17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
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 Sections Ins 17.01 (3) and 17.28 (6), Wis. Adm. Code, relating to annual injured patients and families compensation fund fees for fiscal year beginning July 1, 2005.
Hearing Information
Date:   Thursday, May 19, 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 day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Alice M. Shuman-Johnson
Legal Unit - OCI Rule Comment for Rule Ins 17285 PCF fee rule
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Summary of Proposed Rule & Fiscal Estimate
For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes and the fiscal estimate are attached to this Notice of Hearing.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted: s. 655.27 (3), Stats.
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61, Stats.
Explanation of the OCI's authority to promulgate the proposed rule under these statutes: The commissioner of insurance, with the approval of the board of governors (board) of the injured patients and families compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund.
Related Statutes or rules: None.
The plain language analysis and summary of the proposed rule: This rule establishes the fees which participating health care providers must pay to the fund for the fiscal year beginning July 1, 2005. These fees represent a 30 % decrease compared with fees paid for the 2004-05 fiscal year. The board approved these fees at its meeting on February 23, 2005, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $34.00 for physicians and $2.00 per occupied bed for hospitals, representing an decrease from 2004-05 fiscal year mediation panel fees.
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: To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
Comparison of similar rules in adjacent states as found by OCI: To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
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: None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes—no new regulatory approach is involved.
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: None. Fund fees are being decreased in this rule.
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: This rule change will have no significant effect on the private sector.
A description of the Effect on Small Business: This rule will have little or 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 day after the date for the hearing stated in the Notice of Hearing.
Mailing address
Alice M. Shuman-Johnson
Legal Unit - OCI Rule Comment for Rule Ins 17285 PCF fee rule
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Alice M. Shuman-Johnson
Legal Unit - OCI Rule Comment for Rule Ins 17285 PCF fee rule
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
OCI Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address Eileen.Mallow@oci.state.wi.us
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at: Inger.Williams@OCI.State.WI.US, (608) 264-8110, 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.024 (5), 29.885 (2), 29.889 (2), 169.02, 169.15 (5), 169.19 (6), 169.25 (6) and 227.11, Stats., interpreting ss. 29.014, 29.024 (5), 29.885 (2), 29.889 (2), 169.02, 169.15 (5), 169.19 (6), 169.20 (4) and 169.25 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 10, 12, 16, 17 and 19, Wis. Adm. Code, relating to permitting and applications, hunting, trapping, captive wildlife, agricultural damage and nuisance wildlife. These rule changes are minor in nature and non-controversial. The Department is proposing changes that clarify current rules, update definitions, increase management efficiency and alter limitations on hunters. This rule:
Clarifies that cylinder loading black powder handguns may be used for hunting species other than deer or bear
Clarifies that doves are included under the definition of migratory game birds
Clarifies that a waterfowl blind also must be partially concealed when waterfowl hunting
Creates a definition for rifle
Clarifies that hen pheasants held under ch. 29 or 169, Stats., authority are not considered protected
Clarifies that those unprotected species identified in ch. 169, Stats., may be taken live from the wild
Codifies the department position that pigeons are not considered wild animals
Clarifies that air guns may not be used for deer or bear hunting
Updates references to the submission of special permit applications necessary due to modified hours of operation for service centers
Codifies the issuance of special permits for those who incorrectly tag a deer
Clarifies that a structure, for the purposes of dry land body gripping type traps, is a single unit or structure
Updates rule language pertaining to use of cable restraints
Clarifies rules pertaining to turkey tagging and tag validation
Clarifies wildlife damage program regulations
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. The Department's Small Business Regulatory Coordinator may be reached at SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
May 17, 2005   Room 511, GEF #2
Tuesday   101 South Webster Street, Madison
  at 1:00 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information 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.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 20, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.
Notice of Hearing
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