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The registrant's federal tax identification (FEIN) number.
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The name and address of the registrant's registered agent in this state, if any.
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The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.
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The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.
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The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.
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The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.
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A statement indicating the form in which the registrant wishes to receive “no-call" lists. A registrant may receive “no-call" lists in one or more of the following forms:
- By e-mail transmission to an e-mail address provided by the registrant.
- As a compact disc, mailed to an address provided by the registrant.
- In hard-copy printed form, mailed to an address provided by the registrant.
Telemarketer Registration Fees
A telemarketer registering with DATCP must pay the following annual fees:
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A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.
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A supplementary fee for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. The fee amount is $100 per telephone line if the registrant (and the registrant's employees and agents) use more than 3 lines.
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A supplementary fee of $25 for each additional e-mail address to which the registrant would like DATCP to send the “no-call" list (if more than one e-mail address).
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A supplementary fee of $25 for each additional copy of the list which the registrant would like DATCP to send in compact disc form.
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A supplementary fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.
Updating the List
DATCP must compile and distribute an updated “no-call" list every 3 months. DATCP must distribute updated lists in the same manner as the initial list. DATCP must delete a residential telephone customer from the “no-call" list 2 years after that customer last signed up for inclusion on the list. A customer may renew at any time.
Small Businesses Affected by this Rule
This rule affects businesses that solicit residential consumers for the purpose of encouraging the call recipient to buy property, goods or services. The rule will effect “professional" telemarketers who solicit on behalf of others as well as businesses that solicit on their own behalf. The bureau assumes approximately 600 businesses that offer to sell a wide variety of consumer products will be required to register. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule will have an impact on small business. Under current law, all businesses that telemarket must keep a no call list consisting of persons who inform the business that they do not want to be called again. Under this rule the business will have to add the telephone numbers compiled by the State to their no call list. The department will provide the consumer information in a format that is readable by all computer systems. Any Wisconsin business that telemarkets into one of the more than 20 States that currently have do not call laws will already have already implemented systems to fulfill the requirements contained in this rule. Others may have a one-time cost of reprogramming their systems. This one-time cost is expected to have a slight impact on small business.
The cost of administering the program is mandated by statute to be funded through registration fees for businesses that telemarket. The fees are based on the number of lines that are used to solicit so a small business will pay less than a large telemarketer with multiple lines.
Steps to Assist Small Business
The registration fees are based on the number of lines a telemarketer uses to solicit and the first three telephone lines are included under the base fee. The rules also have exceptions for businesses calling their own customers or responding to a request by a consumer for a call. Both of these exceptions should assist small business.
Conclusion
This rule will have a minor impact on small business. Small business will have one-time costs to upgrade existing systems to accept the lists and combine them with current lists. The long term impact of not telemarketing persons who do not wish to be telemarketed are expected to be minor. This rule will have the long term cost of annual fees for registration. The department has taken reasonable steps to share the costs of the program equitably among those who are regulated.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
15.03, Stats., the Division of Hearings and Appeals will hold a public hearing to consider the repeal and recreation of ch.
HA 1 relating to the practice and procedure for contested cases conducted by the Division.
Hearing Information
The hearing will be held as follows:
April 26, 2002 Division of Hearings and Appeals
Friday Suite 201
9:30 a.m. 5005 University Avenue
Madison, WI
(Corner of University Ave. & Whitney Way)
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available at the east end of the building.
The pubic record on this proposed rule making will be held open until close of business May 3, 2002 to permit the submission of written comments from persons unable to attend the public hearing or those who wish to supplement testimony offered at the hearing. Any such comments should be sent to Louis Dunlap, Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875.
Analysis Prepared by the Division of Hearings and Appeals
These proposed rules describe the requirements and process for those individuals and organizations bringing contested case proceedings before the Division of Hearings and Appeals.
Before government reorganization in 1996, the office of administrative hearings located in the department of health and social services, in addition to “fair hearings" for individual recipients of various benefit programs, conducted a variety of contested case proceedings under Wis. Stat. ch.
227 relating to actions taken by the department concerning licensure, Medicaid funds and many other topics. The division of hearings and appeals, in addition to probation and parole hearings, also was conducting contested case proceedings for the department of natural resources and other state agencies in accordance with its own rule, ch.
HA 1. In the course of reorganization, the office of administrative hearings merged with the division of hearings and appeals and the combined offices have since added more types of proceedings for other state departments. These changes, as well as the fact that ch.
HA 1 was outdated, create the need for a revised and expanded rule governing the hearing process for these types of cases.
The proposed rule:
• Describes the process, requirements and time limits for requesting a hearing.
• Describes the process for service of documents.
• Describes the requirements for notices of hearing.
• Defines the powers of the administrative law judge who conducts the hearing, the manner in which a hearing will be conducted and the consequences of failure to appear at a scheduled hearing.
• Defines the limits on preservation of evidence and discovery.
• Defines the application of the rules of evidence.
• Defines the circumstances under which transcripts may be made for parties.
• Describes the form of hearing decisions, defines the burden of proof, and the process for the issuance of proposed decisions.
• Provides the requirements for decisions regarding further review or appeal of a decision.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (a), Stats.
Fiscal Estimate
There is no fiscal effect, as these rules regulate a process already performed.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or telephone:
Louis Dunlap
Division of Hearings and Appeals
5005 University Avenue, Suite 201
P.O. Box 7875
Madison, WI 53707-7875
(608) 267-7376 or, if you are hearing impaired, 264-9853.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the proposed rulemaking order affecting ss.
Ins 17.01 (3),
17.25 (3) (d),
17.28 (6) and
17.28 (6a), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2002.
Hearing Information
Date: Friday, May 3, 2002
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 23, OCI,
121 East Wilson Street, Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30p.m. the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707.
Analysis prepared by the Office of the Commissioner of Insurance
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2002. These fees represent a 5% decrease compared with fees paid for the 2001-02 fiscal year. The board approved these fees at its meeting on February 27, 2002, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $ 19.00 for physicians and $1.00 per occupied bed for hospitals, representing a 50% decrease from 2001-02 fiscal year mediation panel fees.
This rule also amends s. Ins. 17.25 (3) (d) to reflect the increased primary limit of 1million/3million for occurrences on and after July 1, 1997 for the Wisconsin health care liability plan as required by s.
655.23 (4) (b), Stats.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Fiscal estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 27, 2002 meeting.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2002-2003, is approximately $27.4 million, which represents a 5% decrease to fiscal year, 2001-2002 fee revenue.
Copies of Rule and Contact Person
Inger Williams, Services Section
