Statutes authorizing promulgation: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.
Statute interpreted: Section 457.12, Stats.
This proposed rule-making order requires that applicants for licensure as a Professional Counselor pass the National Counselor Mental Health Certification Examination (NCMHCE). Under new law effective November 1, 2002, licensed professional counselors may practice psychotherapy independently. In order to ensure that they are qualified to practice psychotherapy independently, the Professional Counselor Section wishes to require all new applicants for licensure to pass the national clinical examination, the NCMHCE. Without this change, there will be less certainty that professional counselors are qualified to practice psychotherapy, and requiring passage of the NCMHCE will ensure greater protection of the public.
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 Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2003 migratory game bird season. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulations process. Actual season lengths, dates and harvest allocations will change based on the federal framework regulations. The Department anticipates the regulations to include:
Ducks – The state is divided into two zones, each with 45-day seasons. The season begins at noon September 27 in the north. In the south, the season begins at noon on October 4 and continues through October 12, there would be a 4-day split, and then reopen on October 17. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 wood ducks, 2 redheads and 3 scaup. The canvasback season is again closed.
Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Season lengths are Collins Zone – 67 days; Horicon Zone – 93 days; Exterior Zone – 91 days; and Mississippi River Subzone – 70 days.
The Canada goose bag limit is established for the youth waterfowl hunt and 2 days will be offered.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 5, 2003 Auditorium, Admin. Center
Tuesday 400 4th St. North
at 6:00 p.m. La Crosse
August 5, 2003 Comfort Suites
Tuesday Hwy. J and I-94
at 6:00 p.m. Pewaukee
August 6, 2003 Conference Room #1
Wednesday DNR Service Center
at 6:00 p.m. 107 Sutliff Ave.
Rhinelander
August 6, 2003 Room 310
Wednesday Green Bay City Hall
at 6:00 p.m. 100 N. Jefferson St.
Green Bay
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 6, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-20-03] and fiscal estimate may be obtained from Mr. Thiede.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Notice of Hearing
Natural Resources
(Environmental Protection-General,
Chs. NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 30.27 and 227.11 (2) (a), Stats., interpreting s. 30.27, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 118, Wis. Adm. Code, relating to the Lower St. Croix Riverway. Key areas of revision are definitional changes and additions to add clarity; creation of five unique set back zones and standards for development in each; clarification of the treatment of non-conforming structures; and modification of the administrative procedures for local and state government. These changes conform closely to the recent Cooperative Management Plan between the States of Minnesota and Wisconsin and the National Park Service.
The net effect of these changes is to improve the clarity and consistency of the code, increase the flexibility of owners of existing non-conforming structures to repair, maintain and, in some cases, expand those structures; increase the environmental and visual "buffering" of new and existing development within the riverway; and clarify administrative procedures.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
July 31, 2003 Lower Level Community Room
Thursday St. Croix Co. Government Center
at 5:00 p.m. 1101 Carmichael Road
Hudson
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Al Shea at (608) 267-2759 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Al Shea, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than August 15, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-28-03] and its fiscal estimate may be obtained from Mr. Shea.
Fiscal Estimate
The rule will cause all towns, cities and villages within the Riverway District one-time costs to revise their zoning ordinances to reflect the new minimum standards in the revised rule for incorporated areas. Counties within which the District occurs will also incur one-time costs to revise their zoning ordinances to reflect the new minimum standards on the revised rule for unincorporated areas. However, after this initial increased workload, it is envisioned that the administrative burden of enforcing these specialized zoning provisions will be easier than that required to administer the existing ordinances, thereby decreasing workload. Exact increased one-time costs or decreased annualized costs to local governments are extremely difficult to estimate.
Notice of Hearing
Natural Resources
(Environmental Protection-General
Chs. NR 100—)
(Environmental Protection-WPDES
Chs. NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15, 283.001, 281.13, 283.15, 283.31, 283.37 and 283.55, Stats., interpreting ss. 281.15, 283.13 and 283.15, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 104, 105, 106 and 210, Wis. Adm. Code, relating to the regulation of discharges of ammonia to surface waters of the state and other minor corrections to chs. NR 105 and 106.
Ammonia nitrogen, which is present in domestic and some industrial wastewater, has been shown to be toxic to aquatic life. The Department is currently using 1976 U.S. EPA criteria and a general provision in s. NR 105.04 to regulate the discharge of ammonia to surface waters. This proposed rule incorporates the EPA 1999 update of ambient water quality criteria for ammonia and calculation and implementation procedures to existing chs. NR 105 and 106. The EPA criteria were adapted to reflect Wisconsin aquatic life special and water body classifications. The Department is proposing criteria that are specific to each of the four major aquatic life classifications (cold water fish, warm water sport fish, limited forage fish and limited aquatic life) to assure attainment of the designated waterbody use.
Based on additional toxicological data, the 1999 EPA criteria generally provide less restrictive criteria than those previously used to calculate effluent limitations. It appears that most existing bio-mechanical wastewater treatment plants in the state will be capable of achieving ammonia discharge limits developed under the proposed rule. A significant number of lagoon and stabilization pond systems (approximately 160) will be subject to ammonia limits for the first time and many likely will not be able to meet the limits. The proposed revision to ch. NR 106 contains a variance procedure that provides additional time to address the treatment needs of facilities which use lagoons and ponds to treat domestic wastewater.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
July 15, 2003 Room 611A, GEF #2
Tuesday 101 South Webster St.
at 9:00 a.m. Madison
July 15, 2003 Room O102
Tuesday Moraine Park Tech School
at 2:30 p.m. 235 N. National Ave.
Fond du Lac
July 16, 2003 Conference Room #2
Wednesday Portage Co. Courthouse Annex at 11:00 a.m. 1462 Strongs Avenue
Stevens Point
July 22, 2003 Room 110A
Tuesday Barron Co. Courthouse
at 1:00 p.m. 330 E. LaSalle Avenue
Barron
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Rick Reichardt at (608) 267-7894 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule and fiscal estimate may be submitted to Mr. Rick Reichardt, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than July 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WT 27-03] and fiscal estimate may be obtained from Mr. Reichardt.
Fiscal Estimate
It is estimated that approximately 160 facilities using lagoons and stabilization ponds for wastewater treatment will be affected by the proposal, as they may receive ammonia limits for the first time. Using a worst case assumption of replacing all lagoons and ponds with an alternative treatment system, it is estimated that total annual treatment costs for the affected users would increase in the range of $7.5-9 million.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control,
Chs. NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 428.02, 428.04 and 428.06, Wis. Adm. Code, relating to the control of emissions of nitrogen oxides. The proposed rule establishes a new categorical limit for nitrogen oxides (NOX) emissions from a unit which is fired by biologically derived gaseous fuel. This rule revision is necessary to clarify that this category of emission units is subject to a specific emission limit and not to the emission limit for natural gas fired units. The proposed rule also clarifies the applicability of s. NR 428.06 (2) (a) to only utility boilers.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. Small businesses may be able to utilize more efficient and less costly options for providing energy at lower emission levels than was previously available.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
August 6, 2003 Room 141
Wednesday DNR Southeast Region Hdqrs.
at 1:00 p.m. 2300 N. Dr. Martin Luther King Jr. Dr.
Milwaukee
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Tom Karman at (608) 264-8856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Tom Karman, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, no later than August 15, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of AM-25-03 and its fiscal estimate may be obtained from Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, phone: (608) 266-7718 or fax: (608) 267-0560.
Fiscal Estimate
The rule revisions are administrative changes that have no additional fiscal impact.
Notice of Hearing
Workforce Development
(Labor Standards, Chs. DWD 270-279)
NOTICE IS HEREBY GIVEN that pursuant to ss. 103.02 and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes to ch. DWD 274, relating to hours of work and overtime.
Hearing Information
July 17, 2003 GEF 1 Building, Room B103
Thursday 201 E. Washington Avenue
at 1:30 p.m. Madison, WI
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutory authority: Sections 103.02 and 227.11, Stats.
Statutes interpreted: Sections 103.01 and 103.02, Stats.
Relevant federal law: 29 USC 213(b)(12), 29 USC 203(f), and 29 CFR Part 780.
Chapter DWD 274 requires each private employer to pay each employee time and one-half the regular rate of pay for all hours worked in excess of 40 hours per week, unless the employer is not subject to the chapter or is exempt from the overtime section. Chapter DWD 274 also requires each private employer to keep permanent records showing the name, address, hours of employment, and wages of each employee and to pay employees for on-duty meal periods.
Currently, employees employed in farming, as defined in s. 102.04 (3), Stats., are not subject to ch. DWD 274. Employees of independent contractors who erect silos and other farm buildings or equipment, build terraces, dig wells or build dams for ponds; employees engaged in inspecting and culling flocks of poultry; and pilots and flagpersons engaged in the aerial dusting and spraying of crops are subject to the chapter but are exempt from the overtime pay requirement.
The proposed rule broadens the exemption from the overtime pay requirement for agricultural employees by adopting the federal definition of agriculture as found in the Fair Labor Standards Act. The federal definition of agriculture is more comprehensive and logical than the current chapter DWD 274, and there are extensive federal regulations and case law to assist in interpreting the federal definition.
The federal definition of agriculture has two distinct branches. The primary meaning of agriculture includes cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, and the raising of livestock, bees, furbearing animals, or poultry. The secondary meaning of agriculture includes any practices performed by a farmer or on a farm as an incident to or in conjunction with the farming operations of that farm, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
The current chapter DWD 274 includes items in the federal primary meaning of agriculture and some, but not all, of the items in the secondary meaning. Some activities considered secondary agriculture under the federal meaning are in the current s. DWD 274.04 (9) as piecemeal exemptions to the overtime requirement. The department believes that it is fairer and more logical to adopt a broader general definition of agriculture rather than exempt certain activities on a piecemeal basis and not others.
Under the current rule, some agricultural activities are not subject to the chapter and some are just exempt from the overtime pay requirement. Under the proposed rule, the new broader definition of agriculture will be an exemption to the overtime pay requirement. Agricultural employers will be required to keep permanent records showing the name, address, hours of employment, and wages of each employee and to pay employees for on-duty meal periods.
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