Rule-Making Notices (Hearing Notices)

Consistent with agency practice, a provision has been newly added providing that, except as otherwise provided in the commission's rules, the arbitration hearing shall be conducted in accordance with the Code of Responsibility of the National Academy of Arbitrators, the Federal Mediation Service and the American Arbitration Association (new ERC 32.15 (8)).

The costs provision has been revised to empower only the parties and not the arbitrator to decide that the hearing will be transcribed (new ERC 32.15 (13)).

The old "Civil liability" subheading has been changed to "Attorney fees, interest and other costs" (compare old and new ERC 32.16 (2)).

Interest Arbitration for School District Professionals (Ch. ERC 33)

This chapter has been revised, where applicable, to incorporate the common changes noted above and the other changes made in ERC 32.

Fee administration language has been added to the rule concerning withdrawal of a petition (new ERC 33.10 (4)).

In order to conform with the Court of Appeals decision in RACINE EDUCATION ASSOCIATION V. WERC, 238 Wis.2d 33 (CtApp, 2000), the definition of a Qualified Economic Offer has been revised to remove the words "at least" and "minimum" (compare old and new ERC 33.10 (2), (3) (a) and (3) (a) 2.).

To conform to statutory changes in Sec. 111.70 (4) (cm) 5s, Stats., language has been added regarding agreement by operation of law (new ERC 33.10 (4), (7) and (8) and 33.16 (1)).

The costs provision (old ERC 33.19 (13)) has been revised to eliminate the right of the arbitrator to insist on a transcript that neither party desires (new ERC 33.19 (13)).

The "Civil liability" sub-heading of old ERC 33.20 (2) has been changed to "Attorney fees; interest; other costs" (new ERC 33.20 (2)).

Interest Arbitrator for Milwaukee Police under Sec. 111.70 (4) (jm) (Ch. ERC 31)

This newly created chapter conforms to agency practice regarding Milwaukee Police interest arbitration cases. It parallels revised ERC 32 except to the extent required by statutory differences.

Consistent with Sec. 111.70 (4) (jm) 2. and 4., the parties are precluded from submitting to arbitration subjects that were not certified by the commission as being at impasse. However, the parties are permitted to change their positions regarding the certified subjects at any time prior to a deadline established by the arbitrator (new ERC 31.07 (2)).

Representation Elections (Chs. ERC 3, 11 and 21)

These chapters have been revised to incorporate the common changes and to make them parallel with each other except to the extent required by statutory differences.

Language has been added reflecting the agency's existing practice of requiring a showing of interest in support of a petition for a representation election in certain cases (new ERC 3.02 (3), 11.02 (3) and 21.02 (3)). Where a showing of interest is required, the new language requires that it be submitted in paper form by personal delivery or mail (new ERC 3.02 (2), 11.02 (2) and 21.02 (2)). Related procedures for agency determination of the sufficiency of the showing of interest are also added (new ERC 3.05 (2), 11.05 (2) and 21.05 (2)).

Language has been added reflecting the agency's existing practice regarding efforts to reach an informal settlement of all or part of the issues presented by a representation election petition (new ERC 3.05 (3), 11.05 (3) and 21.05 (3)).

These chapters provide for investigative/non-adversary type hearing procedures (e.g., new ERC 3.01 (1), 11.01 (1) and 21.01 (1)).

Language has been added regarding rehearing procedures (new ERC 11.13).

Unit Clarifications (Chs. ERC 7, 17 and 27)

These chapters are all newly created. They incorporate the common changes described above and otherwise generally conform to agency practice regarding the resolution of bargaining unit clarification issues.

Consistent with agency practice, the procedures prescribed for unit clarification proceedings closely parallel those provided for representation election proceedings.

Union Security Referenda (Chs. ERC 4, 8, 15 and 26)

Chapters ERC 4 and 15 have been revised to incorporate the common changes noted above, where applicable, and to parallel the revised representation election chapters except where statutory differences require otherwise.

Chapters ERC 8 and 26 are newly created. They parallel the revised ERC 15 except where statutory differences require otherwise.

Statutory differences result in variations among the chapters regarding who may file a petition regarding deauthorization. New ERC 15.04 (1) permits a petition for deauthorization to be filed by “the municipal employer or a labor organization" as provided in Sec. 111.70 (2), Stats. In contrast, new ERC 4.04 (1), 8.02 (1), and 26.02 (1) limit deauthorization petition filings to the employer or the exclusive representative of the bargaining unit involved under Secs. 111.06 (c) 1., 111.075 (2) (a) and 111.85 (2) (a), Stats.).

Statutory differences regarding whether approval of an authorization referendum must be achieved before implementation of a union security arrangement result in variations among the chapters regarding whether provisions are included for a pre-implementation petition for an authorization referendum (compare new ERC 4.03 (1), 8.02 (1) and 26.02 (1) with the absence of such a provision from new ERC 15.04 (1)).

Showing of interest procedures are set forth in new ERC 8.03, 15.05 and 26.03, in conformity with the showing of interest provisions in Secs. 111.075, 111.70 (2) and 111.85, Stats., respectively.

Copies of Rule and Contact Person

Copies of the these proposed rules are available without cost upon request to the Wisconsin Employment Relations Commission at 18 South Thornton Avenue, P.O. Box 7870, Madison, WI 53707-7870, [e-mail], [phone]. Due to the great length of the proposed rules, the Commission suggests that the public use electronic access to the text of the proposed rules (listed as CR02-037) which can be obtained at:
http://www.legis.state.wi.us/lc/adm_rules.htm

Questions about the proposed rules can be directed to Paul A. Hahn, Commissioner, [e-mail], 18 South Thornton Avenue, P.O. Box 7870, Madison, Wisconsin 53707-7870, [phone], or Marshall L. Gratz, Attorney-Supervisor, [e-mail], Wisconsin Employment Relations Commission, 4449 North Maryland Avenue, Shorewood, Wisconsin 53211, [phone], or Peter G. Davis, General Counsel, [e-mail], Wisconsin Employment Relations Commission at 18 South Thornton Avenue, P.O. Box 7870, Madison, Wisconsin 53707-7870, [phone].

Fiscal Estimate

The Wisconsin Employment Relations Commission estimates that the overall fiscal impact of its proposed revision of existing administrative rules and creation of new administrative rules will be to decrease the cost to all parties using the services of the Wisconsin Employment Relations Commission. This overall estimate is based on the assumption that the proposed rules will increase the ability of all parties to use inexpensive technology when using the Wisconsin Employment Relations Commission's services and to more easily understand how the Wisconsin Employment Relations Commission administers its statutory responsibilities.

The proposed rules increase the filing fee for complaints filed with the Wisconsin Employment Relations Commission from $40 to $50. Based on the average annual number of complaints filed during the prior eight years (152), the Wisconsin Employment Relations Commission estimates that the increased fee will generate an additional $1520 of program revenue each year.

Because counties, cities, villages, towns, school districts, technical college districts and sewerage districts rarely file complaints, the fiscal impact on these entities will be negligible.

Initial Regulatory Flexibility Analysis

Having considered s. 227.114 (2), Stats., the Commission concludes these proposed rules will have little, if any, impact on small businesses.

Notice of Hearing

Financial Institutions - Division of Corporate and Consumer Services

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at the time and place indicated below to consider creating a rule relating to certain fees regarding partnerships, corporations, limited liability companies and cooperatives.

Date, Time and Place of Hearing

June 13, 2002   Tommy G. Thompson Conference Room

Thursday   5th Floor

10:00 a.m.   Department of Financial Institutions

  345 West Washington Avenue

  Madison, WI 53703

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Mark Schlei at [phone] or TTY [phone] for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act. Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Mr. Ray Allen, Administrator, Department of Financial Institutions, Division of Corporate and Consumer Services, P.O. Box 7846, Madison, WI 53707-7846.

Analysis Prepared by the Department of Financial Institutions, Division of Corporate and Consumer Services

Analysis: Statutory authority: ss. 182.01 (4) and 227.1 (2), Stats. Statutes interpreted: 182.01 (4). Summary: 2001 Act 16 amended ss. 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2) and (4), 181.0122 (1) (zm), (2) and (4), 183.0114 (1) (t) and (u), and 185.83 (1) (d) and (h); repealed s. 179.16 (4), 180.0122 (1m), and 185.83 (1) (f) and (1) (fm); and repealed and recreated s. 182.01 (4), Stats. The act authorizes the Department of Financial Institutions to adopt rules relating to certain fees regarding partnerships, corporations, limited liability companies and cooperatives. The proposed rule sets these fees.

Fiscal Estimate

Statutory Authority: Sections 182.01 (4) and 227.11 (2), Stats.

The rule has no state fiscal effect. There are no local government costs. Program fund sources and s. 20.144 (1) (g) appropriations are affected.

Initial Regulatory Flexibility Analysis

The rule may have an impact on small business. Types of small business that will be affected by the rule: business entities. Description of the proposed reporting, bookkeeping and other procedures required for compliance: payment of fee to the department. Types of professional skills necessary for compliance: no new skills.

Copies of Rule and Contact Person

A copy of the full text of the proposed rule and fiscal estimate may be obtained through the following:

Ray Allen, Administrator

Department of Financial Institutions

Division of Corporate and Consumer Services

P.O. Box 7846

Madison, WI 53707-7846

Tel. [phone]

TTY [phone]

A copy of the full text of the proposed rule may also be obtained at the Department of Financial Institutions' website, www.wdfi.org.

Notice of Hearing

Insurance
[CR 02-069]

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 attached proposed rulemaking order affecting ch. Ins 9, Wis. Adm. Code, relating to Defined Network Plans.

Date, Time and Place of Hearing

June 20, 2002

10:00 a.m., or as soon thereafter as the matter may be reached.

Room 6, 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 within 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.

Analysis Prepared by the Office of the Commissioner of Insurance

Statutory authority: ss. 601.41 (3), 609.38, and 632.85, Stats.

Statutes interpreted: ch. 609 and s. 632.85, Stats.

Most of the revisions are based on a terminology change in how managed care plans are to be referred to as defined network plans as established in 2001 Wis. Act 16. In addition, the 2001 Wis. Act 16 modified some requirements of ch. 609, Stats., as they apply to preferred provider plans, and those changes are reflected accordingly within ch. Ins 9.

Chapter Ins 9 differentiates between preferred provider plans that may or may also be defined network plans. For a preferred provider plan to be eligible for distinct treatment from defined network plans, the insurer offering the plan must provide the covered services without requirement of a referral including pre-authorization even if such pre-authorization is used by the plan for utilization management or use of incentives. The insurer offering a preferred provider plan must comply with s. 609.35, Stats., and cover the same services both in-plan and out-of-plan without material disincentives. The coverage must be substantial with coverage not less than 70% of usual and customary rates and no material exclusions, deductibles, maximum limits or other conditions uniquely applied to out-of-plan provider services resulting in significantly limited out of plan benefits.

In addition, the insurer offering preferred provider plans must have participating plan providers who are accepting patients within a reasonable distance of the insured and provide an adequate number of participating providers in each geographic area to service all insureds in that area. Preferred provider plans will need to provide telephone access for emergency care or authorization of care 24 hours per day. Whenever a participating provider's participation with the plan terminates, the preferred provider plan must directly or by contract notify the insureds. However, if the insurer contracts for the notification of provider termination, the insurer remains responsible for ensuring that notification is sent.

If a plan qualifies as a preferred provider plan, the plan would no longer be required to develop quality assurance standards relating to access to, and continuity and quality of care. However, the insurer would still be responsible for developing procedures for remedial action to address quality problems in each of these areas. Also, a preferred provider plan that assume direct responsibility for clinical protocols and utilization management of the plan would be required to appoint a physician as a medical director.

Insurers offering preferred provider plans that contain material exclusions, deductibles, maximum limits or other conditions uniquely applied to out of network provider services resulting in significantly limited out of network benefits must comply with statutes and regulations as a defined network plan.

Fiscal Estimate

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

Copies of Rule and Contact Person

A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at [phone] or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.

Notice of Hearings

Natural Resources
[CR 02-063]

NOTICE IS HEREBY GIVEN that pursuant to ss. 292.79 and 227.11 (2) (a), Stats., interpreting s. 292.79, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 173, Wis. Adm. Code, relating to the administration of the brownfield green space and public facilities grant program. The grant program directs the Department to award $1 million in grants to local governments for the remediation of brownfields sites where the end use will have a long-term public benefit, including the preservation of green space, the development of recreational areas or public use by a local government. The proposed rule includes the following elements: