tax 11
Transportation:
Chs. Trans 29, 57, 197, 210, 231, 233, 325, 326 & 328
Editorial Corrections
Commerce (Uniform Dwelling, Chs. Comm 20-25):
Chs. Comm 20, 21, 23, 24 & 25
Health and Family Services (Health, Chs. HFS 110-):
Ch. HFS 124
Insurance:
Chs. Ins 3 & 6
Natural Resources (Fish, Game, etc., Chs. NR 1-):
Chs. NR 12, 19, 20, 21 & 23
Natural Resources (Environmental Protection-General,
Chs. NR 100-):
Ch. NR 113
Final Regulatory Flexibility Analyses.
Pages 40 to 42.
Accounting Examining Board:
(CR 98-91) - Chs. Accy 3 & 7
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors:
(CR 98-30) - A-E Code
Commerce:
(CR 97-138) - Chs. Comm/ILHR 20-25
Health & Family Services:
(CR 98-134) - Ch. HFS 124
Health & Family Services:
(CR 98-108) - Ch. HFS 119
Insurance:
(CR 98-78) - Ch. Ins 6 & 28
Insurance:
(CR 98-98) - Ch. Ins 3
Insurance:
(CR 98-79) - Chs. Ins 6 & 26
Natural Resources:
(CR 98-23) - Ch. NR 20
Natural Resources:
(CR 98-86) - S. NR 20.037 (2)
Natural Resources:
(CR 98-45) - Ch. NR 113
Natural Resources:
(CR 98-42) - Ch. NR 749
Regulation & Licensing:
(CR 98-107) - Ch .RL 8
Regulation & Licensing:
(CR 98-132) - Chs. RL 80, 81, 83 to 87
Revenue:
(CR 98-67) - Ch. Tax 11
Transportation:
(CR 98-31) - Ch. Trans 29
Transportation:
(CR 98-105) - Chs. Trans 325, 326 & 328
Transportation:
(CR 98-111) - Ch. Trans 197
Transportation:
(CR 98-121) - Chs. Trans 231 & 233
Transportation:
(CR 98-122) - Ch. Trans 210
Transportation:
(CR 98-125) - Ch. Trans 57
Executive Orders.
Pages 43.
Executive Order 357:
Relating to designation of a Valued Historical Landmark and an Architectural Masterpiece.
Executive Order 358:
Relating to Proclamation of an Energy Emergency.
Executive Order 359:
Relating to a Finding of a Pork Producing Industry Emergency Situation.
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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 (2)
Agriculture, Trade & Consumer Protection
1.   Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
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