Application requirements
Contract terms and conditions
Reporting requirements
Grant disbursement process
Policy analysis
Existing policies. The Department recognizes that there is a need to lower emissions of air contaminants and to decrease energy use from diesel truck engines.
New policies. This is a new Wisconsin initiative to encourage the use of idling reduction units on diesel truck engines to reduce the long-duration idling of the truck engine.
Policy alternatives
The alternative of not creating this administrative code chapter would result in non-compliance with the statutory mandate in
2005 Wisconsin Act 25.
Statutory authority
Staff time required
The Department estimates that it will take approximately 200 hours to develop this rule. This time includes meeting with affected industry groups, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Entities affected by the rule
The rule will affect common motor carriers, contract motor carriers, and private motor carriers that transport freight and who apply for a grant under the diesel truck idling reduction grant program.
Comparison with federal requirements
Although the program is being undertaken in conjunction with the EPA's voluntary SmartWay Transport Partnership, there are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Employee Trust Funds
Subject
This proposed rule concerns appeals of determinations made by the Department of Employee Trust Funds which are authorized under ch.
40 of the statutes. In particular, this rule will remove the current absolute prohibitions against basing a finding of fact upon hearsay.
Policy analysis
The purpose of this rule is to allow the Boards hearing appeals of determination made by the Department of Employee Trust Funds to take advantage of any discretion regarding their reliance upon hearsay evidence that may be allowed to administrative tribunals under the Supreme Court decision in Gehin v. Wisconsin Group Insurance Board,
278 Wis.2d 111,
692 N.W.2d 572 (2005), or future court decisions interpreting or expanding upon that precedent.
The proposed rule permits the Board hearing the appeal to base its findings of fact upon hearsay when that hearsay is corroborated by other non-hearsay evidence, or in any other circumstances in which Wisconsin courts determine that reliance upon hearsay evidence is permissible in administrative proceedings.
The proposed rule removes the current prohibition in s.
ETF 11.12 (2) (b) that, “[n]o finding of fact may be based upon hearsay." The proposed rule adds to the responsibilities of the legal advisor during the Board's quasi-judicial deliberations on an administrative appeal before the Board. The counsel to the Board will have an express duty to advise the board concerning any hearsay evidence in the record and whether the board may rely upon that evidence to make factual findings.
Statutory authority
Staff time required
The Department estimates that state employees will spend 4 hours to develop this rule.
Entities affected by the rule
The Department of Employee Trust Funds and any person appealing from a determination made by the Department of Employee Trust Funds are potentially affected by this rule. Typically, appellants are participants in the Wisconsin Retirement System, a participant's beneficiary or a dependant covered under one of the other benefit plans administered by the Department of Employee Trust Funds who has been denied a benefit, or who takes issue with the computation of the amount of the benefit or with some other aspect of the Department's administration of the benefit plan.
Comparison with federal requirements
Aside from the constitutional obligation to provide due process, there is no federal law or regulation applicable to appeals of determinations made by the Department of Employee Trust Funds.
Natural Resources
Subject
Objective of the rule.
This rule change will allow the department to issue turkey tags remaining after the initial drawing in accordance with state statute, which is first-come, first-served. Additionally, this rule updates code language to accurately describe how permits are currently issued (by zone and by time period) and establishes that no person may obtain more than one turkey carcass tag per day.
Authority to promulgate an emergency rule to implement this system was specifically granted in the 2005-07 state budget. A follow-up permanent rule will be presented to the public by way of the 2006 Spring Fish and Wildlife Hearings.
Policy analysis
The 2005 - 07 state budget created a provision to allow the department to issue turkey permits, remaining after the initial permit drawing, over the counter on a first-come, first-served basis at the cost of $10 for residents and $15 for non-residents. The department's intent is to prevent any one individual from hoarding permits, and at the same time make sure that there are a limited number of left over permits that go unused. The intent of the budget proposal was to make sure permits are issued to those who have the ability and desire to use the permits. Therefore, the department recommends that turkey permits remaining after the initial drawing, be made available to customers at a rate of 1 permit per day, with no limit on the number of permits that an individual hunter may obtain in a given license year. By limiting the permits to one per day per hunter it will avoid hoarding and allow hunters equal opportunities at available permits.
Statutory authority
Staff time required
131 hours.
Entities affected by the rule
Turkey hunters will be interested in the outcome of this rule proposal.
Comparison with federal requirements
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Natural Resources
Subject
Objective of the rule. The department will be presenting a rule package pertaining to the eradication and control of CWD in Wisconsin. This rule may include modifications to the deer hunting seasons, management zones and other deer hunting related regulations. This rule is necessary to update rules that were approved by the NRB last year, in order to adapt and modify CWD management strategies based on testing results and hunter success.
Policy analysis
Adaptive management is essential to effective management and control of Chronic Wasting Disease (CWD) in Wisconsin. Since the discovery of CWD in February of 2002, our wildlife health and wildlife management staff have made major strides in what is known about the extent of the disease in the state, what is known about the hunters attitudes regarding the disease and its management, and through research done here and abroad, what is known about the disease. By annually reviewing, and when necessary modifying zones, harvest strategies and regulations, we are able to adapt our management strategies to more effectively react and use what information is available to our managers. In 2006, we will be forwarding a rule package that will be developed based on hunter surveys, 2005 post-harvest deer season results and population data, and testing results. Proposed changes will not deviate from the previous CWD rule order. The modifications proposed will be consistent with the Department's and the Board's policy of aggressive measures to control the spread of the disease, prevent new areas of disease establishment and to eradicate the disease in areas of known infection.
Statutory authority
Staff time required
524 hours.
Entities affected by the rule
Groups likely impacted will be landowners in close proximity to CWD positive cases, deer hunters, meat processors and other hunting related businesses.
Comparison with federal requirements
Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of Federal statutes and regulations, regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies. No federal regulations regarding CWD hunting seasons, zones or harvest regulations have been drafted or implemented. Additionally, none of the proposed rules exceed the authorities granted the states in
50 CFR 10.
Natural Resources
Subject
Objective of the rule. The Bureau of Wildlife Management recommends promulgating administrative rules that modify sections of chapters NR 10 and 45. These hunting and trapping related rule changes are minor and non-controversial in nature. The intent of these rule changes is to provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will correct management unit boundaries, clarify trapping requirements, correct cross-references, and update rules on the identification of tree stands on state lands resulting from a change requested by the legislature in 2005.
Policy analysis
There are no significant policy issues associated with this rule package. Every year the department promulgates a rule order that contains changes that are considered to be minor and non-controversial. This package known as the annual housekeeping order helps to correct inaccuracies and clarify existing regulations.
Statutory authority
s 29.014, Stats.
Staff time required
152 hours.
Entities affected by the rule
Groups likely interested in the outcome of these rule changes include deer hunters, turkey hunters and trappers. However, because of the corrective and non-controversial nature of these changes no groups will be significantly impacted.
Comparison with federal requirements
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Regulation and Licensing
Subject
Wis. Stats. 440.03 (13), Stats. requires that investigations of criminal backgrounds of applicants for or holders of credentials issued by the department or affiliated examining boards be made only pursuant to rules promulgated by the department. The Board of Nursing and other affiliated Boards have expressed a need to expand the scope of criminal background investigations currently authorized by rule for applicants.
Policy analysis
Objective of the rule. To modify the processes by which the department investigates applications to require criminal background checks for applicants for specified credentials.
The department currently requires routine criminal background checks only for applicants for a private detective license or a private security permit. Under current rules, the department may require an applicant for other professions to be photographed and fingerprinted as a part of the credentialing process, only if there exists reason to believe that the applicant has failed to accurately describe his or her conviction record.
The practice of certain professions impacts so directly upon public health, safety and welfare that criminal background checks should be routinely performed. The Wisconsin board of nursing needs to perform criminal background checks for its applicants to maintain its status as a compact state in the Nurse Licensure Compact (Membership provides for multistate licensure privileges for nursing and increases the availability of nurses throughout the country).
Statutory authority
Staff time required
180 hours.
Comparison with federal requirements
The federal government does not directly involve itself in the licensing and regulation of the professions regulated by the Department of Regulation and Licensing.
Entities affected by the rule
Applicants for various professions (including nurses and nursing home administrators) will be required to undergo a criminal background check prior to obtaining licensure.
Transportation
