Location: 1400 East Washington Avenue
Room 294B
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 Legal Counsel, Room 171, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 22, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: Currently, s.
DI 2.04 (1) (c) requires that a candidate for licensure apply to take the American Dietetic Association examination at least 120 days prior to the examination being offered. Similarly, s.
DI 3.01 (1) requires applicants to file their applications for licensure at least 120 days prior to the next examination being offered by the American Dietetic Association. Because the American Dietetic Association's examination is now computer assisted, candidates may schedule those examinations at their convenience, thereby eliminating the necessity to schedule at least 120 days in advance. Eliminating the 120 day advance filing requirement will therefore provide greater flexibility to those candidates applying for licensure and simplify the credentialing process.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: In this proposed rule-making order the Dietitians Affiliated Credentialing Board is amending language relating to filing applications for examinations and temporary certificates. Since the American Dietetic Association's pre-licensing procedures are now computer assisted, an applicant may now schedule the examination at his or her convenience. Therefore, there is no reason to require the 120 day wait.
SECTION 1 amends the examination provisions to allow applicants to obtain a temporary certificate and submit application to take the examination as soon as possible, without a 120 day wait.
SECTION 2 amends the application submission process allowing the applicant to take the examination as soon as possible, without a 120 day wait.
Summary of, and comparison with, existing or proposed federal regulation
There is no existing federal regulation.
Comparison with rules in adjacent states
A search of rules adopted in Michigan, Minnesota, Iowa, Illinois and Indiana indicates that none of these states have time requirements for submission of applications. There are no federal regulations concerned with time requirements for submission of applications for dietitian credentials in the states.
Summary of factual data and analytical methodologies: The board is responding to communication from the Commission on Dietetic Registration indicating that the 120 day period is no longer needed to prepare for candidates to take the examination. The rule change is a response to this improvement in their processes.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rules will have no impact on the department's funds.
Effect on small business: Pursuant to s.
227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at
chris.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708. Telephone: (608) 266-0495. Email address:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack at the addresses listed above. Comments must be received on or before April 22, 2005, to be included in the record of rule-making proceedings.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 3.09 (19), Wis. Adm. Code, relating to mortgage guaranty insurance.
Hearing Information
Date: Monday, April 18, 2005
Time: 10:00 a.m., or as soon thereafter as the matter may be reached.
Place: OCI, Room 223
125 South Webster St 2nd Floor
Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Sections
600.01,
601.42,
611.19 (1),
611.24,
618.21,
623.02,
623.03,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617 Stats.
Statutory authority
Sections
601.41 (3),
601.42,
611.19 (1),
618.21,
623.02,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617, Stats.
Explanation of the OCI's authority to promulgate the proposed rule under these statutes:
The proposed rule modifies the current restriction on issuance of mortgage guaranty insurance to or for the benefit of affiliates, and is authorized as governing an unfair trade practice under s.
628.34 (12), Wis. Stats., and as addressing financial risk to the insurer governed by statutes allowing the commissioner to establish standards and reporting requirements, including ss. under 601.42, 611.19 (1), 618.21, 623.02, 623.04, 623.11, 627.05, and for affiliate transactions under ch.
617, Stats.
Related Statutes or rules
None
The plain language analysis and summary of the proposed rule
Under current rules a mortgage guaranty insurer may not directly or indirectly issue coverage for mortgages originated by an affiliate, unless the insurer is no more than 50% owned or controlled by the affiliate. The proposed rule would permit the insurer to issue coverage for mortgages originated by the affiliate but only subject to the same underwriting standards as are applied to non-affiliates. The proposed rule requires the insurer to annually file an officer's certification of compliance.
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
None
Comparison of similar rules in adjacent states as found by OCI
Iowa: None
Illinois: Section 50 ILAC 202.60 (e) of Illinois insurance regulations prohibits a mortgage insurer from covering loans originated by a lender if the lender or its affiliate owns an equity interest in the mortgage insurer.
Minnesota: None
Michigan: None
A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule
The proposed rule is based on the experience of the Office regulating and examining mortgage guaranty insurers, and the expertise of the financial analysts and examiners responsible for their regulation, including the application of the existing exception in s.
Ins 3.09 (19) (c), Wis. Adm. Code.
Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s.
227.114:
The Office reviewed the annual financial reports of licensed mortgage guaranty insurers. There are no such insurers that are small businesses.
If these changes may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by private sector in complying with the rule:
There is no significant fiscal effect on the private sector. The proposed rule will establish an exception from an existing prohibition. The limited reporting requirement included will not impose any significant cost beyond the existing reporting requirements.
A description of the Effect on Small Business:
This rule will have no effect on small businesses.
Agency contact person:
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at:
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor
Madison WI 53702
Mail: PO Box 7873, Madison WI 53707-7873
Place where comments are to be submitted and deadline for submission
The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in the Notice of Hearing.
Mailing address:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Fred Nepple
