Sec. 1. The fee for a two (2) year application for registration or renewal of registration is seven hundred dollars ($700). (Office of Attorney General for the State; 10 IAC 4-3-1; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2208)
Rule 6. Agency Contract Notice Provision
10 IAC 4-6-1 Format for notice on agency contract
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2-2-8
Sec. 1. For the purposes of IC 25-5.2-2-8, the notice required in IC 25-5.2-2-8(c) shall be considered adequate if the notice is in 14-point boldface type in capital letters within two (2) inches of the signature of the student athlete on the same page as the signature of the student athlete. (Office of Attorney General for the State; 10 IAC 4-6-1; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2209)
Iowa: [Not based on the Uniform Athlete Agents Act (UAAA)]
ATHLETE AGENT REGISTRATION (IAC 721 Chap 42)
721—42.1(9A,17A) Fees. The fee for the initial application for certificate of registration as an athlete agent is $300. The fee for a renewal application for certificate of registration is $150.
721—42.2(9A,17A) Surety bond. An athlete agent shall have on file with the secretary of state, before the issuance or renewal of a certificate of registration, a surety bond executed by a surety company authorized to do business in this state, in the sum of $25,000. The bond shall be executed on the form prescribed by the secretary of state. The prescribed bond form may be obtained by writing to the Secretary of State, Hoover State Office Building, Des Moines, Iowa 50319, or by calling (515)242-5071.
721—42.3(9A,17A) Agent contract. An agent contract to be entered into by a registered athlete agent and a student athlete who has not previously signed a contract of employment with a professional sports team shall be on a form approved by the secretary of state. If the form of the contract is in compliance with any players association form contract, the contract shall be approved by the secretary of state. Forms may be submitted to the secretary of state for approval by forwarding the forms to: Secretary of State, Athlete Agent Registration, Hoover State Office Building, Des Moines, Iowa 50319.
721—42.4(9A,17A) General information. Further information pertaining to the Registration of Athlete Agents Act and all application forms may be obtained by contacting the Secretary of State, Corporations Division, Hoover State Office Building, Des Moines, Iowa 50319, (515)242-5071 during regular office hours, 8 a.m. to 4:30 p.m. Monday through Friday except legal holidays. These rules are intended to implement Iowa Code chapter 9A. [Filed emergency 7/8/88—published 7/27/88, effective 7/8/88]
In this proposed rule-making order the Department of Regulation and Licensing creates rules relating to the licensure of athlete agents. These rules are as a result of
2003 Wisconsin Act 150 which enacted the Uniform Athlete Agents Act. Chapters
RL 150 to
154 establish requirements and standards for registration and the practice of registered athlete agents. The rules specify the registration requirements for temporary and permanent registration, renewal requirements, and prohibited conduct for athlete agents.
SECTION 1 creates Chapter
RL 150 which sets forth the statutory authority and the definitions for the proposed rules.
SECTION 2 creates Chapter
RL 151 which sets forth the application process and requirements for an initial certificate of registration, including the application process for a temporary certificate of registration.
SECTION 3
creates Chapter
RL 152 which sets forth the application process and requirements for renewal of a certificate of registration.
SECTION 4 creates Chapter
RL 153 which outlines the standards of practice which apply to a credential holder.
SECTION 5
creates Chapter
RL 154 which defines unprofessional conduct.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
In addition,
2003 Wisconsin Act 150 charged the department to calculate initial credentialing costs to calculate initial fees for licensure as an athlete agent. The initial fee shall be $312. The calculation of costs for initial credentialing and revenue needed, assuming 100 agents are initially credentialed, appears on the attached page.
Private Sector Fiscal Effect
The department has determined that this rule has no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant 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 Proposed Rule
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
458.24, Stats., and interpreting ss.
458.24 and
458.26 (3) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice,
November 1, 2004, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Department of Regulation and Licensing proposes to repeal and recreate ch.
RL 87, Appendix
I, which incorporates by reference the 2004 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
SECTION 1. The department proposes to repeal ch.
RL 87, Appendix
I, which incorporates by reference the 2004 edition of the USPAP and recreate it to incorporate by reference the 2005 edition of the USPAP.
As required under s.
227.21, Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2005 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Ch. RL 87, Appendix I is repealed and recreated to read:
APPENDIX I
UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
The 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2005 edition of USPAP is effective January 1, 2005 to December 31, 2005.
After January 1, 2005, copies of the 2005 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, and (202) 347-7722. After January 1, 2005, copies of the 2005 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at
http://www.appraisalfoundation.org.
Note: As required under s.
227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2005 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2005, copies of the 2005 edition of the USPAP will be on file in the offices of the department, the secretary of state and the revisor of statutes.
Federal Regulations
The Federal Reform, Recovery, and Enforcement Act (“FIRREA"),
12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a state certified or licensed appraiser for appraisals conducted in connection with “federally related transactions."
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions.
21 USC 3333; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers.
Under FIRREA, real estate appraisals performed in connection with federally related transactions are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation.
21 USC 3339; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.
The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP) and are available on the Appraisal Foundation's website at:
http://www.appraisalfoundation.org.
States Regulations
Under FIRREA, all states, including Illinois, Iowa, Michigan and Minnesota , must assure that certified appraisers comply with the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board. In Wisconsin, USPAP has been incorporated by reference in Appendix I to ch.
RL 87, Code. See also, s.
458.24, Stats.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant 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 53708-8935, (608) 266-0495.
Notice of Proposed Rule
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
194.09, and
227.11, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule repealing ch.
Trans 302 without public hearing unless, within 30 days after publication of this notice, on
November 1, 2004, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s.
194.09, Stats.
Statutes Interpreted: s.
194.09, Stats.
Plain Language Analysis: Wisconsin statutes require in s.194.09 that each motor vehicle operating in Wisconsin as a common motor carrier, as a contract carrier or as a private motor carrier, be clearly marked to identify that the motor carrier meets the regulations identified in ch.
194. Chapter
194 sets standards for motor carriers to ensure safe, competitive and efficient transportation services and includes regulations for licensing, permitting, certifications, inspections, penalties for violations of traffic laws, restrictions, appeal processes, insurance and taxation.
For the purposes of both statutory authority and administrative rule authority, the types of motor carriers are defined in ch.
194 as follows:
1. “Common motor carrier" means any person who can be hired to operate a motor carrier for the transport of persons and property. The focus of common carriers is to transport people over regular routes or routes with fixed endpoints. The transportation of property in conjunction with the transport of passengers is a secondary activity.
2. “Contract motor carrier" means any person who can be hired to operate a motor carrier to transport property over a regular or irregular route.
3. “Private motor carrier" means a person who operates her/his own motor carrier to transport property over a regular or irregular route.
Ch.
Trans 302, Vehicle Marking, under the authority of Chapter
194, provides out-dated regulations for marking intrastate motor carriers operating in Wisconsin, including for-hire motor carriers and private vehicles having a gross vehicle weight of more than 12,000 pounds. However, regulations for operating motor carriers are found also in two other DOT administrative rules, Trans 325, Motor Carrier Safety Regulations
for intrastate motor carriers, and Trans 327, Motor Carrier Safety for interstate motor carriers. Trans 325 and Trans 327 have adopted federal regulations identified in Title
49 CFR Part 390.21 for marking commercial motor carriers. The adoption of these marking regulations by Trans 325 and Trans 327 makes Trans 302 inconsistent with
49 CFR Part 390.21 and thus confusing for the motor carrier industry.
To eliminate outdated information and information inconsistent with adopted federal guidelines, the DOT proposes that ch. Trans 302 be repealed.
Text of Rule
SECTION 1. Chapter Trans 302 is repealed.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal motor carrier regulation
49 CFR Part 390.21 requires motor carriers to be marked to display:
1. The legal name or single trade name of the self-propelled motor carrier as listed on the motor carrier identification report (From MCS-150) and submitted in accordance with federal regulations.
2. The USDOT motor carrier identification number.
3. The name of the operator of the motor carrier if different from the motor carrier owner by using the term “operated by".
4. The ICCMC number where applicable.
5. Required identification in the prescribed format, color, and lettering size.
6. Required identification prescribed for rented motor vehicles.
Chapter
Trans 302 requires intrastate motor carriers to be marked to display:
1. The legal name of the carrier.
2. The city and state of the motor carrier's headquarters.
3. Any applicable federal transportation authority number.
4. The empty weight of the power unit.
5. Identification in the prescribed format, color, and lettering size.
6. In accordance with
43 CFR Part 390.21 as an alternative to meeting the regulations identified in Trans 302.
