Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Wis. Stats., and s.
442.08 (3), Wis. Stats., as amended by
2001 Wis. Act 16, and interpreting s.
442.08 (2) and
(3), Wis. Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Accy 1.408, relating to the definition of “ownership" for the purpose of determining eligibility of firms for a license as a certified public accounting firm.
Hearing Date, Time and Location
Date: May 17, 2002
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearance 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 May 31, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: Secs. 15.08 (5) (b) and 227.11 (2), Wis. Stats., and s.
442.08 (3), Stats., as amended by
2001 Wis. Act 16.
This proposed rule-making order of the Accounting Examining Board addresses the requirement in s.
442.08 (3), Stats., as amended by
2001 Wis. Act 16, that the board shall promulgate rules that define “ownership interest" for the purposes of determining eligibility for a license as a certified public accounting firm.
Under ch.
442, Stats., as amended by
2001 Wis. Act 16, an applicant for a license as a certified public accounting firm must demonstrate that more than 50% of the ownership interest of the firm is held by individuals who hold certificates or licenses to practice as a certified public accountant issued under the laws of any state or foreign country. s.
442.08 (2) (c) 2.
If any person who holds an ownership interest in the firm is not licensed as a certified public accountant, the firm is required to designate an individual who is licensed as the individual responsible for the firm's compliance with ch.
442, Stats. s.
442.08 (2) (b).
The law requires that each person who holds an ownership interest in the firm, and who does not hold a certificate or license to practice as a certified public accountant, be an individual who actively participates in the firm or an affiliated entity. s.
442.08 (2) (c) 3.
In promulgating these rules, the board considered the financial interests and voting rights of all members of a firm.
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 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 Hearings
Agriculture, Trade and Consumer Protection
[CR 02-036]
(Reprinted from Mid-April Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to create ch.
ATCP 127, relating to a telemarketing “no call" list. The department will hold twelve hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until May 30, 2002, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 1-800-422-7128. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for there hearings. Please make reservations for a hearing interpreter by April 20, 2002, by writing to Jim Rabbitt, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4965. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Twelve hearings are scheduled:
Monday, May 6, 2002, at 1:00 p.m. & 7:00 p.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Tuesday, May 7, 2002, at 1:00 p.m. and 6:30 p.m.
Havenwood State Forest
6141 N. Hopkins Street
Milwaukee, WI 53209
Handicapped accessible
Wednesday, May 8, 2002, at 2:00 p.m. and 7:00 p.m.
Wausau City Council Chambers
City Hall
407 Grant Street
Wausau, WI 54403
Handicapped accessible
Thursday, May 9, 2002, at 1:00 p.m. and 6:00 p.m.
Brown County Library, Central Library
515 Pine Street
Green Bay, WI 54301
Handicapped accessible
Monday, May 13, 2002, at 1:00 p.m. and 7:00 p.m.
Department of Agriculture, Trade and Consumer
Protection , Eau Claire Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701
Handicapped accessible
Tuesday, May 14, 2002, at 1:00 p.m. and 7:00 p.m.
LaCrosse City Council Chambers
400 LaCrosse Street
LaCrosse, WI 54699
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Background
The Wisconsin department of agriculture, trade and consumer protection (DATCP) regulates unfair and deceptive business practices under s.
100.20, Stats. DATCP has adopted rules, under ch.
ATCP 127, Wis. Adm. Code, to protect consumers against unfair telemarketing practices. The Legislature has also directed DATCP, under s.
100.52, Stats., to create a “no-call" list of consumers who do not wish to receive telemarketing calls.
Under s.
100.52, Stats., consumers may contact DATCP to sign up for the “no call" list. Telemarketers may not call consumers whose telephone numbers appear on the list. Telemarketers must register with DATCP and pay fees to finance the list compilation and distribution. On a regular periodic basis, DATCP must update the list and distribute it to registered telemarketers. DATCP must adopt rules to implement this program.
This rule creates a telemarketing “no-call" program, as directed by the Legislature. DATCP is adding this rule to DATCP's current telemarketing rules under ch.
ATCP 127, Wis. Adm. Code.
“Telephone Solicitations" Covered
This rule regulates “telephone solicitations" to persons located in this state, regardless of where the calls originate. A “telephone solicitation" means an unsolicited telephone call for the purpose of encouraging the call recipient to buy property, goods or services, or that is part of a plan or scheme to encourage the call recipient to buy property, goods or services. “Telephone solicitation" does not include any of the following:
•
A telephone call encouraging the call recipient to buy property, goods or services from a “nonprofit organization" solely for the benefit of that organization. A “nonprofit organization" means an organization described in section 501(c)(3), (4), (5) or (19) of the United States internal revenue code.
•
A telephone call made by the sole individual proprietor of a business, encouraging the call recipient to buy property, goods or services sold by that business.
•
A telephone call made in response to the call recipient's request for that call.
•
A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.
•
A telephone call made to a number listed in the current local business telephone directory.
Telemarketers Must Register
This rule requires telemarketers to register annually with DATCP. A registration expires on December 31 of each year. Under this rule:
•
No person may employ or contract with any individual to make telephone solicitations to residential telephone customers unless that person is currently registered with DATCP.
•
No individual may make a telephone solicitation to a residential telephone customer unless one of the following applies:
- The individual is employed by, or acting as the contract agent of, a person currently registered with DATCP.
- The individual is currently registered with DATCP.
Telemarketer Registration Form
To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:
•
The registrant's correct legal name, and all trade names under which the registrant does business.
•
The registrant's principal business address and telephone number. The business address shall include street address, zip code, state and nation.
