This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is expected to result in an increase in revenue in FYE 05 of approximately $38,400.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
453.03, Stats., and interpreting s.
453.062, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
VE 10.05 and
10.06; to amend ss.
VE 1.02 (intro.),
7.055 (title), (intro.),
(1) and
(2),
7.06 (22),
9.035 (title), (intro.),
(1) and
(2);
9.05 (12), and
10.01; and to repeal and recreate ss.
VE 10.02,
10.03 and
1.04, relating to renewal, conduct and continuing education for veterinarians and veterinary technicians.
Hearing Date, Time and Location
Date: December 1, 2004
Time: 11:30 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, or by e-mail to
pamela.haack@drl.state.wi.us. Written comments must be received by December 13, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutory authority:
Statutes interpreted: s.
453.062, Stats.
Explanation of agency authority
2003 Wisconsin Act 103 created continuing education for veterinarians and veterinary technicians in Wisconsin and granted rule-making authority to the Veterinary Examining Board to require training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine.
Plain language analysis
The board herein sets forth requirements for continuing education applicants attesting to continuing education completion on license renewal applications to the Department of Regulation and Licensing, defines program and course approval standards, program and course content prerequisites, and subject matter acceptability requirements. It limits the circumstances under which a continuing education waiver may be granted, describes the consequences resulting from failure to complete the continuing education requirements on time and what is allowed when the department audits continuing education. For course providers, it explains what is required for courses and programs to be approved, validation, monitoring, certification and recordkeeping requirements.
SECTIONS 2 and 3 amend ss.
VE 7.055 and
7.06 (22) to require continuing education to be completed when a veterinarian applies to renew a credential 5 or more years after it expired, and maintains the provision which states that falsely certifying compliance with the pesticide continuing education requirement constitutes unprofessional conduct.
SECTIONS 4 and 5 amend ss.
VE 9.035 and
9.05 (12) to require continuing education to be completed when a veterinary technician applies to renew a credential 5 or more years after it expired, and maintains the provision which states that falsely certifying compliance with the pesticide continuing education requirement constitutes unprofessional conduct.
SECTION 6 sets forth the statutory authority and purpose of new continuing education and certification requirements for veterinarians and veterinary technicians. The current pesticide continuing education rule is repealed and recreated in SECTION 7.
SECTION 7 describes and limits what the continuing education shall relate to, including provisions allowing 5 of the 30 veterinarian and veterinary technician hours on non-scientific topics, 5 hours from an education provider that is not approved under s.
VE 10.03 (4) for veterinarians and 3 hours for veterinary technicians. Also, this section of the rule defines continuing education hour as 50 minutes of contact time and limits a waiver of the continuing education requirements to certain exceptional circumstances. It further limits application of credits to the preceding 2-year licensure or certification period, exempts applicants from having to report for the period prior to the first expiration date after a license is initially issued or renewed, prohibits practice as a veterinarian or veterinary technician when continuing education is not completed by the renewal date, and requires all veterinarians and veterinary technicians to maintain records of continuing education hours for five years from the date the certification is signed. The board may conduct an audit to check for compliance with specified documentation of completion requirements. In addition, the evidence required to verify completion of continuing education hours is spelled out by delineating the criteria a continuing education program or course must meet to be acceptable, including subject matter pertinent to veterinary medicine or veterinary technology, attendance and course completion validations for the program or course sponsor, modalities and methods of delivery. It lists providers in the rule whose approval of programs will be recognized by the board for the 25 hours that must be approved for veterinarians and the 12 hours for veterinary technicians.
Comparison with adjacent states
Based upon the requirements for renewing a credential in Illinois, Minnesota and Iowa, the continuing education requirements set forth in the proposed rules are consistent with the requirements in those states. Veterinarians and veterinary technicians are not required to complete continuing education hours in Michigan. Note that veterinary technicians are not required to be licensed in Minnesota.
Summary and comparison of existing or proposed federal regulation
None. Establishing continuing education requirements and monitoring for compliance for veterinarians is a regulatory activity undertaken by the individual states.
Factual data and analytical methodologies:
The Veterinary Examining Board examined models of continuing education from other Wisconsin regulatory boards, from the American Association of Veterinary State Boards, and from national and state associations. The board received input from the Department of Regulation and Licensing Office of Education and Examinations and members of the public in public meetings. The board considered availability of courses, availability of department and board resources, and impact on the licensee.
The Veterinary Examining Board defined general content requirements, numbers of hours required to be related to scientific topics, and amount of credit to be granted for activities such as authorship of published works. The board established approved provider requirements, necessary documentation requirements, procedures for verification of continuing education upon renewal, and procedures for maintaining documentation to enable audit of compliance with the requirement. The board retained the statutory requirements for continuing education or certification from persons who use or repackage pesticides for use by others.
The regulatory approach chosen for the rule was to describe the requirements for licensees and course providers in a way that would enable the parties to determine on their own whether a particular type of continuing education would be acceptable. The model does not require particular continuing education courses to be approved by the board in advance. One goal of this approach was to accomplish the implementation of the continuing education requirement and resulting maintenance of currency and prevention of public harm without incurring substantial ongoing regulatory management costs for the program.
Private sector fiscal effect
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708. Phone 608-266-0495.
Final 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.
Fiscal Estimate
The Department of Regulation and Licensing will $500 in costs for staff to print and distribute the rule change.
Copies of this rule are available without cost by making a request to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, telephone number 608-266-0495, e-mail address:
pamela.haack@drl.state.wi.us
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
49.161,
49.195, and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the public assistance overpayment collection and affecting small businesses.
Hearing Information
Monday, November 29, 2004 at 1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at a 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 hearing, 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
Explanation of agency authority
•Section
49.195, Stats., directs the Department to promptly recover
all overpayments of the following: (a) benefits under the former Aid to Families with Dependent Children (AFDC) program; (b) subsidized employment benefits and custodial parent of infant grants under the Wisconsin Works (W-2) program; (c) child care benefits; and (d) W-2 transportation assistance. Section
49.195, Stats., directs the Department to create rules to collect overpayments that have not already been collected under ss.
49.161, Stats., and
49.19 (17), Stats., and to implement administrative warrant and execution and levy procedures as an additional method of collecting overpayments.
• Section
49.161, Stats., requires the Department to collect overpayment of benefits paid to trial job, community service job (CSJ), and transitional placement (W-2T) participants. For current CSJ and W-2T participants, the overpayment is collected by reducing the amount of the individual's monthly benefit payment by no more than 10% if the overpayment was due to client error or agency error. For trial job participants, the value of the benefit liable for recovery may not exceed the amount that the Department paid in wage subsidies to that participant while the participant was ineligible to participate. If a benefit overpayment is the result of an intentional program violation of W-2 employment positions, custodial parent of an infant grants, child care benefits, or transportation assistance, the Department may deduct the following from the monthly W-2 employment position benefit: (a) for overpayments of less than $300, 10% of the amount of the monthly benefit payment; (b) for overpayments of at least $300 but less than $1,000, $75; (c) for overpayments of at least $1,000 but less than $2,500, $100; and (d) for overpayments of $2,500 or more, $200.
•Federal regulations require states to collect any AFDC overpayment.
•Federal policy allows only expenses that benefit the program to be charged against a federal grant. This policy requires overpayments of all types to be recovered because overpayments, whether by fraud or error, do not benefit the program.
•Federal policy directs states to recoup AFDC and Temporary Assistance to Needy Families (TANF) overpayments from current TANF benefits.
•An administrative agency generally possesses a common law right to recover erroneous payments of public funds.
See Kenosha County Department of Social Services v. Kenosha National Bank, 95 Wis.2d 275,
290 N.W.2d 693 (1980). An agency may sue to exercise its common law right of recovery or it may administratively reclaim the funds pursuant to a statute or rule. The case
Mack v. Wisconsin Department of Health and Family Services,
231 Wis. 2d 644,
605 N.W.2d 651 (Ct. App. 1999) stands for the proposition that an agency may administratively recoup a benefit overpayment from current benefits based on a properly promulgated administrative rule even if a statute does not specifically provide for recoupment. Based on this authority, the Department proposes to extend the right to recoup overpayments of child care benefits, AFDC, custodial parent of an infant grants, and transportation assistance from current W-2 payments in cases of client error and administrative error, in addition to cases of intentional program violation.
Summary of proposed rule. A county, tribal governing body, W-2 agency, or the Department shall determine whether a public assistance overpayment has been made and if so, the amount of the overpayment. The county, tribal governing body, W-2 agency, or Department shall send notice of the overpayment at the address of a liable person as it appears on the records of the Department. Documentation that a county, tribal governing body, W-2 agency, or the Department properly mailed the notice to the address of the person as it appears on the records of the Department and it was not returned as undeliverable shall be prima facie evidence that notice was delivered and received. The Department shall give the person an opportunity for review following the fact-finding and hearing procedure if the person received the overpayment under the W-2 program or for a hearing under ch.
227, Stats., if the person received an overpayment under the child care or AFDC programs.
Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives W-2, child care, or AFDC benefits during the period that he or she is a member of the same household, but his or her liability is limited to such period. Liability for repayment of the overpayment shall be joint and several.
The Department currently has authority to recoup overpayments of benefits paid based on participation in a W-2 CSJ or W-2T employment position from a monthly benefit of a current participant, regardless of the reason for the overpayment. In cases of intentional program violation, the Department may also recoup overpayments of custodial parent of an infant grants, child care benefits, or transportation assistance from a monthly W-2 grant. The proposed rule extends the Department's authority to allow recoupment of overpayments of AFDC, custodial parent of an infant grant, child care benefits, and transportation assistance from a current W-2 benefit, regardless of the reason for the overpayment.
A debt shall be considered delinquent if the Department does not receive a debtor's payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution, levy, and tax intercept. A delinquent debt retains delinquent status regardless of any future payment on the debt.
If a debt for repayment of an overpayment is delinquent and no appeal rights are pending, Section
49.195 (3m), Stats., authorizes the Department to issue a warrant that is considered in all respects a final judgment constituting a perfected lien upon the person's right, title, and interest in all real and personal property located in the county in which the warrant is entered. The Department shall provide the debtor with notice and an opportunity for a hearing under ch.
227, Stats, when a warrant has been issued, before property is seized, and before seized property is sold. The debtor may request a hearing under ch.
227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the Department is proceeding against and mistaken identity of the debtor. The Department shall not withdraw the warrant based on a hearing request when a warrant is issued or cease enforcement before property is seized based on a hearing request. If a hearing is requested after property is seized, the seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn. When the amount set forth in the warrant and all costs due the Department have been paid, the Department shall issue a satisfaction of the warrant. Statutory exemption rights in ss.
815.18 (3) and
815.20, Stats., apply to this administrative warrant and execution procedure.
If a debt for repayment of an overpayment is delinquent and no appeal rights are pending, Section
49.195 (3n), Stats., authorizes the Department to levy on personal property belonging to the debtor, including wages due and deposits in a financial institution account. The Department shall first send a notice of intent to levy at least 10 days prior to the levy, personally or be any type of mail service that requires a signature of acceptance. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy. Next, the Department shall serve the levy upon the debtor and 3
rd party in possession of property to which the debtor has rights. The debtor may appeal the levy proceeding under ch.
227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.
Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the Department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. The 3rd party shall, upon demand of the Department, surrender the personal property or rights or discharge the obligation to the Department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
If levied personal property that has been surrendered to the Department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the Department shall provide the debtor with notice and an opportunity for a hearing under ch.
227, Stats., before surrendered property is sold. The debtor may request a hearing under ch.
227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the Department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.
The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75% of the debtor's disposable earnings then due and owing or a amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period and the first $1,000 of an account in a depository institution.
Any appeal based on a notice received in a warrant and execution or levy proceeding or a notice of intent to certify a debt for set-off against a state tax refund shall be limited to questions of prior payment of the debt that the Department is proceeding against and mistaken identity of the debtor. The minimum amount that must be due before warrant and execution and levy procedures may be commenced is $300. The Department may waive recovery of an overpayment if the Department has made reasonable efforts to recover the overpayment from the debtor and determines it is no longer cost effective to continue overpayment recovery efforts.
The notice and hearing requirements in the warrant and execution and levy sections were designed to comply with s.
49.195 (3s), Stats., which requires a hearing or review (1) after a warrant has been issued and before the warrant has been executed; (2) before property is levied under both the warrant and execution and levy procedures; and (3) after levied property is seized and before it is sold. In addition, Section
49.195 (3), Stats., directs that the Department's collection rules include notification procedures similar to those established for child support collections. According to the Legislative Fiscal Bureau summary for
1999 Wisconsin Act 9 (page 1540), this provision means that notification is required at the following points in the collection process: (a) when the Department first determines that an overpayment has been made; (b) after the Department has issued a warrant that acts as a lien upon the person's right, title and interest in all real and personal property located in the county in which the warrant is entered; (c) after issuing an execution of a warrant or enforcing a levy upon a financial account or other personal property; (d) prior to levy upon real property; and (e) prior to issuing an execution to sell the property.
