Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 594, 6/14/2005

Rule-making notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 05-044]
(Reprinted and corrected from 5/31/05, Wis. Adm. Register)

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) issues dairy and food licenses. DATCP announces that it will hold a public hearing on a rule related to dairy and food license fees under chs. ATCP 59, 60, 70, 71, 75, 77, 80, 81, 82, and 85, Wis. Adm. Codes.

DATCP will hold public hearings on June 14, June 15, June 16 and one by videoconference on June 17, 2005, at the places shown below. DATCP invites the public to attend the hearing at these locations and comment on the proposed rule. Following the public hearing date, the hearing record will remain open until Ju1y 1, 2005, for additional written comments. Comments may be sent by e-mail to: [e-mail]

This proposed rule is posted at on the Wisconsin Legislative Council web site at http://www.legis.state.wi.us/lc/adm_rules.htm. You may also obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone] or e-mail [e-mail]. Copies will also be available at the public hearing.

Wisconsin Department Agriculture, Trade, and Consumer Protection's small business regulatory coordinator is Keeley Moll. She can be contacted at the following address: Keeley Moll, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone], e-mail [e-mail]

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Friday, June 3, 2005 by writing to Debbie Mazanec, P.O. Box 8911, Madison WI 53708-8911, telephone [phone], e-mail:
[e-mail] or by telephoning the message relay system (TTY) at [phone] to forward your call to the department at [phone]. Handicap access is available at all locations for the hearings.

Four hearings are scheduled at the following Dates, Times and Locations:

Tuesday June 14, 2005

11:00 a.m. to 1:00 p.m.

Eau Claire

Eau Claire Division of Food Safety Area Office

Conference Room

3610 Oakwood Hills Parkway

Eau Claire, WI 54701

Wednesday June 15, 2005

11:00 a.m. to 1:00 p.m.

Appleton

Fox Valley Technical College

Room B126

1825 N. Bluemound Drive

Appleton, WI 54912

Thursday June 16, 2005

11:00 a.m. to 1:00 p.m.

Waukesha

Waukesha State Office Building

Department of Transportation Offices

Room 247

141 NW Barstow St.

Waukesha, WI 53188

Video Conference Hearing

June 17, 2005

11:00 a.m. 1:00 p.m.

At the following sites:

Main Broadcast Center

Madison

UW Pyle Center

Room 227

702 Langdon Street

Madison, WI 53706

Green Bay

Green Bay State Office Building

Room 618

200 N. Jefferson St.

Green Bay, WI 54301

Monroe

Monroe High School

Distance Learning Lab - B01

Use Gymnasium Entrance

1600 26th St

Monroe, WI 53566

La Crosse

La Crosse State Office Building

Dept of Transportation

Room B29

3550 Mormon Coulee Rd.

La Crosse, WI 54601

Wausau

UW Marathon County -Wausau

Distance Education & Instructional Technology

Room 218

518 South 7th Avenue

Wausau, WI 54401

Background Summary

This rule increases current license and reinspection fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water-testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders. This rule increases fees beginning in 2006.

This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)

The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin's dairy and food safety program. The program is funded, in part, by dairy and food license fees. This rule modifies current license fees. It also provides a mechanism and criteria for future license fee adjustments.

Rulemaking Authority

Statutory authority: 93.07 (1), 93.09 (10), 93.12 (7), 97.17 (4), 97.175 (2), 97.20 (2c) (b), (2g) (b), (2n) (b), (2w) and (4), 97.21 (4m) and (6), 97.22 (2) (b), (4) (am) and (8), 97.27 (3m) and (5), 97.29 (3) (am), (cm) and (5), 97.30 (3m) and (5), and 98.146 (4), Stats.

Statutes interpreted: 93.09, 93.12, 97.17, 97.175, 97.20, 97.21, 97.22, 97.27, 97.29, 97.30 and 98.146 (4), Stats.

Rule Content

General

This rule increases current license and reinspection fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders. This rule increases fees beginning in 2006.

This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.

Initial Fee Increase

DATCP currently licenses certain businesses that produce, process or handle dairy or food products. These businesses must pay license fees and comply with food safety and labeling laws administered by DATCP. License fees pay for part of DATCP's food safety and labeling program. DATCP may adjust most license fees by rule. This rule increases current license and reinspection fees as follows:

Entity   Current Fee(s)   Proposed Fee(s)

Dairy Farm   $20 annual license fee   $24

  (paid by dairy plant operator)

  $20 or $40 reinspection fee   $24 or $48

  (paid by dairy plant operator

  if reinspection is required)

Dairy Plant   Annual license fee (calculations include an increase in the basic license fee from $80 to $96):

  $580 or $730 for grade A   $699 or $879

  processing plant (based on size)  

  $330 for grade A receiving station   $397

  $80 for grade A transfer station   $96

  $80 to $350 for grade B

  processing plant   $96 or $421

  (based on size)

  $80 for grade B receiving station   $96

  or transfer station

  Grade A milk procurement fee:

  0.6 cent per 100 lbs. 0.96 cent per 100 lbs.

  Grade B milk procurement fee

  0.2 cent per 100 lbs.   No change

  Reinspection fee:

  $165 or $200 for grade A   $203 or $246

  processing plant

  $180 for grade B processing plant   $221

  $100 for grade A receiving station   $123

  $60 for grade A transfer state   $ 74

  $40 for grade B receiving station,   $48

  or transfer station

  Butter and cheese grading fee:

  1.09 cents per 100 lbs. of product   No change

Food Processing

Plant   $60-$525 annual license fee   $78 - $685

  (based on size and type)

  $200 surcharge for canning   $261

  $40-$350 reinspection fee   $49 - $431

  (based on size and type)

Food Warehouse $50-$200 annual license fee   $65-261

  (based on size and type)

  $75-$200 reinspection fee   $92 - $246

  (based on size and type)

Milk Distributor $50 annual license fee   $60

  per facility

  $20 reinspection fee   $25

  per facility

Retail Food

Store   $30-$450 annual license fee   $39-587

  (based on size and type)

  $60-$300 reinspection fee   $74 - $369

  (based on size and type)

Dairy, Food or

Water Testing

Lab   $336 annual lab certification fee   No change

  for each dairy or food test (other

  than milk drug residue screening)

  $276 annual lab certification fee for   No change

  each water test

  $25 annual certification fee for each   No change

  dairy or food analyst (other than milk

  drug residue screening analyst)

  $50-$500 initial fee and $25-$50   No change

  annual renewal fee for lab

  performing milk drug residue

  screening

  $25 initial evaluation fee for milk drug   No change

  residue screening analysts

  (if more than 3 per lab)

Milk Hauler   $30 annual milk hauler license fee   $36

  $30 milk hauler reinspection fee   $36

  $40 milk weigher and sampler license   $48

  fee (2-year license)

  $40 milk weigher and sampler   $48

  reinspection fee

Buttermaker or

Cheesemaker $50 license fee (2-year license)   $60

  $25 Buttermaker or Cheesemaker   $30

  reinspection fee

Butter or Cheese

Grader   $50 license fee (2-year license)   $60

Annual Fee Adjustment

This rule provides for annual adjustment of the above fees (up or down), based on the prevailing cash balance in Wisconsin's food safety program revenue account on June 30 of each year. Fees are subject to the following adjustments (adjustments take effect on September 1 of each year):

• If the program revenue account balance on June 30 is less than $400,000, DATCP may increase the fees by the percent necessary to increase the account balance by an amount equal to the difference between $500,000 and the account balance. Before increasing any fee, DATCP must consult with an advisory council of food and dairy processors. The fee increase, if any, must be approved by the DATCP Board and published in the Wisconsin administrative register.

• If the program revenue account balance on June 30 is greater than $600,000, DATCP must reduce the fees by the percent necessary to reduce the account balance by an amount equal to the difference between $500,000 and the account balance.

• If the program revenue account balance on June 30 is between $400,000 and $600,000, the fees do not change.

Exemptions

This rule does not affect any of the following:

• Fees that DATCP charges for certain services, such as review of food processing equipment plans, or the testing, timing and sealing of pasteurizers. DATCP is authorized to charge fees for such services in order to cover its cost of providing the services. DATCP may adjust these service fees by written notice, in order to keep fees consistent with service costs.

• License fees for milk and cream testers. DATCP is not authorized to adjust these fees by rule. Milk and cream testers currently pay a license fee of $50 (for a 2-year license) and a reinspection fee of $25.

This rule exempts ungraded barrel cheese from current and proposed cheese grading fees (paid by dairy plants).

Technical Changes

This rule makes certain non-substantive editorial and drafting changes to current rules.

Fiscal Impact

State Fiscal Effect

This rule will increase food safety program revenues by $1.2 million in 2006. This is necessary to offset a projected deficit in DATCP's food safety program revenue account beginning in FY 2005-06. Fees have not been increased since 1998. DATCP proposes to increase license fees for all food and dairy license categories. A complete fiscal estimate is attached.

Wisconsin's food safety program is funded by a combination of general tax dollars (GPR) and program revenue from license fees (PR). In 1991, license fees funded about 40% of program costs. The 1995-97 biennial budget act reduced GPR funding, so that PR accounted for about 50% of food safety funding. Because of further GPR reductions in recent state budgets, the current PR funding share is about 60%.

Other developments have combined to deplete the food safety PR account balance. Recent state budgets have lapsed a substantial amount of license fee revenue to the state general fund (to help remedy state budget deficits). DATCP has delayed fee increases (none since 1998), but has experienced a modest increase in operating costs. DATCP also incurred a significant increase in PR costs when the legislature transferred the grade A milk certification program to DATCP (without any attached funding). DATCP currently projects a PR account deficit in FY 2005-06.

DATCP is working to deliver effective food safety protection as efficiently as possible. DATCP's bureau of food safety and inspection currently has 88 staff -- 12.75 fewer than in 1997 and 15.5 fewer than in 1991. Dairy farm inspection frequency is based on milk quality tests and past inspection performance (DATCP is exploring ways to expand this risk-based approach). DATCP is also working with other agencies to share resources and minimize duplication. For example:

• DATCP works with local government to license and inspect retail food establishments. Twenty-seven local entities license and inspect on behalf of DATCP, compared to 15 in 1997. Local entities now license and inspect 3,800 retail food establishments, and DATCP licenses and inspects the remaining 4,700 establishments.

• DATCP coordinates dairy plant inspection with the United States Department of Agriculture, Agricultural Marketing Service, to avoid duplicate inspection.

• Since 1997, DATCP has worked with the Wisconsin Department of Health and Family Services (DHFS) to eliminate duplicate licensing and inspection of grocery stores, restaurants, and combination grocery-restaurants. DATCP and DHFS have adopted uniform rules for grocery stores and restaurants, to avoid conflicting standards. Standards are based on the federal model food code.

Local Fiscal Effect

DATCP currently provides administrative support to local governments that license and inspect retail food establishments as agents of DATCP. Local governments establish their own license fees, and reimburse DATCP for administrative services costs. The reimbursement amount equals 10% of the license fee that DATCP would charge local license holders, if DATCP licensed them directly. An increase in DATCP license fees therefore increases local reimbursement payments.

In FY 2004, local governments made a total of $50,005 in reimbursement payments. If DATCP adopts the fee increases proposed in this rule, the reimbursement rate will remain at 10%, but the total reimbursement amount will increase to $61,505. This rule thus increases local costs by $11,500 (statewide total). Local governments can (and likely will) pass this increased cost on to retail food businesses. Local governments can set license fees to recover up to 100% of their reasonable operating costs.

Business Impact

This rule increases current license fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders licensed by DATCP. Many of these licensed entities are “small businesses."

The proposed fee increase is necessary to prevent a deficit in Wisconsin's food safety program revenue account. Fees have not been increased since 1998. The proposed fee increase will have an impact on the affected businesses, but not a dramatic impact. DATCP has worked to maintain a fair and equitable license fee schedule.

Fees are based on actual food safety costs related to each license sector. Fees are also based on business size, food product type, and type of food handling operations. Smaller businesses generally pay lower fees than large businesses, and lower-risk businesses generally pay lower fees than higher-risk businesses.

This rule increases food safety license fees, but does not change other license requirements. This rule requires no additional recordkeeping, and no added professional services to comply. A complete small business analysis (“initial regulatory flexibility analysis") is attached.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but will propose a separate rule on that subject. Food and dairy businesses must pay required license fees in order to obtain a license from DATCP.

Federal Regulation

There are no existing or proposed federal regulations related to license fees for food and dairy businesses operating in Wisconsin.

Surrounding State Programs

All of the surrounding states charge license fees to food and dairy businesses. License structure and fees vary between states. Differences in license fees may partly reflect differences in general tax dollar support for food and dairy programs in different states.

Minnesota

Minnesota has a license and fee structure that is similar, but not identical to, Wisconsin's structure:

Dairy Fees – Minnesota
Grade A pasteurizing plant	$500
Grade A farm	$50
Grade A farm reinspection fee	$45
Manufacturing plant	$140 per pasteurizer unit
Manufactured farm	$25
Manufactured farm reinspection fee	$45
Processor assessment	$.07 per cwt for fluid milk products sold for retail sale in Minnesota
Farm bulk milk pick-up tanker	$25
Milk procurement fee	$.0071 per cwt of raw milk purchased

Food Fees – Minnesota
Retail food handler	$50-$2,001 based on sales volume
Wholesale food handler	$57-$1,502 based on sales volume
Food broker	$150
Wholesale food processor or manufacturer	$169-$2,571 based on sales volume

Michigan

Michigan has a license and fee structure that is similar, but not identical to, Wisconsin's structure“

Dairy fees – Michigan
Milk plant	$175
Farms sending milk to plant	$5-$10
Receiving or transfer station	$50
Milk tank truck cleaning facility	$50
Milk transportation company	$20
Milk tank truck	$10
Grade A milk distributor	$50
Single service container and closure plant	$50
Bulk milk hauler/sampler	$40 for 2 years

Food Fees – Michigan
Retail food establishment	$70
Limited wholesale food processor	$70
Food warehouse	$70
Extended retail food establishment	$175
Wholesale food processor	$175
Mobile food establishment	$175
Temporary food establishment	$28
Bottled water manufacturer	$25 for each product registered and $25 for each water dispensing machine

Iowa

Iowa has a license and fee structure that is similar, but not identical to, Wisconsin's structure:

Dairy Fees – Iowa
Milk plant	$2,000 for 2 years
Transfer station	$400 for 2 years
Receiving station	$400 for 2 years
Milk hauler	$20 for 2 years
Milk grader	$20 for 2 years
Bulk milk tanker permit	$50 for 2 years
Reinspection fee	$40
Resealing pasteurizer fee	$100 per reseal
Purchaser of milk fee - Grade A	$.015 per cwt of raw milk purchased
Purchaser of milk fee - Grade B	$.005 per cwt of raw milk purchased

Food Fees – Iowa
Mobile food unit or pushcart	$20
Temporary food establishment	$25
*Food establishment	$30-$225 based on sales volume
*Food service establishment	$50-$225 based on sales volume
Food processing plant	$50-$250 based on sales volume
Egg handler	$15-$250 based on cases sold

*If one establishment must hold both a food establishment and a food service establishment license, each license fee is 75% of the established fee.

Illinois

Illinois has a license and fee structure that is substantially different from the Wisconsin structure:

Dairy Fees – Illinois
Milk plant permit	$100
Receiving or transfer station	$50
Cleaning and sanitizing facility	$50
Milk hauler-sampler	$25
Milk tank truck	$25
Certified pasteurizer sealer	$100

Illinois does not license or charge a fee to most food establishments. The following are fees charged to Illinois food establishments:

Food Fees
Salvage Operator	$100 plus inspection fee based on size
Bottled water manufacturer or distributor	$150
Egg handlers, distributors and breakers	$15-$200 plus inspection fee per case of eggs sold

Notice of Hearing

Commerce

(Petition for Variance)

[CR 05-049]

NOTICE IS HEREBY GIVEN that pursuant to chapters 101 and 145, and sections 167.10 (6m), 168.16 (4) and 560.02 (4), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 3, relating to stop work, stop use and petition for variance procedures.

The public hearing will be held as follows:

Date and Time: Monday, June 27, 2005 at 10:00 a.m.

Location: Room 3C, Thompson Commerce Center, 201 West Washington Avenue, Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 8, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at:
[e-mail].

This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Analysis of Proposed Rules

1. Statutes Interpreted. Chapters 101 and 145, and sections 167.10 (6m), 168.16 (4) and 560.02 (4), Stats.

2. Statutory Authority. Chapters 101 and 145, and sections 167.10 (6m), 168.16 (4) and 560.02 (4), Stats.

3. Related Statute or Rule. None.

4. Explanation of Agency Authority. Chapters 101 and 145 and section 167.10 (6m), Stats., grant the Department of Commerce the authority to protect public health, safety and welfare and the waters of the state by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Section 168.16 (4), Stats., grants the department authority to promulgate rules relating to the inspection of petroleum products. Section 560.02 (4), Stats., grants the department authority to promulgate rules to carry out the mandates in chapter 560, Stats, relating to the development of a state economic policy.

5. Summary of Proposed Rules. The department implements the protection of the public and the waters of the state through the promulgation, administration and enforcement of administrative rules. These rules regulate objects and activities, require specific approvals and/or permits, and require credentialed individuals to perform certain activities. The department typically employs a philosophy of education first and enforcement second in its regulatory responsibilities. However, there are times when there is an imminent risk to public safety and health, and immediate enforcement action is warranted.

The proposed rules consist of revisions in chapter Comm 3 that add procedures for the Safety and Buildings Division to issue orders to immediately cease any construction, installation, operation or activity or the use of a building, building component, structure or mechanical device. Specific reasons are listed for the issuance of the orders. The proposed rules also contain procedures for review of the order by the division administrator, and for a hearing on the order by the department secretary.

The proposed rules also include revisions in the current chapter Comm 3 rules relating to the petition for variance procedures. Those procedures currently apply only to the Safety and Buildings Division within the Department. The proposed revisions will allow the petition for variance procedures to be used by the entire Department, not just the Safety and Buildings Division.

6. Summary of, and Comparison with, Existing or Proposed Federal Regulations. There is no existing or proposed federal regulation that addresses the Safety and Buildings Division's issuance of stop work and stop use orders for the protection of public safety and health, or the department's processing of petitions for variance.

7. Comparison with Rules in Adjacent States. An Internet search of adjacent states' rules found the following information relating to the issuance of stop work and stop use orders for the protection of public safety and health, and to the issuance of petitions for variance.

• The Illinois Department of Public Health, Division of Environmental Health, can issue stop work orders under the department's asbestos licensing program. The Illinois Environmental Protection Agency can issue stop work orders for non-compliance with loan or grant conditions and procedures under the agency's Brownfields Redevelopment Program and Public Water Supply Program. The Illinois Environmental Protection Agency can issue petitions for variance for relief from environmental regulations under certain circumstances.

• Under the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board regulations, an inspector has the right to stop installation work if standards for new tanks are not followed by the installer. Iowa's Administrative Code contains standards and a process for state departments to grant individual waivers from rules in response to a completed petition.

• Under Michigan's Food Law, Public Act 92, a stop work order can be issued against a proposed food establishment if applicable rules for the alteration or construction of the establishment are not met. The Michigan Department of Labor and Economic Growth Construction Code contains rules for the issuance of stop work orders, when work is being done contrary to the provisions of the code or in a dangerous or unsafe manner, under the Building Code, Plumbing Code, Mechanical Code and Existing Building Code. The Michigan Electrical Code allows for the placement of a red tag on any electrical equipment that is found imminently dangerous to human life or property. The Michigan Department of Consumer and Industry Services can issue variances to the department's occupational safety and health standards.

• The Minnesota Department of Administration State Building Code contains rules for the issuance of stop work orders when work is being done contrary to the provisions of the code or in a dangerous or unsafe manner. The Minnesota State Building Code includes rules for plumbing, mechanical, electrical, energy, fuel gas, and existing buildings. Minnesota's administrative rules contain requirements and a process for state agencies to grant waivers and variances to any rule, except for a rule that incorporates a statutory requirement.

8. Summary of Factual Data and Analytical Methodologies. There were no factual data or analytical methodologies used to develop the proposed rules.

9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

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 [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

Relative to the stop work and stop use procedures, the rules will affect any business that must comply with the administrative codes enforced by the Safety and Buildings Division. Relative to the petition for variance procedures, the rules will affect any business that must comply with the administrative codes enforced by any of the divisions within the department.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no reporting, bookkeeping or other procedures required for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the rules.

4. Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing rules relating to protecting public safety and health in public buildings, places of employment and one- and 2-family dwellings. The proposed rules do not contain any changes in the division's fees charged for administering and enforcing those rules, including the issuance of a stop work or stop use order. Also, the proposed rules will not create any additional workload costs for the department. Therefore, the proposed rules will not have any fiscal effect on the department.

The proposed rules will not have a significant fiscal effect on the private sector. Enforcement of the proposed stop work/stop use rules may result in increased costs for a specific construction project or activity if the construction or activity is ordered to stop for a significant length of time.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Financial Institutions - Banking

Financial Institutions - Savings Banks

Financial Institutions - Savings and Loan

[CR 05-045]

NOTICE IS HEREBY GIVEN That pursuant to 220.04 (8), 214.03 (2), 214.715 (1) (d), 215.02 (18) and 227.11 (2), Stats., and interpreting 220.04 (8), 214.03 (1) and 215.02 (18), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor the city of Madison, Wisconsin, on the 27th day of June, 2005 at 1:30 p.m. to consider a rule to create ss. DFI—Bkg 3.08 and DFI—SB 16.04, and ch. DFI—SL 22 relating to debt cancellation contracts and debt suspension agreements.

Analysis Prepared by the Department of Financial Institutions, Division of Banking

Statute(s) interpreted: ss. 220.04 (8), 214.03 (1) and 215.02 (18), Stats.

Statutory authority: ss. 220.04 (8), 214.03 (2), 214.715 (1) (d), 215.02 (18) and 227.11 (2), Stats.

Related statute or rule: None.

Explanation of agency authority: Pursuant to chs. 214, 215, 220 and 221, the department regulates Wisconsin-chartered savings banks, savings and loan associations, and banks.

Summary of proposed rule: The objective of the rule is to create ss. DFI—Bkg 3.08 and DFI—SB 16.04, and ch. DFI—SL 22 relating to debt cancellation contracts and debt suspension agreements. The purpose of this rule is to authorize Wisconsin-chartered banks, savings banks, and savings and loan associations to provide debt cancellation contracts and debt suspension agreements in the same manner that such products are provided by federally-chartered banks, savings banks, and savings and loan associations. The rule assists Wisconsin-chartered banks, savings banks, and savings and loan associations in remaining competitive with federally chartered banks, savings banks, and savings and loan associations regarding these products. The rule provides definitions; identifies prohibited practices; and sets forth certain requirements regarding fees, disclosures, and safety and soundness practices. The promulgation of this rule has been approved by the Banking Review Board and the Savings Institution Review Board.

Summary of and preliminary comparison with existing or proposed federal regulation: 12 CFR 37, Office of Thrift Supervision Opinion Letter 9/15/93 and Office of Thrift Supervision Opinion Letter 12/18/95 provide federal regulations and guidance similar to the proposed rule.

Comparison with rules in adjacent states: Illinois (Interpretative Letter 94-011), Michigan (Declaratory Ruling 04-053-N), Minnesota (wild card statute) and Iowa (incidental powers statute) all authorize the providing of debt cancellation contracts and debt suspension agreements.

Summary of factual data and analytical methodologies: The department reviewed federal regulations relating to debt cancellation contracts and debt suspension agreements, as well as rules adopted by other states regarding the same.

Analysis and supporting documentation used to determine effect on small business: State-chartered banks, savings banks, and savings and loan associations do not meet the criteria of a small business. The rule has, therefore, no effect on small business.

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

A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone]. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org.

Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone], or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.

Notice of Hearing

Financial Institutions - Credit Unions

[CR 05-046]

NOTICE IS HEREBY GIVEN That pursuant to ss. 186.115(2), 186.235(8) and 227.11(2), Stats., and interpreting ss. 186.115(1) and 186.235(21), Stats., the Office of Credit Unions will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor in the city of Madison, Wisconsin, on the 27th day of June, 2005, at 2:30 p.m. to consider a rule to create ch. DFI—CU 74, relating to incidental powers activity authority parity with federal credit unions.

Analysis Prepared by the Office of Credit Unions.

Statute(s) interpreted: ss. 186.115 (1) and 186.235 (21), Stats.

Statutory authority: ss. 186.115 (2), 186.235 (8) and 227.11 (2), Stats.

Related statute or rule: None.

Explanation of agency authority: Pursuant to ch. 186, Stats., the Wisconsin Office of Credit Unions regulates state-chartered credit unions.

Summary of proposed rule: The objective of the rule is to create ch. DFI—CU 74 relating to incidental powers activity authority parity with federal credit unions. The purpose of this rule is to permit Wisconsin-chartered credit unions to provide certain loan-related products in the same manner that such products are provided by federally-chartered credit unions. The promulgation of this rule has been approved by the Credit Union Review Board.

Summary of and preliminary comparison with existing or proposed federal regulation: NCUA Rules and Regulations Part 721 authorizes a federal credit union to engage in activities incidental to its business.

Comparison with rules in adjacent states: Illinois (Authorizing Letter 05/07/02), Michigan (Interpretive Memorandum 06/18/04 and Declaratory Ruling 04-053-M), Minnesota (parity statute) and Iowa (parity statute) all authorize the providing of debt cancellation contracts and debt suspension agreements.

Summary of factual data and analytical methodologies: No factual data or analytical methodologies were necessary for the rule.

Analysis and supporting documentation used to determine effect on small business: The rule does not have an effect on small business.

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

A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone]. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org.

Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone], or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.

Notice of Hearings

Health and Family Service
(Health, Chs. 110—)

[CR 05-048]

NOTICE IS HEREBY GIVEN That pursuant to ss. 146.50 (6g) (a), (13) (a) and (b), and 227.11 (2) (a), Stats., and interpreting s. 146.50 (6g), (8), (8m), (9) and (13), Stats., the Department of Health and Family Services will hold a public hearing, at the following time(s) and location(s), to consider emergency rules and proposed permanent rules repealing, renumbering, renumbering and amending, amending, and creating rules relating to relating to certification of first responders.

Hearing Dates and Locations

June 27, 2005

1:00 p.m. to 3:00 p.m.

1 W. Wilson St., Rm. 751

Madison, WI

And

June 27, 2005

6:00 PM to 8:00 PM

Crowne Plaza

4402 E. Washington Ave

Meeting Rm. A

Madison, WI 53703

Written comments and materials may also be submitted to the Department using the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov or to the contact person listed below. The deadline for submitting comments at the website and the contact person is 4:30 p.m., on July 5, 2005.

Analysis Prepared by the Department of Health and Family Services

Currently, first responders may provide the skills contained in the national standard curriculum and basic life support in accordance with skills and medications covered in the Wisconsin revision of the national standard curriculum for training first responders; application of backboard and cervical collar for purpose of spinal immobilization; administration of oxygen; and performance of defibrillation; and additional skills and medications approved by the department based on recommendations of the EMS physician advisory committee and the under s. 146.55 (2m), Stats., and the EMS board and state EMS medical director under s. 146.50 (13) (b), Stats.

This proposed order both generally updates ch. HFS 113, and authorizes first responders to use the following 2 types of potentially life-saving skills:

1. Non-visualized airway, to treat patients who are either not breathing or their airway has been compromised due to trauma or other means; and

2. The administration of epinephrine, for patients who have suffered a severe allergic reaction.

A copy of the full text of the proposed rules can be obtained at no charge from the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov or by contacting the contact person listed below.

Fiscal Estimate

This revised administrative rule will allow first responders to obtain certain skills in addition to those that are provided in the national standards curriculum. If first responders choose to acquire these skills, the purchase of a medical kit at a cost of approximately $150 would be required. The cost of this kit could be reimbursed by the ambulance service which works with the first responder, so there would be no net cost to the first responder for this kit. Since this provision is not mandatory, it is not known how many first responders would seek to obtain these skills. Therefore, it is not possible to estimate the fiscal effect of this provision on local emergency medical services providers. A copy of the full text of the fiscal estimate may be obtained at no charge at the Wisconsin Administrative Rules website at:
http://adminrules.wisconsin.gov or by contacting the contact person listed below.

Initial Regulatory Flexibility Analysis

The department does not currently certify first responder service providers other than first responders that are certified to defibrillate and does not believe that these proposed rules affect small businesses other than private business entities that provide first responder services. The department invites comments from members of the public, including private entities who are first responder service providers, and other small businesses who believe that these proposed rules will have a fiscal impact on their small business.

The proposed changes do not include reporting or bookkeeping requirements.

Contact Person

Dan Williams

Department of Health and Family Services

Division of Public Health - Emergency Medical Services

1 West Wilson Street Room 118

P.O. Box 2659

Madison, WI 53701-2659

608-261-6870

Fax: [phone]

[e-mail]

Small Business Regulatory Coordinator

Rosie Greer

Department of Health and Family Services

1 W. Wilson St. Rm. 658

Madison, WI 53702

[e-mail]

608-266-1279

Fax: [phone]

Notice of Hearing

Health and Family Service
(Health, Chs. 110—)

[CR 05-047]

NOTICE IS HEREBY GIVEN that pursuant to ss. 149.143 (2) (a) 2., 3., and 4., Stats., and 227.11 (2) Stats., interpreting ss. 149.14 (5m), 149.142, 149.143, 149.146, and 149.165, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed permanent rules and emergency rules amending HFS 119.07 (6) (b) to (d) and 119.15 (2) and (3), relating to operation of the health insurance risk-sharing plan (HIRSP) at the following time and location. The Department anticipates the emergency rules will take effect on July 1, 2005.

Hearing Date(s) and Location(s)

The public hearing will be held:

Monday, July 11, 2005, 1:00 p.m. to 3:00 p.m.

Conference Room B272 (Floor 2B)

State Office Building

1 West Wilson Street

Madison, WI

The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments may be submitted at the public hearing. In lieu of attending the public hearing, written comments and materials may be submitted to the Department using the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov or submitted by regular mail or email to the Department's contact person listed below:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

1 W. Wilson St.

Madison, WI 53701-0309

Phone: [phone] or if you are hearing impaired, [phone] (TTY)

Fax: [phone]

[e-mail]

The deadline for submitting comments is 4:30 p.m., on July 18, 2005.

Analysis Prepared by the Department of Health and Family Services

The State of Wisconsin in 1980 established a Health Insurance Risk-Sharing Plan (HIRSP). HIRSP provides major medical health insurance for persons who are covered under Medicare because they are disabled, persons who have tested positive for HIV, and persons who have been refused coverage or who cannot get coverage at an affordable price in the private health insurance market because of their mental or physical health conditions. Also eligible for coverage are persons who recently lost employer-sponsored insurance coverage if they meet certain criteria. According to state law, HIRSP policyholder premium rates must fund sixty percent of plan costs, except for costs associated with premium and deductible reductions. The remaining funding for HIRSP is to be provided by insurer assessments and adjustments to provider payment rates, in co-equal amounts.

HIRSP Plan 1 is for policyholders that do not have Medicare. Ninety-one percent of the 18,530 HIRSP policies in effect in February 2005 were enrolled in Plan 1. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The rates for Plan 1 contained in this rulemaking order increase an average of 15.0% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 12.1%. Rate increases for individual policyholders within Plan 1 range from 7.0% to 16.8%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. Plan 1 rate increases reflect and take into account the increase in costs associated with Plan 1 claims.

HIRSP Plan 2 is for persons eligible for Medicare because of a disability or because they become age-eligible for Medicare while enrolled in HIRSP. Plan 2 has a $500 deductible. Nine percent of the 18,530 HIRSP policies in effect in February 2005 were enrolled in Plan 2. The rate increases for Plan 2 contained in this rulemaking order increase an average of 20.3% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 17.3%. Rate increases for individual policyholders within Plan 2 range from 11.2% to 22.2%, depending on a policyholder's age, gender, household income and zone of residence within Wisconsin. Plan 2 premiums are set in accordance with the authority and requirements set out in s. 149.14 (5m), Stats.

Fiscal Estimate

HIRSP has the purpose of making health insurance coverage available to medically uninsured residents of the state. This order updates HIRSP premiums for policyholders effective July 1, 2005. It also adjusts total HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2005. This adjustment process is occurring in order to reflect changing HIRSP costs and satisfy a statute-specified calculation methodology, in order to fund total HIRSP costs.

The fiscal adjustments contained in this order were developed by an independent actuarial firm on behalf of HIRSP. The projected adjustments have been reviewed by DHFS staff and approved by the HIRSP Board of Governors. The Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties. By statute, these adjustments include estimates for the annual reconciliation process, which is based on the previous calendar year and implemented in the subsequent plan year. The fiscal adjustments are based upon a combination of a retrospective reconciliation process, current HIRSP expenses, inflation trends in medical care and statutory requirements. The resulting adjustments are then applied to the time-period beginning July 1, 2005. Similar annual fiscal adjustments to the HIRSP rules have occurred in each state fiscal year (SFY) since 1998.

HIRSP funding will increase by $29,432,763 in SFY 2006 as a result of the proposed changes contained in this order. This annual amount is comprised of an increase of $6,433,230 in insurer assessments, an increased adjustment (levy) of $9,708,019 regarding provider payment rates, and a projected increase of $13,291,514 in policyholder premiums. This increase in HIRSP program revenues is expected to equal the increase in program expenditures for provided services. As a result, the net overall fiscal effect is estimated to be zero.

HIRSP affects policyholders, insurers and health providers. Under HIRSP, policyholders are required by law to fund 60% of its costs, except for costs associated with premium and deductible reductions. The remaining funding for HIRSP is to be provided by insurer assessments and adjustments to provider payments rates, in co-equal amounts. HIRSP offers health insurance to high medically at-risk citizens, at rates subsidized by healthcare insurers and healthcare providers of service. HIRSP has approximately 18,530 policyholders, or 0.3% of Wisconsin's population of about 5.5 million. HIRSP increases the number of Wisconsin citizens with health insurance. Wisconsin citizens receive health insurance coverage that would otherwise be unaffordable or unobtainable. Citizens improve their health status. Healthcare insurers are enabled to provide coverage to an underserved marketplace niche. Healthcare providers receive additional customers.

Initial Regulatory Flexibility Analysis

HIRSP program statutes require an assessment of insurers and providers in order to help finance HIRSP. The rule changes do not affect health insurers who are small businesses as "small business" is defined in s. 227.114 (1) (a), Stats. The rules changes may affect some health care providers that are small businesses. The net fiscal impact of HIRSP on these small health care providers is unknown.

For More Information:

A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.

A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

1 W. Wilson St.

Madison, WI 53701-0309

Phone: [phone] or if you are hearing impaired, (608 266-1511 (TTY)

Fax: [phone]

[e-mail]

Small Business Regulatory Coordinator:

Rosie Greer

[e-mail]

608-266-1279

Notice of Hearing

Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

[CR 05-042]

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), 227.11 (2) and 457.03, Wis. Stats., and interpreting s. 457.08 (4) (b) 1. and 2., Wis. Stats., 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 repeal MPSW 2.01 (9) (b); and to amend MPSW 2.01 (9) (intro.) and 3.09 (1), relating to postgraduate education and field experience for licensure as a clinical social worker.

Hearing Date, Time and Location

Date:   June 29, 2005

Time:   9:30 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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to [e-mail]. Written comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statute interpreted

Section 457.08 (4) (b) 1. and 2., Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) and 457.03, Stats.

Explanation of agency authority

Currently, s. MPSW 2.01 (9) requires clinical courses to comprise at least 40% of an applicant's non-field placement credits in his or her social work degree program. That provision has resulted in unintended inequities for applicants because it requires some individuals to take more courses than others depending upon how many credits are required for the particular degree program. By requiring specific clinical courses, rather than a percentage of them, applicants will have to meet uniform criteria, regardless of how many credits are required in their degree program, thereby eliminating any existing inequities.

Section MPSW 3.09 (1) presently requires that applicants for licensure as clinical social workers provide evidence that, as part of their degree program, they took a course of study which included a clinical focus and a supervised field training. The underlying statutory provision was amended by the legislature in 2003 Wisconsin Act 301, permitting applicants to obtain their clinical requirements in a postgraduate setting, instead of only during their degree programs. This proposal will now be in conformity with the statute and will permit applicants to substitute their hours of supervised clinical work experience in lieu of their supervised field training.

Plain language analysis

Prior to the enactment of 2003 Wisconsin Act 301, s. 447.08 (4), Stats., required that applicants for licensure as a clinical social worker had to provide evidence that during the applicant's degree program, he or she took a course of study that included a clinical focus and a supervised field training. Because the law did not provide a means of achieving postgraduate clinical credit, this provision was found to be overly restrictive and was therefore amended by the legislature with 2003 Wisconsin Act 301. The amendment permitted applicants to obtain their clinical requirements in a postgraduate setting, rather than just during their degree programs.

The proposed rule changes would implement 2003 Wisconsin Act 301 by setting forth a specific number of hours of supervised clinical work experience which, in turn, could be substituted for the supervised clinical field training. Additionally, the proposal would amend s. MPSW 2.01 (9), which defines the term “clinical concentration in social work." Currently the rule requires clinical courses to comprise at least 40% of their non-field placement credits in their degree program. This rule has resulted in unintended inequities for applicants, depending on how many credits are required for each degree program. By requiring specific clinical courses, instead of a percentage of them, applicants will have to meet uniform criteria, regardless of how many credits are required in their degree program.

SECTION 1. Section MPSW 2.01 (9) (intro.) is amended. Under the existing rule, in order to graduate with a “clinical social work concentration" in either a master's or doctoral program, clinical courses must comprise at least 40% of the non-field placement credits. The existing rule also delineates the areas in which the theory and practice courses must be taken, for example, in case management, psychopathology in social work, clinical assessment and treatment of specific populations, psychopharmacology, psychotherapeutic interventions, and social work related electives.

The proposal eliminates the 40% non-field placement credit requirement. Instead, the rule would require students to take one psychopathology in social work course and two theory and practice courses from the following groups: case management, clinical assessment and treatment of specific populations and problems, psychopharmacology, psychotherapeutic interventions, and social work related electives.

SECTION 2. Section MPSW 2.01 (9) (b) is repealed because the psychopathology in social work course would now be a mandatory course, rather than an elected one.

SECTION 3. Section MPSW 3.09 (1) is amended. The existing rule requires applicants for licensure as clinical social workers to have either a master's or doctoral degree in social work with a concentration in clinical social work. It also requires the completion of supervised field training as part of the degree program. This amendment enables applicants to substitute 1,500 hours of supervised clinical work experience in lieu of their supervised field training by submitting an affidavit indicating that they have completed 1,500 hours of supervised clinical social work experience in not less than one year in clinical setting, and which also includes at least 500 hours of supervised, face-to-face client contact.

Determination of significant fiscal effect on the private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal estimate

The department estimates that this rule will require staff time in the Division of Professional Credentialing and Office of Legal Counsel to revise applications, and to provide customer service. The value of these staffs' salary and fringe benefits for this work is estimated at $828.

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 [e-mail], or by calling [phone].

Agency contact person

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone].
Email: [e-mail]. Copies of the notice of hearing are available upon request.

Place where comments are to be submitted and deadline for submission

Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email [e-mail]. Comments must be received on or before July 11, 2005, to be included in the record of rule-making proceedings.

Notice of Hearing

Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

[CR 05-041]

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), 227.11 (2) and 457.03 (3), Wis. Stats., and interpreting s. 457.14 (1) (a) to (d) and (2), Wis. Stats., 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 3.11 (5), relating to expiration of a temporary credential issued by the Social Worker Section.

Hearing Date, Time and Location

Date:   June 29, 2005

Time:   9:30 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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to [e-mail]. Written comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: Section 457.14 (1) (a) to (d) and (2), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) and 457.03 (3), Stats

Explanation of agency authority

Currently, s. MPSW 3.11 provides that a temporary credential expires upon notification of having failed the required examination or 9 months after having been issued, whichever is earlier. This proposal would permit applicants to retake the failed examination without having to surrender their temporary certificate or license, thereby allowing them to remain in practice while they await the next examination opportunity. However, the temporary certificate or license would still expire 9 months from the date of its issuance.

Plain language analysis

The current rule provides that a temporary social worker license will expire when the holder fails the required examination, or after the 9 month period passes, whichever is earlier. The person who fails the required examination must then return their license to the social worker section. Furthermore, this temporary license may not be renewed.

The proposed rule-making order would eliminate the expiration of the temporary license upon the failure of the required examination and that the license holder must then return the license. The proposed change would allow the temporary license holder to retake the required examination until they are able to pass the examination during the 9 month period of time. Therefore, the license will only expire at the end of the 9 month period of the license and may not be renewed.

The proposed rule change is good because it eliminates the loss of the temporary license and streamlines the licensing process while maintaining the protection of the public. The protection is maintained because under either version of the rule – current or proposed – the license holder could retake the examination; however, with the proposed change, the license holder would still be able to practice while retaking the examination. Previously, at best the person could only practice case management; at worst they may be terminated due to the loss of the temporary license. Furthermore, small business will not be affected and there may be a small benefit as the temporary credential holder may remain in practice while they are attempting to pass the required examination.

Determination of significant fiscal effect on the private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal estimate

The proposed rule 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 [e-mail], or by calling [phone].

Agency contact person

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone].
Email: [e-mail]. Copies of the notice of hearing are available upon request.

Place where comments are to be submitted and deadline for submission

Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email [e-mail]. Comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.