200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wis. Office Building
Room 139
718 West Clairemont Ave.
Eau Claire, WI 54701
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1) and 93.12 (4) and (7)
Statute interpreted: s. 93.12 (4) and (7)
The 1995-97 biennial budget act, 1995 Wis. Act. 27, transferred administration of Wisconsin's laboratory certification program for milk, food and water laboratories from the Department of Health and Family Services to the Department of Agriculture, Trade and Consumer Protection (“Department"), effective July 1, 1996.
Under this program, the Department is now responsible for certifying laboratories that test milk, food or water for compliance with public health standards prescribed by federal, state or local laws. Under 1995 Wis. Act 27, the Department's public health lab certification program must be funded by certification fees paid by the certified laboratories. The Department must establish these fees by rule.
The Department adopted the current fees in 1996. Under current rules, a laboratory operator must pay an annual certification fee of $216 for each test at each laboratory for which the operator is certified. If a laboratory operator performs a test for less than a full calendar year, the annual certification fee is prorated at $18 per month for each full month of certification for that test. Under current rules, milk and food laboratories pay the same fees as water laboratories.
This rule amends the current fee structure to account for cost differences between different types of laboratories. Certification of milk and food laboratories requires more time than certification of water laboratories. In a milk or food laboratory, the Department must also certify each individual analyst who performs any milk or food test. In a water laboratory, the Department is only required to certify one analyst who performs the water test for which the Department is certifying the laboratory.
This rule increases lab certification fees to provide sufficient program revenue to fund the lab certification program. It also creates a variable fee schedule that more closely reflects the time required to conduct on-site certification visits in different types of labs and, when required, determine the competency of individual analysts to conduct specific tests.
Under the proposed rule, a certified laboratory must pay the following applicable fees:
• Water tests. An annual certification fee of $276 for each test which detects microbiological contaminants in drinking water. If the Department certifies a water laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $23 for each full month of certification.
• Milk or food tests. An annual certification fee of $336 for each milk or food test. If the Department certifies a milk or food laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $28 for each full month of certification.
• Certified analysts who perform milk or food tests. An annual certification fee of $25 for each analyst who performs one or more milk or food tests. An analyst's certification is valid for an entire year, even if the analyst is no longer employed at the laboratory where the analyst was employed when the Department last granted or renewed the analyst's certification.
Additional analyst certification. A supplemental fee of $150 for each requested certification of one or more analysts to conduct any milk or food test, if the certification occurs at any time other than during a mandatory inspection.
Fiscal Estimate
See page 31 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 31 of the May 31, 1999 Wis. Adm. Register.
Notice of Proposed Rule
Gaming Division
Notice is hereby given that pursuant to ss. 16.004(1), 562.02(1), 563.04(2), 563.05(4), 227.46(3) and 227.47(1), Stats., and interpreting ss. 562.02(2)(f), 562.04(1)(b)6, 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1) and 227.43 to 227.46, Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Administration will adopt the following rule as proposed in this notice without a public hearing unless, within 30 days after publication of this notice, June 15, 1999, the Department of Administration is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis Prepared by the Department of Administration, Division of Gaming
The Department of Administration, Division of Gaming, proposes an order to repeal ss. WGC 3.01(1), (2), (3) and (4) and 3.05(1)(a) 1. and (c), (2)(a), (b) and (c) and (3)(a), (b) and (c); to renumber and amend WGC s. 3.05(1)(a) 2. and 3., and (b); to amend ss. WGC 3.01, 3.02, 3.03(1)(b) and (c), (2), (3) and (4), 3.04(1)(a) and (b), (2)(b) and (3)(b), 3.05(intro.) and (1)(a) and 3.06(1)(a) and (b) and (2), relating to contested case hearings arising out of the regulatory activities of the Division of Gaming.
Statutory authority: ss. 562.02(1) , 563.04(2), 563.05(4), 227.46(3), 227.47(1)
Statutes interpreted: ss. 562.02(2)(f), 562.04(1)(b)6., 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1), 227.43 to 227.46
NOTE: The Department is requesting the Revisor of Statutes to make corrections to WGC Chapters under to s. 13.93(2m)(b)6, Stats. As a result of the statutory changes in 1997 Wisconsin Act 27, (repealing Chapter 561, Gaming Board, and creating s. 15.103(1m), Division of Gaming in the Department of Administration) we are requesting the Revisor to replace obsolete references to “Commission," “Director," and “Chairperson" with the following: “Department of Administration (Department)," “Division of Gaming (Division)," or “Administrator of the Division of Gaming (Administrator)."
SECTION 1. WGC 3.01 is amended to reflect that the Division is responsible for hearings arising under ch. 563 (charitable gaming) Stats., and Indian gaming compacts, rather than just ch. 562 (pari-mutuel racing) Stats.
SECTION 2. WGC 3.01(1) through (4) are repealed to reflect that the hearings conducted are no longer limited to those arising under ch. 562 (pari-mutuel wagering) Stats.
SECTION 3. WGC 3.02 is amended to reflect the Division has taken over the responsibilities of the former Wisconsin Gaming Commission.
SECTION 4. WGC 3.03(1)(b) is amended to require a person requesting a hearing include an address for service of documents relative to the hearing. WGC 3.03(1)(c) is amended to reflect that requests for hearing are not limited to appeals of steward's inquiries. WGC 3.03(2) is amended to reflect the statutory time frame for filing an appeal of a stewards ruling, as set out in 562.04(1)(b)6., Stats, is 7 days, and the administrator of the division now decides whether to grant a request for stay of a stewards ruling. WGC 3.03(3) increases to 30 days, from 15, the time in which an aggrieved person may request a hearing, and changes a reference from Commission to Department. WGC 3.03(4) changes a reference from Commission to Division, and adds the new address of the Division.
SECTION 5. WGC 3.04(1)(a) is amended to change references from Commission to Division. WGC 3.04(1)(b), (2)(b), and (3)(b) are amended to change references from Commission to Department.
SECTION 6. WGC 3.05 (title) and (intro) are amended to delete references to Commission, and specifies that in cases of conflicts with the rules and ch. 227 Stats., ch. 227 controls. WGC 3.05(1)(a) is amended to add a reference to s. 227.43 as authorization for appointment of a hearing officer.
SECTION 7. WGC 3.05(1)(a)1. Is repealed because this authority is already provided in s. 227.45(1) Stats.
SECTION 8. WGC 3.05(1)(a)2. and 3. are renumbered to reflect the repeal of WGC 3.05(1)(a)1.
SECTION 9. WGC 3.05(1)(b) is renumbered and amended to reflect the repeal of WGC 3.05(2) and (3), and change a reference to Commission to Department.
SECTION 10. WGC 3.05(1)(c) is repealed to eliminate the policy reflected by this language. WGC 3.05(2) and (3) are repealed to maintain consistency with the provisions of s. 227.45(7) Stats., which allows discovery consistent with that in Wisconsin civil judicial proceedings.
SECTION 11. WGC 3.06(1)(a), (b) and (2) are amended to change references from Commission to Department.
Text of Rules
SECTION 1. WGC 3.01(intro.) is amended to read.
WGC 3.01 Purpose. These rules shall apply to all hearings conducted by the commission pursuant to ch. 562, Stats.: by the department pursuant to ch. 227, 562, or 563, Stats., or Indian gaming compacts entered into pursuant to s. 14.035 Stats.
SECTION 2. WGC 3.01(1), (2), (3) and (4) are repealed.
SECTION 3. WGC 3.02 is amended to read.
WGC 3.02 Computation of time. The computation of time in computing any period of time prescribed in this chapter, including acts of default, shall be governed by s. 990.001 (4), Stats. Papers received by the commission division for filing after 5:00 4:30 p.m. shall be considered as filed the following day.
SECTION 4. WGC 3.03(1)(b) and (c), and (2) to (4) are amended to read:
WGC 3.03(1)(b) Shall contain an address and telephone number where the person requesting the hearing may be notified of the time and place of the hearings receive service of documents relative to the hearing; and
(c) Shall set forth the reasons why the decision of the stewards should be reversed or modified, or why the relief requested should be granted. which support the request for hearing. The documents should take the form of a pleading in a civil case, where practicable.
(2) Requests for hearing from orders of the stewards suspending an occupation licensee, recommending denial or revocation of an occupation licensee, imposing a forfeiture on an occupation license or from orders of the stewards excluding an occupation licensee shall be instituted by filing a written request for a hearing no later than 45 7 days after notice of the suspension, forfeiture or exclusion has been communicated to the licensee. A request for hearing shall not stay enforcement of the decision of the stewards. If the party requesting the appeal desires that the director
administrator stay the decision of the stewards, the party shall specify in the request for hearing stay the reasons supporting the issuance of the stay. The director administrator shall decide whether to grant the stay within 48 hours of receipt of the request.
(3) All other requests for hearing shall be instituted by filing a written request for hearing no later than 15
30 days after receipt of notice of the action of the commission or stewards
department which gives rise to the right to a hearing.
(4) Requests for hearing may be filed in person or by certified mail to the commission's division's administrative office at 150 E. Gilman, P.O. Box 7975, Madison, WI 53707-7975 2001 W. Beltline Hwy., Suite 201, P.O. Box 8979, Madison, WI, 53708-8979. Requests submitted by certified mail shall be deemed timely if they are postmarked within the applicable time frame for filing an appeal.
SECTION 5. WGC 3.04(1)(a) and (b), (2)(b), and (3)(b) are amended to read.
WGC 3.04 Determination of parties and appearances. (1) Parties. (a) The commission
division, any person requesting a hearing pursuant to s. WGC 3.03, and any person against whom a proceeding is initiated by the commission
division shall be considered parties to the hearing for purposes of s. 227.53, Stats.
(b) Any other person may petition the commission
department to be admitted as a party to the hearing. The commission department shall grant such a motion upon a determination that the movant has substantial interests to which the order of the commission department in the contested case will apply and affect.
(2)(b) Except as provided in pars. (c) and (d) no one may appear before the commission department in a representative capacity except those licensed to practice law in Wisconsin or any other state.
(3)(b) No documents or exhibits shall be accepted or considered by the hearing officer or commission department unless they are admitted into evidence and served on all parties.
SECTION 6. WGC 3.05(title)(intro.) and (1)(a) are amended to read.
WGC 3.05 (title) Conduct of hearings of the commission. Commission hearings Hearings shall be conducted in conformance with this chapter and, as to all aspects not specified in this chapter, or in conflict with ch. 227 Stats., in conformance with ch. 227, Stats.;
(1) (a) Powers and duties. Hearing officer shall be appointed pursuant to s ss. 227.43 or 227.46 (1), Stats. The hearing officer shall have all the powers and duties enumerated in ch. 227, Stats. In addition, a hearing officer appointed pursuant to this section may:
SECTION 7. WGC 3.05(1)(a)1. is repealed.
SECTION 8. WGC 3.05(1)(a) 2. and 3. are renumbered WGC 3.05(1)(a) 1. and 2. and amended to read.
WGC 3.05(1)(a) 1. Upon objection to the admissibility of evidence, receive the disputed evidence subject to a subsequent ruling by the commission department;
2. Exclude evidence upon the hearing officer's motion or motion of either party, but a party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof with such ruling being subject to subsequent ratification by the commission department. Unless expressly overruled, such decision by the hearing officer shall be deemed ratified.
SECTION 9. WGC 3.05(1)(b) is renumbered WGC 3.05(2) and amended to read.
(2) Official notice OFFICIAL NOTICE. The commission department and hearing officer may take official notice of:
SECTION 10. WGC 3.05(1)(c), (2)(a), (b), (c), and (3)(a), (b), (c) are repealed.
SECTION 11. WGC 3.06(1)(a), (b) and (2) are amended to read.
WGC 3.06(1) PROPOSED DECISIONS. (a) In all cases in which a proposed decision is required by s. 227.46(2), Stats., the hearing officer shall within 7 working days of the close of the presentation of evidence and arguments by the parties, prepare and submit to the commission department a proposed decision meeting the requirements of s. 227.46(2), Stats. Within 24 hours of receipt of the decision, the commission department shall serve on all parties a copy of the proposed decision. Each party adversely affected by the proposed decision shall, within 7 working days of receipt of the proposed decision, file any objections to the proposed decision in writing.
(b) In all other cases, unless otherwise directed by the chairperson administrator pursuant to written order upon appointment of a hearing officer, the commission
department shall base its decision on the record certified to it by the hearing officer without a proposed decision as set forth in s. 227.46(3)(b), Stats., subject to any rulings on motions or objections.
(2) FINAL DECISION. The commission department shall review the record in its entirety before rendering a decision.
Fiscal Estimate
There will be no fiscal impact.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Agency Contact Person
Donna Sorenson
Department of Administration
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
