Contact Information
If you have questions regarding this rule, you may contact:
Pamela Haack
Administrative Rules Coordinator
Telephone (608) 266-0495
Transportation
Rule Submittal Date
On July 9, 1999, the Department of Transportation submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The subject matter of the proposed rule creating ch. Trans 134 relates to registration plates for authorized special groups.
Agency Procedure for Promulgation
A public hearing is required and will be held on September 15, 1999 at 1:00 p.m. in Room 451, Hill Farms State Office Building, 4802 Sheboygan Ave., Madison, Wisconsin.
The Division of Motor Vehicles, Bureau of Driver Services, is the organizational unit primarily responsible for promulgation of the proposed rule.
Contact Information
If you have questions regarding this rule, you may contact:
Julie A. Johnson, Paralegal
Department of Transportation
Telephone (608) 266-8810
FAX (608) 267-6734
N o t i c e S e c t i o n
Notice of Hearing
Dept. of Employment Relations
Notice is hereby giventhat pursuant to s. 230.04 (5), Stats., and interpreting s. 230.04 (1), Stats., the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to reinstatement eligibility and restoration of sick leave for state employes, other related time periods for state personnel transactions, and minor and technical rule changes.
Hearing Information
August 25, 1999 3rd Floor Training Room
Wednesday Employment Relations
9:00 a.m. to 345 West Washington Ave.
10:00 a.m. MADISON, WI 53703
The hearing will be held jointly with a hearing by the Division of Merit Recruitment and Selection in the Department of Employment Relations, which has separate rule-making authority and is simultaneously promulgating rules relating to reinstatement eligibility and employment register eligibility. Please see the separate hearing notice for an analysis of the proposed rule order of the Division of Merit Recruitment and Selection.
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written Comments
Written comments on the rules may be sent to the contact person by
August 27, 1999. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by Dept. of Employment Relations
This rule order is intended to bring the Department's administrative rules into conformity with statutory changes made by 1997 Wis. Act 307 regarding the eligibility period for reinstatement and the determination of continuous service. The rule order also amends time periods for restoration of unused sick leave and makes minor policy and technical changes in the rules.
Act 307 increased the eligibility period for reinstatement for state employes from three to five years. This rule order amends references to reinstatement in the administrative rules to conform to this statutory change.
(“Reinstatement" is currently defined in the rules to mean the act of permissive reappointment without competition of an employe or former employe under specified statutes to a position: (a) in the same class in which the person was previously employed; (b) in another classification to which the person would have been eligible to transfer had there been no break in employment; or (c) in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position. There is no change in the definition.)
Act 307 amended the determination of continuous service by increasing from three to five years the time period during which a former employe's years of prior service would be restored if the person is reemployed in state service. This rule order amends the rules to conform to this statutory change.
The amount of sick leave earned and provisions regarding restoration of unused sick leave upon return to state service are not set by statute, but are set forth in the rules of the Secretary of the Department. Current rules provide that unused sick leave shall be restored if a person is reemployed in state service within 3 years, which is the same as the previous reinstatement eligibility period. This rule order increases the restoration period for unused sick leave to five years to maintain the parallel treatment with the newer, longer reinstatement period.
There are also other references to “three years" in the rules which were established, in part, to correspond to the three-year reinstatement period. These references are increased to five years where appropriate.
The increased eligibility periods explained above apply to employes who are initially eligible for reinstatement on or after July 5, 1998, which is the same effective date as Act 307.
Act 307 did not increase the three-year restoration period; thus, provisions relating to the three-year period for restoration rights in the administrative rules are retained.
Minor technical changes are also made in the rule order, including:
• References to termination or separation for “cause" are replaced by “misconduct or delinquency" to conform to s. 230.31, Stats., which uses the term “misconduct or delinquency" in reference to reinstatement eligibility.
• More precise words are substituted to describe the different ways of leaving a position which trigger restoration rights or reinstatement eligibility.
• A reference to the maximum number of personal holidays in a calendar year for employes who move between types of appointments is changed from three to three and one-half days, to conform to the amount of personal holidays specified in s. 230.35 (4) (d), Stats.
• The list of types of leave in ch. ER 18 is expanded to include paid leaves for providing certain disaster relief services, which was newly authorized in s. 230.35 (3) (e), Stats., by 1997 Wis. Act 118.
The statutory authority for these rule changes is found in the following:
1. S. 230.04 (5), Stats., grants the Secretary general authority to promulgate rules on all matters related to the Department (except those reserved to the Administrator of the Department's Division of Merit Recruitment and Selection.)
2. The specific statutory authority to increase the reinstatement eligibility period is found in ss. 230.31 (1) (a), 230.33 (1) and 230.40 (3), Stats., which were amended by Act 307 to increase the eligibility period from three to five years.
3. S. 230.35 (1) (g) 2, Stats., was amended by Act 307 to increase from three to five years the time period in which a former state employe may return to state service and not have his/her continuous service interrupted.
4. S. 230.35 (2), Stats., provides that restoration of unused sick leave upon reemployment of state employes shall be regulated by the administrative rules of the Secretary of the Department of Employment Relations.
5. S. 230.35 (4) (d), Stats., provides for three and one-half personal holidays.
6. S. 230.35 (3) (e), Stats., permits paid leaves for providing certain disaster relief services.
Fiscal Estimate
The lengthened permissive reinstatement period may result in lower agency expenditures for filling vacancies because agencies will be able to appoint former employes instead of recruiting new applicants. Additionally, individuals reinstating may be eligible for higher pay than if they would have to start over again, or if an individual not having reinstatement eligibility were hired instead. However, it is impossible to estimate any cost impact.
The rule gives former employes a longer time period in which to return to state service and be eligible for restoration of unused sick leave and years of prior service. The vacation earning rate is based on length of service. Thus, these employes will more quickly reach the earning level at which unused vacation may be converted to termination leave or cash payments. Furthermore, they may accumulate larger amounts of unused sick leave which may be converted at retirement age to pay post-retirement health insurance premiums. These two effects could increase state costs, but it is impossible to determine the amount.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Copies of Rule and Contact Information
A copy of the rule is available from the contact person listed:
Bob Van Hoesen
Department of Employment Relations
345 West Washington Ave.
Madison, WI 53703
Telephone (608)267-1003
Notice of Hearing
Dept. of Employment Relations
(Div. of Merit Recruitment &
Selection)
Notice is hereby given that pursuant to s. 230.05 (5), Stats., and interpreting s. 230.05 (1), Stats., the Division of Merit Recruitment and Selection in the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to reinstatement eligibility and employment register expiration for state employment and minor and technical rule changes.
Hearing Information
August 25, 1999 3rd Floor Training Room
Wednesday Employment Relations
9:00 a.m. to 345 West Washington Ave.
10:00 a.m. MADISON, WI 53703
