The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with Ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
A small business located in or involved with an alteration to or involved with a change of occupancy in a qualified historic building or existing building may be affected by these rules. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Ch.
Comm 70 in lieu of strict compliance with Chs.
Comm 61 to
65,
Wisconsin Commercial Building Code (WCBC). The primary reason for the rule change is to modify existing terminology for consistency with the
International Building Code
® (IBC), and to include specific safety requirements for certain qualified historic buildings or existing buildings that include a change to a Group A–assembly occupancy, Group R-1–transient-type residential occupancy or Group R-2–permanent-type residential occupancy. The impact on small businesses should be minimal.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing Chs.
Comm 62 and
70 as they relate to historic buildings and existing buildings. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing Chs.
Comm 62 and
70. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
218.04 (7) (d) and
227.11 (2), Stats., and interpreting ss.
404.401 (1),
403.401 and
403.402, Stats., and s. DFI—Bkg 74.14 (11), Admin. Code, the Department of Financial Institutions, Division of Banking will hold a public hearing at Department of Financial Institutions, 345 W. Washington Avenue, 5
th Floor in the city of Madison, Wisconsin, on the
27th day of May, 2004, at 3:00 p.m. to consider the creation of a rule relating to authorization to collect a returned check fee.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Explanation of agency authority: Pursuant to ss.
218.04, and
220.02 (3) and
(4), Stats., the division regulates collection agencies.
Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.14 (16) and (17). The purpose of the rule is to prohibit as oppressive and deceptive practices the collection of returned check fees through an Automated Clearing House Network transaction or paper draft without proper authorization from the customer. The rule provides that, upon request by the division, the licensee shall provide documentation that it has the customer's authorization, and incorporates certain National Automated Clearing House Association standards.
Summary of and preliminary comparison with existing or proposed federal regulation: Federal regulations do not prohibit the authorizations proposed.
Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.
Summary of factual data and analytical methodologies: The proposed rule is in response to a court determination that the department may set forth the requirements of proposed s. DFI—Bkg 74.14 (16) but must do so through the rules promulgation process. Because a licensee using the Automated Clearing House Network agrees to comply with the standards of the National Automated Clearing House Association by virtue of its participation in the network, the rule codifies an existing practice. Although there is statutory authority for s. DFI—Bkg 74.14 (17), because the court invalidated a policy letter containing both these requirements, the department formalizes the paper draft requirements in proposed s. DFI—Bkg 74.14 (17).
Analysis and supporting documentation used to determine effect on small business: Because the rule codifies existing practices and statutory requirements of which licensees should already be in compliance, the rule will not have an effect on small business.
Agency contact persons: For substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. For the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
457.03 (1), Stats., as amended by
2001 Wisconsin Act 80, and interpreting s.
457.02 (5m), Stats., as created by
2001 Wisconsin Act 80, the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 1.09; and to create s.
MPSW 1.09 (1) (b) to
(d) and
(2) to
(5), relating to alcohol and drug counseling.
Hearing Date, Time and Location
Date: June 9, 2004
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 June 9, 2004, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board may practice and use the title “alcohol and drug counselor" or “chemical dependency counselor" if they are certified as an alcohol and drug counselor or a chemical dependency counselor through a process recognized by the Department of Health and Family Services. A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board who treats alcohol or substance dependency or abuse in a certified clinic under ch.
HFS 75 must hold a credential issued by the Wisconsin Certification Board.
In order to treat persons with a DSM diagnosis of substance dependence, to treat the substance dependence issues of a person with a dual diagnosis, to advertise themselves as an AODA specialist, or be identified in an employed position as an AODA specialist, a marriage and family therapist, professional counselor or social worker who is not credentialed by the Wisconsin Certification Board and who is working outside of a chapter HFS 75 clinic must satisfy the qualifications in s.
MPSW 1.09 (2). A credential holder may refer and continue to work with that client until the referral is completed. The credential holder may work with the non-AODA issues of the client that is being referred and may treat the client who is in recovery, following treatment for substance dependence.
The credential holder must show evidence of the qualifications that are authorized by the board to treat alcohol, substance dependence or abuse as a specialty.
The credential holder must satisfy all of the requirements that are administered by the Department of Health and Family Services or a designee pursuant to the interagency agreement reached with the Department of Regulation and Licensing upon verification of these requirements by the credential holder. The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board notifies the credential holder and a record is kept at the Department of Regulation and Licensing that the credential holder has authority to treat alcohol or substance dependence or abuse as a specialty.
A list is provided of the categories of individuals that are qualified to provide face-to-face supervision, and authorizes practice under supervision by marriage and family therapists, professional counselors and social workers while obtaining the necessary experience.
Persons who treat alcohol, substance dependency or abuse as a specialty are required to obtain at least 10 continuing education hours in alcohol, substance dependency or abuse education during each biennial credentialing period. Up to 18 hours may be used against the required biennial continuing education for credential renewal.
Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
Experience: Three (3) years of full-time supervised experience or 6,000 hours of supervised experience as an alcoholism and/or drug abuse counselor.
Supervision: The supervision must be provided by a licensed or certified practitioner.
Education: Two-hundred seventy (270) contact hours of education and training in alcoholism, and/or drug abuse or related training. These hours can be in the form of formal education, in-service training, and professional development courses.
Continuing education: Requirement is at least 40-60 hours of continuing education units (CEU) during each two year period.
Testing: A passing score on a national test is a requirement. The test establishes a national standard that must be met to practice.
A comparison of similar rules in adjacent states.
Minnesota – Experience: Eight-hundred eighty (880) clock hours of supervised alcohol and drug counseling practicum. Education: An associate degree, or an equivalent number of credit hours, and a certificate in alcohol and drug counseling, including 18 semester credits or 270 clock hours of academic course work from an accredited school or educational program. Continuing education: N/A. Testing: Complete a written case presentation and satisfactorily pass an oral and written examination by the commissioner.
Iowa, Illinois and Michigan: A search produced no certification requirements.
The rule will require the department to develop a certification form and mail the form to qualified credential holders. The rule will require the department to keep a record of certifications.
This rule will have $4,346 impact on the department's operations.
Printing and distributing the rule changes will cost $500. Developing the certification form will take 15 hours of Program Manager time at $36 per hour including fringe, and 15 hours of Program Assistant time at $17 per hour including fringe, for total program staff time of $795.
Mailing each form will cost $.50, so if the department mails 500 forms the cost will be $250.
Changes to IT systems to record and track the certifications will cost 80 hours of programmer time at $35 per hour including fringe, for a total IT cost of $2,800.
Private Sector Fiscal Impact
The department has determined that this rule has no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed 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
Public Defender
NOTICE IS HEREBY GIVEN that pursuant to s.
977.02 (4m) Stats., and interpreting s.
977.075 (1) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2
nd Floor, in the city of Madison, Wisconsin, on the
7th day of June 2004, from 1:00 p.m. to 3:00 p.m. to consider the amendment of a rules, ss.
PD 6.01,
6.02 (1),
6.025 (2) (a), related to the repayment of cost of legal representation. Reasonable accommodations will be made at the hearing for persons with disabilities.
Summary and Analysis by Agency
Prepared by: Kellie M. Krake and Arlene Banoul
Proposed Action:
• PD 6.01: increasing the fees for repayment and prepayment of legal representation by 20%
• PD 6.02 (1): specifying petitions for supervised release and discharge under Ch.
980 as commitment case types
• PD 6.025 (2) (a): deleting a finding of partial indigency as a method for determining ability to pay
Wis. Stat. sec. 977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation, including reimbursement and prepayment options. PD 6.01 and PD 6.02 (1) establish a payment schedule based on the type of case. Petition for supervised release and petition for discharge from commitment under the sexual predator law were not specifically listed in this schedule although these types of cases have been included under “commitment" since the law was enacted. Partial indigency determination had been used as a criterion for determination of ability to pay has been replaced by the collection statute.
In January 2002, the state public defender board authorized a statewide pilot program increasing reimbursement and prepayment amounts by 20% to continue until sufficient results were available to determine the fiscal effect. The chart below summarizes the revenue increase:
Fiscal Estimate
The fiscal effect of this pilot project has been to increase collections revenues by $302,000 biennially.
We do not anticipate the proposed rule change clarifying petitions for supervised release and discharge under Ch.
980 as commitment case types under the current payment schedule to have a fiscal impact because this proposed rule change reflects current practice.
We do not anticipate the proposed rule change deleting partial indigency as a method for determining ability to pay because this proposed rule change reflects current practice.
Initial Regulatory Flexibility Analysis:
The proposed amendment would not have a regulatory effect on small businesses.
Contact Person
For copies of the proposed amendment to the rules, or if you have questions, please contact Kellie M. Krake, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 267-0299.
