For purposes of controlling this disease threat, it is essential that cervids be identified with official individual identification and records maintained of their movements. Prior to this rule, official individual identification generally required a veterinarian to insert an official eartag in the ear of the animal. This could become very costly and caused extreme stress for some of the animals. This rule recognizes a new form of official individual identification called a “chronic wasting disease registration tag." The herd owner will register with DATCP and receive a premises ID. The herd owner then is allowed to contact an approved manufacturer to obtain eartags that will include both the premises ID and an individual ID number that the owner will assign to each individual animal. The owner will be able to apply these tags to the cervids and will probably be able to do so at a cost of less than $1.00 per animal.
The department would like to require that any cervid moving interstate or within Wisconsin originate from a herd that has been participating in a CWD monitoring program for at least 5 years. However, the department recognizes that imposing such a restriction at this time would be onerous. Therefore, the department is phasing in the restriction to allow people to get enrolled in the program and meet shipment requirements as the requirements increase. By 2008, the requirements for 5 years of participation in the herd monitoring program will be fully implemented.
Conclusion
This rule will have a significant impact on farm-raised deer keepers throughout Wisconsin. It may be costly for farm-raised deer keepers to comply with the requirements of the rule. However, the alternative may be the total failure of the industry. If Chronic Wasting Disease becomes established in the farm-raised deer industry in Wisconsin, we will see significant loss of animals due to the disease, a complete closing of markets for live animals from Wisconsin and we may see a significant reduction in the number of hunters willing to pay for a hunt in Wisconsin. In addition, we would likely see a significant call from politicians and the public for the elimination of legal deer farms in the state. The provisions of this rule are designed to minimize the risk that chronic wasting disease will be introduced to Wisconsin deer farms, and if it is discovered in a deer farm, they should help confine and potentially eliminate the disease from the farmed population. Ultimately, if the industry is to survive, these provisions need to be adopted.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
[
CR 02-090]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
443.06 (3), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create s.
A-E 6.07, relating to land surveyor temporary permits.
Hearing Date, Time and Location
Date: July 24, 2002
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 124
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 August 7, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Section
443.06 (3), Stats., provides for the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, to grant a temporary permit for the practice of land surveying to applicants who hold a valid land surveying license in another state. Current laws and rules do not specify an expiration date for the temporary permit. The proposed rule would clarify the expiration date of the temporary permit to be the date the applicant is notified that he or she passed or failed the state jurisdictional examination. If the applicant did not appear to be tested, the temporary permit would expire on the date of the next scheduled state jurisdictional examination.
The proposed rules would consist of three sections. The first section would identify the requirements for obtaining a temporary permit. The second section would describe the conditions under which the temporary permit would expire. And the third section would provide for the board to grant an extension of the temporary permit under certain conditions.
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), Wis. Stat.
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
302.02,
301.03 (2), Stats., the department of corrections proposes the following rule relating to complaint procedures.
Hearing Information:
Date & Time Location
July 15, 2002 Wood County Courthouse
Monday 400 Market Street
11:00 a.m. - 1:00 p.m. Room 210B (Second Floor)
Wisconsin Rapids, Wisconsin
July 16, 2002 State Office Building
Tuesday 141 N.W. Barstow Street
11:00 a.m. - 1:00 p.m. Room 137 A
Waukesha, Wisconsin
The public hearing sites are accessible to people with disabilities.
Analysis Prepared by the Department of Corrections
The department's rule on inmate complaint procedures was last amended in 1998. Since that time the department has designed and added a new database and automated many of the record-keeping functions described in this rule. As prison administration continually evolves, so must our administrative code. For these reasons, the department proposes updating the rule.
Since implementing the department's Inmate Complaint Tracking System, physical processing of inmate complaints has changed. This rule helps to clarify the process and that, in turn, promotes efficiency as well as understanding. For example, this rule proposal eliminates various vague statements such as in s.
DOC 310.06 (2) (b) which states that the Inmate Complaint Examiner may “reject a complaint in accordance with provisions of this chapter;" and inserts a more concrete statement of “return complaint forms that do not meet the filing requirements of this chapter." This language is more specific and provides inmates with the clear understanding that their complaints may be returned without being processed for failure to comply with filing requirements. The previous statement notified inmates that they might have their complaint returned but did not go as far to inform the inmate of a specific reason. Clarity in this rule may even lead to fewer inmate complaints, as they may understand the system better. The addition of specific requirements in s.
DOC 310.09 (1) ensures that inmates know exactly what is required of them in filing complaints. It ensures easier processing of complaints through consistency and should logically result in fewer inmate complaints being returned for incomplete filing. This clarification will also assist the department in investigating inmate complaints in a timelier manner.
This proposed rule also eliminates redundancy by removing such items as s.
DOC 310.08 (1), which states that “an inmate may use the complaint review system individually or with a group of inmates collectively." This statement is simply not necessary at this point in the rule as it is addressed in detail in ss.
DOC 310.09 as well as 310.10.
This rule proposal eliminates unnecessary directives regarding internal processing such as in ss.
DOC 310.08 (4) and
(5), which state where complaints will be directed within the department. DOC 310.11 (1) is also amended to simplify existing language to merely specify that “ICE staff" collect complaints.
This rule proposes changes in the time limits throughout the complaint process. The time limit for making a recommendation to the appropriate reviewing authority and the time needed to render a decision have each expanded by five working days. This change reflects both the increased time needed to effectively review and decide certain complaints, as well as the time needed to review the increasing number of complaints from a growing inmate population.
The current rule allows an inmate to appeal only a frivolous complaint to the appropriate reviewing authority, while this proposed rule allows inmates to appeal a rejected complaint to the appropriate reviewing authority. Non-frivolous complaints are currently reviewed directly by the Corrections Complaint Examiner, thereby skipping a logical step in the process. The proposed rule also makes the reviewing authority's decision final in all appeals, not just frivolous appeals as in the current rule.
In summary, this rule proposal more logically and succinctly explains the progression of the complaint from its origin with the inmate through the appeal process and final decision, when applicable, by the Office of the Secretary of the Department of Corrections.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
The department's rule on inmate complaint procedures was last amended in 1998. Since that time, the department has designed and added a new database and has also automated many of the recordkeeping functions described in this rule. For these reasons, the department proposed updating the rule.
The updated language helps clarify the process by adding specificity, eliminating redundancy, and providing inmates with a clear understanding of how the process works.
This rule proposes changes in the time limits throughout the complaint process. The time limit for making a recommendation to the appropriate reviewing authority and the time needed to render a decision have each expanded by five working days. This change reflects both the increased time needed to effectively review and to make a decision.
Ultimately, this rule proposal explains the complaint process in a more logical and concise manner. It is not anticipate that these changes will have any fiscal impact on the department.
Contact Person
For a copy of the proposed rule contact:
Julie Kane (608) 240-5015
Office of Legal Counsel
P.O. Box 7925
Madison, Wisconsin 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than July 22, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Health & Family Services
(Health, Chs. HFS 110-)
Notice is hereby given that, pursuant to s.
149.143 (2) (a) 2.,
3., and
4. and
(3), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ss.
HFS 119.07 (6) (b) (intro) and health care premium tables and 119.15, Wis. Adm. Code, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP), and the emergency administrative rules taking effect on the same subject on July 1, 2002.
Hearing Information
The date, time and location of the public hearing is:
July 15, 2002 Conference Room 372
Monday State Office Building
1:00 p.m. 1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-eight percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The average premium rate increase for Plan 1 contained in these updated HIRSP rules is 25.4%. Rate increases for specific policyholders range from 19.2% to 27.8%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. According to state law, HIRSP premiums must fund 60% of plan costs and cannot be less than 150% of the amount an individual would be charged for a comparable policy in the private market.
A second type of medical coverage provided by HIRSP is supplemental coverage for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Twelve percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 2 type. The average premium rate increase for Plan 2 contained in these updated HIRSP rules is 30.8%. Rate increases for specific policyholders range from 23.3% to 33.5%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. These rate increases reflect general and industry-wide cost increases and adjust premiums in accordance with the authority and requirements set out in s.
149.14 (5m), Stats.
The department through these rules is amending two sections of the HIRSP program administrative rules:
1. The rules are updating HIRSP premium rates in ch.
HFS 119 in accordance with the authority and requirements set out in s.
149.143 (2) (a), Stats. The Department is required to set premium rates by rule. Rates must be calculated in accordance with generally accepted actuarial principles. Policyholders are to pay 60% of the costs of HIRSP. The HIRSP premium rate tables in ch.
HFS 119 are updated in accordance with these principles and requirements for the time-period beginning July 1, 2002.
2. The rules are also updating the total HIRSP insurer assessments and provider payment rates in accordance with the authority and requirements set out in s.
149.143 (2) (a) 3. and
4., Stats. With the approval of the HIRSP Board of Governors and as required by statute, the Department of Health and Family Services approved a methodology that reconciles HIRSP program costs, policyholder premiums, insurance assessments and collected health care provider contributions. The adjustments to the insurer assessments and the provider payment rates, contained in the updated HIRSP administrative rules for the time-period beginning July 1, 2002, are the result of this reconciliation process for calendar year 2001. The HIRSP Board of Governors has reviewed and approved these adjustments to policyholder premiums, insurer assessments and provider payment rates.
Identical emergency rules will be published to take effect on July 1, 2002.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or phone:
Randy McElhose
Division of Health Care Financing
P.O. Box 309, Room B274
