Policy Alternative:
•
Keep food and dairy license fees at their current levels. If the department continues to inspect food and dairy establishments at the current frequency, this may produce a deficit in the food safety program revenue account beginning in FY 2007-08.
•
Reduce the current frequency of food safety inspection. This could have the following consequences:
- Increased food safety risks. In 1990, a Food Safety Task Force found that the department was not inspecting food establishments with adequate frequency, and recommended increased inspection for food safety. (This finding was limited to food, not dairy, establishments.) As a result, during the past decade, as the number of dairy farms has decreased, inspection resources have been reallocated to other, higher risk food inspection activities (e.g., food processors and food retail establishments that process potentially hazardous food).
- Interstate sales of milk and dairy products would be jeopardized. Wisconsin sells approximately 85 percent of its dairy output in interstate commerce. Dairy inspection frequency is dictated by the interstate Pasteurized Milk Ordinance (PMO), and cannot be unilaterally altered by the State of Wisconsin. If the department fails to inspect at the frequency dictated by the PMO, the federal Food and Drug Administration will decertify the state, and other states may then refuse to accept shipments of grade A milk and dairy products from Wisconsin. This will cripple Wisconsin's dairy industry.
Statutory Alternatives: None.
Staff time required
The department estimates that it will use approximately 0.5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, consulting with stakeholders, holding public hearings, and communicating with other affected persons and groups. The department will assign existing staff to develop this rule.
Barbering and Cosmetology Examining Board
Subject
Creating an administrative rule relating to practice standards for barbering and cosmetology licensees when they are performing services outside of a licensed establishment. In today's society, there is a demand for licensed barbers and cosmetologists to provide services in nontraditional settings. The value of sanitation and cleanliness remains a concern in these settings outside of a licensed establishment. The board wishes to address these concerns by rule.
Policy analysis
Objective of the rule. To ensure that licensees comply with all practice standards, including sanitation and cleanliness, when such services are performed in a nontraditional setting outside of a licensed establishment. This rule would serve to protect the public when receiving cosmetology services outside of a licensed establishment.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Current rules provide that barbering and cosmetology licensees shall not provide personal care services outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability, persons in hospitals, nursing homes, and correctional or other institutions. Current rules also state that licensees shall comply with all practice standards for services taking place outside of a licensed establishment. This proposed rule would explicitly state that these practice standards that must be complied with outside of a licensed establishment would be required whether or not such services were performed in return for compensation.
Statutory authority
Comparison with federal requirements
There is none.
Entities affected by the rule
Barbering and cosmetology licensees.
Staff time required
300 hours.
Barbering and Cosmetology Examining Board
Subject
Creating a rule change to s.
BC 2.03, Barbering and Cosmetology Practice Standards, to prohibit discrimination in the providing of services by licensees. The Barbering and Cosmetology Examining Board has determined that assuring equal opportunity to obtain services is a valid goal of the profession.
Policy analysis
Objective of the rule. Currently, there does not exist in the form of an administrative rule, a prohibition of discrimination towards a prospective client by licensed barbers or cosmetologists. The objective of the rule is to provide equal access to barbering and cosmetology services to the citizens of Wisconsin. This rule will also provide enforcement personnel within the Department of Regulation and Licensing with specific language regulating this area that is consistent with Wisconsin law. This language would prohibit licensees from discriminating on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability, or sexual orientation.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Section
BC 2.03 (1) and
(7) relate to unprofessional conduct and sexual harassment respectively. These rules could at times be applicable to a situation involving discrimination in the practice of barbering and cosmetology. This rule will provide an explicit prohibition against discrimination.
Statutory authority
Comparison with federal requirements
There is none.
Entities affected by the rule
Barbering and cosmetology licensees.
Staff time required
300 hours.
Barbering and Cosmetology Examining Board
Subject
The field of electrology presents unique concerns for sanitation and cleanliness. Creating an administrative rule relating to sanitation and safety standards for electrolysis performed in a licensed cosmetology establishment will assist in clarifying those rules uniquely addressing electrology services.
Policy analysis
Objective of the rule. To expand the electrologists' sanitation and sterilization guidelines that are pertinent to their own profession. The guidelines will allow a practitioner to develop a knowledge base of infection control and client safety, maintain a state of cleanliness to minimize the transmission of microorganisms and demonstrate expert skills in cleaning and sterilizing reusable instruments and disposal of used needles.
Existing policies relevant to the rule, new policies proposed and analysis of policy alternatives
Currently, chapter BC 4 addresses sanitation and safety standards for barbers and cosmetologists. Section
BC 4.09 addresses standards of electrolysis. Wisconsin applicants are tested on American Electrology Association and the Centers for Disease Control sanitation and safety standards when applying for licensure, but these standards are not addressed in the Wisconsin code.
Standards need to be developed for use for electrologists and electrology instructors and emphasize the need 1) to consider all clients as potentially infectious, 2) to adhere to infection control precautions for minimizing the risk of exposure to blood or body fluids of all clients, and 3) to reduce the risk of transmission of infection and disease from client to client, practitioner to client, and client to practitioner.
Statutory authority
Comparison with federal requirements
There is none.
Entities affected by the rule
Barbering and cosmetology licensees.
Staff time required
300 hours.
Commerce
Subject
Objective of the rule. The objective of the rule is to create administrative rules under chapter Comm 131 in response to
2005 Wisconsin Act 25. This Act directs the Department of Commerce to develop rules to administer a diesel truck idling reduction grant program. This chapter will address at least the following:
An explanation of what is meant by auxiliary power unit
Program eligibility criteria
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.
