Statute interpreted: s. 455.045
Under s. Psy 2.08, an applicant for licensure as a psychologist or school psychologist may currently sit for the examinations required by the Board an indefinite number of times. This has resulted in a few applicants who have been reexamined as many as ten times without receiving a passing grade. The objective of this rule is to require that after failing to achieve a passing grade on any examination after four tries, the applicant be required to apply to the Board for permission to be reexamined a fourth time, and to demonstrate further education or training as the Board may require.
When an applicant has taken the national Examination for the Professional Practice of Psychology or the Examination on the Practice of School Psychology on four occasions and failed each time, there arises a presumption that the applicant may not be properly prepared to engage in the independent practice of psychology or school psychology until he or she receives further education or training. This rule would require that as a condition for being reexamined a fourth time, such applicants would be required to receive permission from the Board and to demonstrate to the Board that they have received further remedial education or training which in the opinion of the Board addresses those areas in which the applicant has shown weakness.
The Medical Examining Board has had a similar rule in place since 1976 and has found it to be an effective tool in assisting applicants to effectively address those areas of weakness which have caused repeated examination failures.
Text of Rule
SECTION 1. Psy 2.08 is amended to read:
Psy 2.08 Reexamination. An applicant who fails an examination may apply for reexamination to achieve a passing grade in the examinations required under this chapter may apply for reexamination on forms provided by the board and pay the appropriate fee for each reexamination as required in s. 440.05, Stats. An applicant who fails to achieve a passing grade may be reexamined 3 times at not less than 3-month intervals. If the applicant fails to achieve a passing grade on the third reexamination, the applicant shall not be admitted to any further examination until the applicant reapplies to the board for permission to be reexamined and presents evidence satisfactory to the board of further professional training or education as the board may prescribe or approve following its evaluation of the applicant's specific case.
SECTION 2. Psy 3.10 is amended to read:
Psy 3.10 Reexamination. An applicant who fails an examination may apply for reexamination to achieve a passing grade in the examinations required under this chapter may apply for reexamination on forms provided by the board and pay the appropriate fee for each reexamination as required in s. 440.05, Stats. An applicant who fails to achieve a passing grade may be reexamined 3 times at not less than 3-month intervals. If the applicant fails to achieve a passing grade on the third reexamination, the applicant shall not be admitted to any further examination until the applicant reapplies to the board for permission to be reexamined and presents evidence satisfactory to the board of further professional training or education as the board may prescribe or approve following its evaluation of the applicant's specific case.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Department of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearings
Transportation
Notice is hereby given that pursuant to ss. 85.51 and 348.25 (3), Stats., and interpreting ss. 85.51 and 348.26 (2), Stats., the Department of Transportation will hold public hearings at the following locations to consider the creation of ch. Trans 320, Wis. Adm. Code, relating to calculation of fees for special events, security, traffic enforcement and escort services.
Hearing Information
November 30, 1999   DSP Dist. 4 Headquarters
Tuesday   2805 Martin Ave.
1:30 P.M.   Wausau, WI
December 1, 1999   Room 144-B
Wednesday   Hill Farms State Trans. Bldg.
12:30 P.M.   4802 Sheboygan Ave.
  Madison, WI
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Note: This hearing is being conducted at 2 locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from both locations will be combined into a single Hearing Record on which the Department will base its decisions. Individuals need only attend one of the public hearings for their testimony to be fully considered.
Written Comments and Contact Information
The public record on this proposed rule-making will be held open until close of business Wednesday, December 15, 1999, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to:
Loralee Brumund
Department of Transportation
Division of State Patrol, Room 551
P. O. Box 7912
Madison, WI 53707-7912
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 85.51 and 348.25 (3)
Statutes interpreted: ss. 85.51 and 348.26 (2)
General Summary of Proposed Rule. 1997 Wis. Act 27 created s. 85.51, Stats., which permits the Division of State Patrol to charge a fee for security and traffic enforcement services provided at any public event for which an admission fee is charged for spectators if the event is organized by a private organization. Act 27 also created ss. 25.40 (1) (a) 14 and 20.395 (5) (dg), Stats., which mandate that the fees for the events and for escort services be deposited in the general fund and credited to the appropriation account, and establishes that appropriation account in s. 20.395 (5) (dg), Stats.
This proposed rule-making creates ch. Trans 320, which establishes a uniform method for calculating fees charged to event organizers and motor carrier companies for traffic enforcement and escort services provided by the State Patrol beyond the normal traffic enforcement and safety tasks performed by State Patrol Troopers and Inspectors.
Fiscal Estimate
The rule will increase revenues for providing special event security and traffic enforcement services by about $35,000 per year. The Department already collects about $75,000 per year for providing escort services for oversize and overweight loads. Since the rule incorporates the Department's existing formula for calculating escort fees, escort fee revenues should remain the same.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Loralee Brumund, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 267-3622. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Chiropractic Examining Board (CR 98-190):
SS. Chir 4.03 and 6.03 - Relating to the duty to evaluate and inform patients of their presenting conditions.
Health and Family Services (CR 99-113):
SS. HFS 119.07 and 119.15 - Relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Medical Examining Board (CR 99-128):
SS. Med 1.06, 1.08, 2.02 and 2.04 - Relating to computer-based examinations.
Public Service Commission (CR 98-172):
Ch. PSC 117 - Relating to establishing rules for the assignment of costs and revenues, from sales of electric capacity or electric capacity and energy by public utilities to out-of-state customers that the public utility does not have a duty to serve (opportunity sales), in setting rates for retail electric service.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Employment Relations, Dept. of (CR 99-110):
An order affecting ch. ER 18 and ss. ER 1.02, 29.03 and 29.04, 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.
Effective 01-01-00.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.