Under this rule, DATCP may suspend or revoke a certification for cause. DATCP may summarily suspend a certification, without prior notice or hearing, if DATCP makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare. The practitioner may request a formal hearing under ch. 227, Stats.
County and Local Ordinances
General
Farm conservation requirements adopted by a county, city, village, town or local governmental unit must be reasonably consistent with this rule. DATCP must review, and may comment on, proposed ordinances requiring farm conservation practices. DATCP will review agricultural shoreland management ordinances and other ordinances that regulate farm conservation practices. DATCP will assist DNR in reviewing general shoreland management ordinances adopted under s. 59.692, if those ordinances regulate farm conservation practices.
Counties and local entities must submit relevant ordinances for review. They need not obtain DATCP approval of their proposed ordinances, except that DATCP must approve agricultural shoreland management ordinances (see s. 92.17, Stats.). This rule, like current rules, establishes specific standards for county and local ordinances related to manure storage and agricultural shoreland management (see below).
Manure Storage Ordinances
A county, city, village or town may enact a manure storage ordinance under s. 92.16, Stats. Current rules spell out standards for manure storage ordinances. This rule incorporates those standards without change.
Under this rule, a county or local manure storage ordinance adopted under s. 92.16, Stats., must require persons constructing manure storage systems to obtain a county or local permit. A person constructing a manure storage system must have a nutrient management plan that complies with this rule, and must comply with applicable design and construction standards.
A manure storage ordinance may prohibit any person from abandoning a manure storage system unless that person submits an abandonment plan and obtains an abandonment permit. The rule spells out suggested abandonment requirements for those ordinances that regulate abandonment.
Agricultural Shoreland Management Ordinances
A county, city, village or town may enact an agricultural shoreland management ordinance under s. 92.17, Stats., with DATCP approval. Current rules spell out standards for agricultural shoreland management ordinances. This rule adopts the current rules without change. DATCP must seek DNR and LWCB recommendations before it approves an ordinance or amendment, except that DATCP may summarily approve an ordinance amendment that presents no significant legal or policy issues.
Local Regulation of Livestock Operations
A local governmental unit may regulate livestock operations under s. 92.15, Stats. Local regulations must be consistent with this rule. A local regulation may not require a farmer to change or discontinue that part of a facility or practice that existed prior to the effective date of this rule unless the farmer's cost is insignificant or the farmer receives at least 70% cost-share funding.
Waivers
DATCP may grant a waiver from any standard or requirement under this rule if DATCP finds that the waiver is necessary to achieve the objectives of this rule. The DATCP secretary must sign the waiver. DATCP may not waive a statutory requirement.
Standards Incorporated by Reference
Pursuant to s. 227.21, Stats., DATCP has received permission from the attorney general and the revisor of statutes to incorporate by reference in this rule NRCS technical guide standards, ASAE engineering practice standards, DNR construction site erosion control standards, the UW- extension pollution control guide for milking center waste water management, and the UW-extension guide on rotational grazing. Copies of these standards are on file with the department, the secretary of state and the revisor of statutes, but are not reproduced in this rule.
NRCS technical guide nutrient management standard 590 is attached as Appendix D to this rule. Appendix B contains a summary of UWEX publication A-2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops (copyright 1998), for selected crops. The department is seeking permission from the attorney general and revisor of statutes to incorporate the complete UWEX publication by reference in this rule. The complete publication and the summary are available from UW-extension, and will be on file with the department, the secretary of state and the revisor of statutes.
Fiscal Estimate
See page 37 of the February 29, 2000 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 38 of the February 29, 2000 Wis. Adm. Register.
Draft Environmental Assessment
The department has prepared a draft environmental assessment for this proposed rule. Copies are available from the department upon request and will be available at the public hearings. Copies of the environmental assessment can from: Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, Bureau of Land and Water Resources, 2811 Agricultural Drive, P.O. Box 8911, Madison, WI 53708-8911; telephone 608/224-4620. The department will accept comments on the draft environmental assessment at the public hearings and will accept written comments on the environmental assessment until April 14, 2000.
Notice of Hearing
Barbering & Cosmetology Examining Board
Notice is hereby given that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 440.62 (5) (b), Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Figure 5.02, Figure 5.04, Figure 5.05 and Figure 5.06, relating to theory hours conducted by the school outside of the classroom.
Hearing Information
April 3, 2000 1400 E. Washington Ave.
Monday Room 179A
10:15 A.M. Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 17, 2000 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statute interpreted: s. 440.62 (5) (b)
The Barbering and Cosmetology Examining Board proposes to revise its rules to allow students to receive credit for one or more structured establishment visits. The current rules do not allow this to occur. Under current rules, students may not receive credit for attending structured classes outside of their school in licensed establishments.
The board believes that this rule would allow students to obtain valuable experience for how to deal with treating the consumer appropriately and to learn how a practitioner protects the health, safety and welfare of the citizenry.
Fiscal Estimate
This rule changes the practitioner license syllabus for Barbering and Cosmetology. The fiscal impact to implement this rule may include special board meetings and administrative costs. These costs are estimated to be about $300 annually and can be absorbed within the agency's budget.
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 Person
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, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Commerce
(PECFA, Chs. Comm 46-47)
Notice is hereby given that pursuant to ss. 227.11 (2) (a) and 227.24 (4), Stats., interpreting ss. 101.143 and 101.144, Stats., the Department of Commerce announces that it will hold a public hearing on an emergency rule in Ch. Comm 47, relating to the Petroleum Environmental Cleanup Fund.
Hearing Information
March 27, 2000 Third Floor
Monday Conference Room 3B
Commencing at 9:30 a.m. Tommy G. Thompson
Commerce Center
201 W. Washington Ave.
Madison, Wisconsin
Interested persons are invited to appear at the hearing and present comments on the rule. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until April 10, 2000, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing.
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 261-6546 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
A copy of the emergency rule may be obtained without cost from Diane Ploessl, Department of Commerce, Bureau of PECFA, P.O. Box 7838, Madison, Wisconsin 53707, telephone (608) 261-7726, or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Fiscal Estimate
The Department is promulgating the emergency rule to temporarily expand a filing period from 30 days to 90 days, to provide PECFA claimants additional time to consider whether a funding decision from the Department should be appealed. There are no fiscal impacts to this rule change.
Notice of Hearing
Employe Trust Funds
Notice is hereby given that pursuant to s. 40.03 (1), (6), (7) and (8), Stats., and interpreting s. 40.03 (6) and 40.63, Stats., the Department of Employe Trust Funds will hold a public hearing at the time and place indicated below to consider the amendment of ss. ETF 50.30 (1m) and 50.50 (1) (c) 3., and creation of ss. ETF 50.32 (4) and 50.42 (8m), Wis. Adm. Code, relating to eligible disability applicants.
Hearing Information
April 4, 2000 Room 2A, ETF
Tuesday 801 West Badger Rd.
1:00 p.m. MADISON, WI
Written Comments
The public record on this proposed rule-making will be held open until 4:30 PM on Thursday, April 6, 2000 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Diane M. Bass, Disability Programs Bureau, Division of Insurance Services, Department of Employe Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wis. Dept. of Employe Trust Funds
Under s. 40.63, Stats., to be eligible for a disability benefit from the Wisconsin Retirement System (WRS), an employe, prior to reaching their normal retirement age, must be totally disabled by a mental or physical impairment which is likely to be permanent and meet the requirements listed below:
• The employe must be a participating WRS employe.
• The employe must have a total of at least five years of creditable service or at least one-half year of creditable service in each of five of the years. The seven full calendar years before the received date of the disability application will be used to determine whether the service requirement is met.
• The employe must not be entitled to any further earnings from the employer.
• The employer must certify that the employe ceased employment due to a disability.
• The employe must be totally and permanently disabled as certified by two licensed physicians.
