Restraining animals for testing:
This rule requires the owner or custodian of animals to present and restrain the animals to allow department employees to safely test the animals for disease control purposes. This requirement may add some costs for some animal owners. If the owner does not have adequate animal handling facilities, the owner will have to do one of the following:
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Build adequate animal handling facilities.
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Have the animal tranquilized.
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Provide enough people to adequately restrain the animal.
This rule is consistent with s. 95.23(3) Stats. It clarifies that the owner or custodian is responsible for presenting the animal in a way that promotes safety to the animal and to the department employee during testing. The need to assure safety outweighs the costs the owner or custodian will have to expend.
This rule creates a state certification program for veterinarians who perform official disease control and eradication duties in the state. Initially this program costs veterinarians nothing, because any veterinarian who is licensed to practice in Wisconsin and is accredited by the federal government to perform duties related to the federal disease control and eradication programs will be automatically certified in Wisconsin. The only time a veterinarian will incur costs related to this program is if the department determines there is cause to suspend or revoke the state certification. If that happens, the veterinarian will incur either the cost of lost business while he/she is not certified and not able to perform these functions, or the cost of challenging the department determination in an administrative hearing conducted under ch. 227, Stats.
Reportable diseases:
This rule significantly increases the number of diseases which a veterinarian must report to the department when the veterinarian diagnoses the disease. There will be a slight increase in costs associated with this reporting. It is not anticipated that it will be significant.
Many of the diseases added to the list of reportable diseases are not found in the United States, so many of these diseases will add no additional costs. There are other diseases which may exist in the United States and therefore may require additional reporting. To offset the costs of reporting additional diseases, this rule simplifies the manner in which reporting occurs, thus reducing the actual impact of the changes.
The newly reportable diseases have been identified by the world organization for animal health. If Wisconsin does not require reporting of all the diseases identified by that body, international export markets will be closed to Wisconsin animals. The threat of closing international export markets to Wisconsin animals significantly outweighs the minimal costs of reporting if the disease occurs in the state.
Equine Infectious Anemia:
This rule requires the department to inform sponsors of horse shows, fairs, competitions etc. when the department determines that an equine animal that is infected with equine infectious anemia attended sponsored events. The rule requires the sponsor to notify all participants at the event that their animals may have been exposed to equine infectious anemia while at the event. Once the animal owner or custodian is notified of possible exposure, the owner or custodian can determine what action is appropriate to manage the situation.
This requirement will cause extra recordkeeping for the show sponsors, but will result in participants receiving information which will allow them to make informed decisions about the animals in their care.
Licensing of livestock markets, dealers and truckers:
This rule simplifies applications for livestock markets, dealers and truckers. While the rule does not exempt livestock markets, dealers and truckers from complying with federal bonding or insurance requirements, it eliminates the requirement that the applicant prove to the department that he/she has complied with federal requirements. It also eliminates the requirement that a person registering a livestock vehicle report the vehicle identification and serial number for any vehicle being registered.
Overall impact:
The overall impact on small businesses is negligible. In some instances requirements have been reduced. In other instances requirements have been increased. It is not anticipated that any of the changes will have a large impact on small businesses.
Notice of the proposed rule has been delivered to the department of commerce and small business ombudsman, as required by s. 227.114(5), Stats.
A copy of the rule to be considered may be obtained, free of charge, from:
Division of Animal Health
Wisconsin Department of Agriculture,
Trade and Consumer Protection
P O Box 8911
Madison, WI 53708-8911
Notice of Hearing
Crime Victims' Rights Board
Notice is hereby given that the Crime Victims' Rights Board will hold a public hearing at the time and place indicated below to consider the creation of rules, pursuant to s. 950.09 (5), Stats., and interpreting ss. 950.09 and 950.095, Stats., relating to the review of complaints alleging violations of the rights of crime victims.
Hearing Information
Date & Time Location
February 25, 2000 Room G55-59
Friday Waukesha Co. Adm. Bldg.
1:00 p.m. 1320 Pewaukee Rd.
WAUKESHA, WI
Analysis Prepared by the Crime Victims' Rights Board
Statutory authority: s. 950.09 (5)
Statutes interpreted: ss. 950.09 and 950.095
Under the proposed rule, a party that has been involved in efforts by the Wisconsin Department of Justice (“Department") to resolve a complaint alleging violations of the rights of a crime victim may, once the Department has completed its efforts on the complaint, seek review of the complaint before the Crime Victims' Rights Board (“Board"). The Board may implement various remedies if it concludes that a violation of the rights of a crime victim has occurred. The Board also has authority to issue reports and recommendations concerning the securing and provision of crime victims' rights and services.
If the complaint is brought by a victim, or with a victim's signed consent, the Board may consider one or more of the remedies provided by s. 950.09 (2), Stats. In reviewing such complaints, the Board must make a probable cause determination before beginning any investigation or pursuing any of the authorized remedies. If the Board finds probable cause, it may conduct an investigation on the complaint. A hearing may be held at the request of either party or the Board. The Board, its designee, or a hearing examiner may conduct the hearing. Following the hearing, the Board will issue a written decision including findings of fact and conclusions of law. A party that is adversely affected by the Board's decision may request rehearing and may also seek judicial review of the Board's decision under the provisions of ch. 227, Stats.
If a complaint is not submitted by a victim or with a victim's signed consent, the Board may investigate the complaint and may issue a report or recommendation based upon the complaint under s. 950.09 (3), Stats.
Text of Rule
SECTION 1. Chapter CVRB 1 is created to read:
CVRB 1.01 Purpose. The purpose of this chapter is to establish procedures for the review of complaints made to the crime victims' rights board. This chapter interprets the provisions of ss. 950.09 and 950.095, Stats., and also interprets the provisions of ch. 227, Stats., concerning the conduct of proceedings under this chapter.
CVRB 1.02 Definitions. In this chapter:
(1) “Board" means the crime victims' rights board.
(2) “Chairperson" means the chairperson of the board.
(3) “Complainant" means the individual filing a complaint with the board.
(4) “Complaint" means a written, sworn complaint made to the board regarding a violation of the rights of a crime victim.
(5) “Department" means the department of justice.
(6) “Involved party" means an individual who participated in the mediation process as provided in s. 950.08 (3), Stats.
(7) “Mediator" means an employe of the department who has sought to mediate or has actually mediated a complaint made to the department as provided in s. 950.08 (3), Stats.
(8) “Party" means the complainant, the respondent, or both.
(9) “Probable cause" means a reasonable basis for belief, supported by facts, circumstances, and reasonable inferences strong enough to warrant a prudent person to believe that a violation probably has been or is being committed as alleged in the complaint.
(10) “Respondent" means the individual identified in the complaint as the subject of the complaint.
(11) “Victim" has the meaning given in s. 950.02 (4), Stats.
CVRB 1.03 Delegation of responsibilities. The board may delegate its responsibilities in ss. CVRB 1.05 to 1.07 to an appropriate designee.
CVRB 1.04 Filing. (1) All written statements of a party's position submitted to the board, including the complaint and the answer, shall be signed by the person preparing the statement. A party shall verify that the contents of each filing submitted by that party or on that party's behalf are true and correct to the best of the party's knowledge and shall sign the filing.
(2) All complaints shall be prepared on a complaint form obtained from the mediator. The completed complaint shall be returned to the board at the address provided on the form.
(3) A complaint may be filed by any involved party. The board may not take any action provided by s. 950.09 (2), Stats., other than seeking equitable relief as provided by s. 950.09 (2) (c), Stats., unless the complaint is filed by a victim or a victim has signed the complaint indicating that he or she consents to the filing of the complaint by the involved party.
(4) The board may consider issuing a report or recommendation as provided by s. 950.09 (3), Stats., in response to a complaint filed by an involved party without endorsement by a victim. The board may consider a complaint filed under this subsection, and may issue a report or recommendation as provided by s. 950.09 (3), Stats., without making a probable cause determination.
(5) The board may consider complaints alleging violations of victims' rights that occurred on or after December 1, 1998. The board may not consider alleged conduct that occurred more than three years from the date the complainant knew or should have known of a violation of the rights of a victim. The board may consider issuing reports or recommendations as provided by s. 950.09 (3), Stats., relating to conduct that occurred prior to December 1, 1998 or more than three years before a complaint was filed with the board or the board was otherwise notified of the conduct.
CVRB 1.05 Probable cause determination. (1) Upon receipt of the complaint, the board shall contact the mediator and request verification that the substance of the complaint has been presented to the department and that the department has completed its action as required by ss. 950.08 (3) and 950.09 (2), Stats.
(2) If the substance of the complaint has not been presented to the department, the board shall advise the complainant of the complainant's obligation to present the substance of the complaint to the department before filing a complaint with the board.
(3) If the department has not completed its action as provided in s. 950.08 (3), Stats., the board shall return the complaint form to the complainant and shall advise the complainant that the board cannot review the complaint until the department has completed its action.
(4) If the department has completed its action as provided in s. 950.08 (3), Stats., the mediator shall provide the board with information on the mediation process and its outcome. This information may take the form of a memorandum, other written documentation, or both.
(5) The board shall provide a copy of the complaint, with a cover letter, to the respondent and invite the respondent to submit an answer to the complaint. The board shall provide a copy of this letter to the complainant. If the respondent submits an answer, the board shall provide a copy of the answer to the complainant.
(6) The board shall determine probable cause at its next regularly scheduled meeting or at a meeting called by the chairperson. Upon a vote of the board, the board may deliberate and vote on the probable cause determination in closed session pursuant to s. 19.85 (1) (f), Stats.
(7) In making the probable cause determination, the board may consider all relevant information, including all of the following:
(a) The complaint.
(b) The answer.
(c) The information provided by the mediator pursuant to sub. (4).
(8) The board shall notify the parties and the mediator of its probable cause determination. If the board finds probable cause, the board shall advise the parties of their right to request a hearing under s. CVRB 1.07 on the complaint. A finding of no probable cause is a final decision of the board. If the board finds no probable cause, the board shall provide notice to the parties of the right to seek judicial review pursuant to ch. 227, Stats.
CVRB 1.06 Investigations. (1) The board may conduct an investigation of any complaint which meets the probable cause standards under this chapter. The board may request responses to written questions, participation in a personal or telephonic interview with the board, and written documentation. The board may consider a party's refusal to cooperate with the board's investigation in making its determination on the complaint.
(2) The board may request a party to sign a statement authorizing the limited release of specified records to the board. A party who is asked to sign a release may request a protective order from the board limiting the disclosure of any such records outside the board's process.
(3) Following its investigation and prior to the hearing under s. CVRB 1.07, the board shall provide copies to the parties of any documentation obtained during its investigation.
CVRB 1.07 Hearings. (1) A hearing may be requested by any party or by the board. A party may appear in person or by telephone at the hearing, or may submit a written statement of position on the complaint in place of a personal appearance.
(2) A party who chooses not to appear at the hearing shall notify the board not later than two weeks prior to the hearing of this intent. A party who chooses to submit a written statement shall submit that statement to the board not later than one week prior to the scheduled hearing date.
(3) One month prior to the hearing, or at another date determined by the board, the parties may provide the board with all of the following:
(a) A list of witnesses whom the party wishes to have the board subpoena for the hearing. Subpoenas may also be issued in accordance with s. 227.45 (6m), Stats.
(b) A list of questions for the board to ask another party or witness at the hearing.
(4) The board, or its designee, or a hearing examiner proceeding under ch. 227, Stats., may preside over the hearing.
(5) The parties appearing at the hearing shall be afforded reasonable opportunity to be represented by counsel, to call witnesses, and to present evidence. Questioning of a party by another party is not favored and may be limited by the board consistent with s. 227.45 (6), Stats.
(6) The board may set reasonable time limits for testimony and may limit the number of witnesses called by a party. No party may require the mediator to testify as a witness at the hearing.
(7) Proof of a violation of the rights of a crime victim shall be made by clear and convincing evidence. “Clear and convincing evidence" means evidence which satisfies and convinces the board, because of its greater weight, that a violation occurred.
