There are no estimated fiscal effects on county, city, village, town, school district, technical college district or sewerage districts from these rules. We do not anticipate significant costs to the private sector from this rule.
There are no estimated long-term fiscal impacts associated with the rule. Expenses associated with public education and information will be concentrated in the first 2 years of the program. After 3-4 years it is anticipated the public will have received the message and costs for notification will decrease.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 10, 2006. 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 Dr. Diss Torrance.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs.
RL 164 and
165 relating to a code of conduct and renewal requirements for substance abuse professionals.
Hearing Date, Time and Location
Date: June 27, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
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. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted:
Statutory authority:
Section 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats.
Explanation of agency authority:
The Department of Regulation and Licensing has the authority under s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.
Related statute or rule:
Subchapter VII of chapter 440, Stats.
Plain language analysis:
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective January 1, 2006. This proposed rule-making order creates rules relating to requirements for renewal, as well as the bases for discipline for substance abuse counselors, clinical supervisors and prevention specialists.
SECTION 1 defines “department" and “substance abuse professional" and as well establishes a uniform definition of unprofessional conduct for all substance abuse professionals certified by the Department of Regulation and Licensing.
SECTION 2 establishes the authority granted to the department (as the credentialing authority for substance abuse professionals) by Wis. Stat. §
440.08 (3) (b), to impose additional requirements for renewals 5 years after expiration of a certificate, in order to assure competency of the applicant.
Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Summary of factual data and analytical methodologies:
In preparation of ch. RL 164, department staff reviewed the existing practice standards of the Wisconsin Certification Board [“WCB"] and compared them to definitions of unprofessional conduct found for health care professions affiliated with the department. WCB had separate codes of conduct for each certification category, and staff consolidated them into one code, utilizing standard Department of Regulation and Licensing terms and phraseology. The draft was submitted for comment within the department and then routed to the Substance Abuse Advisory Committee. The Committee approved the language as drafted.
Department staff based ch.
RL 165 on existing code provisions. The rule effectuates the intent of Wis. Stat. §
440.08 (3) (b), which requires a credentialing authority to promulgate rules to require completion of additional requirements establishing competency for the holder of a credential who fails to renew his or her credential within 5 years after its renewal date.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule represents a codification of existing standards for use by the Department of Regulation and Licensing. As this codification does not represent any significant change in the standards of unprofessional conduct, no effect on small businesses or economic impact is anticipated.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
These rules implement the regulation of substance abuse professionals as enacted by
2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by
2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order on emergency rules to create chs.
RL 164 and
165, relating to a code of conduct and renewal requirements for substance abuse professionals.
Hearing Date, Time and Location
Date: June 27, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
Madison, Wisconsin
Appearance 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. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: Stats. s.
440.88.
Statutory authority: Wis. Stats. ss. 227.11 (2) and 440.88 (3), which was created as Wis. Stats. s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under Wis. Stats. s. 13.93 (1) (b).
Explanation of agency authority: The Department of Regulation and Licensing has the authority under Wis. Stat. § 440.88 (3), which was created as Wis. Stat. § 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under Wis. Stat. § 13.93 (1) (b), to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.
Related statute or rule: Subchapter VII of chapter 440, Stats.
Plain language analysis: The purpose of this emergency rule is to create a code of conduct to facilitate assumption of disciplinary proceedings as part of the transfer of the regulation of substance abuse professionals from the Department of Health and Family Services to the Department of Regulation and Licensing. The emergency rule also sets forth the requirements for renewal.
The Department of Regulation and Licensing must promulgate this emergency rule for the period before the effective date of the permanent rules as promulgated under Wis. Stat. §
440.88 (3). Under the previous regulatory scheme, the Department of Health and Family Services and the Wisconsin Certification Board had established a code of conduct and restrictions on late renewals. This emergency rule continues the applicability of the rules until the department, with the advice of the Advisory Committee, can establish permanent rules.
Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Summary of factual data and analytical methodologies: The profession of substance abuse treatment providers had previously been regulated by the Department of Health and Family Services through a delegation to the Wisconsin Certification Board. A code of conduct and rules for renewal existed under that regulatory scheme. This emergency rule merely continues that regulatory scheme until the department can promulgate permanent rules under the advice of the advisory committee as contemplated by
2005 Wisconsin Act 25.
Fiscal Estimate
These rules implement the regulation of substance abuse professionals as enacted by
2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by
2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in Wis. Stat. §
227.114 (1). This rule does not create any new or different restrictions on substance abuse counselors practicing in a small business setting. Such counselors previously were required to comply with a code of conduct substantially similar in content and were subject to a restriction on late renewal of credentials. This rule maintains that oversight during the transfer of regulation to the Department of Regulation and Licensing without adding new or additional restrictions.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.055 (5), Stats., and interpreting s.
343.055, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
29th day of June, 2006, at 1:00 PM, to consider the amendment of provisions of ch.
Trans 102, Wisconsin Administrative Code, that are related to CDL exemptions.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the south side of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: s.
343.055, Stats.
Explanation of agency authority: Section
343.055 (5) requires the Department to issue administrative rules implementing all federal CDL waivers.
Plain language analysis: Sections
343.055, Stats., and ss.
Trans 102.20 and
102.20, .22 and .23 implement a number of CDL waivers states are permitted to grant to drivers of certain commercial motor vehicles. These waivers were originally permitted under various “waivers" which were published in the Federal Register. The USDOT later codified these waivers in the Code of Federal Regulations and slightly changed some of them in that process. This proposed rule would implement the subtle changes created when the USDOT codified the regulations now found at
49 C.F.R. 383.3.
Section
343.055 (5), Stats., requires the Department to issue administrative rules addressing all federal CDL waivers.
1.
Firefighters and Emergency Responders. Section
343.055 (1) (b), Stats., currently exempts firefighters from all state CDL licensing requirements while they operate specific commercial motor vehicles (fire trucks, hook and ladder trucks and foam or water transporters). They must be employed by a volunteer or paid fire fighting organization and the person is operating emergency or fire fighting equipment necessary to the preservation of life or property or the execution of emergency management functions and equipped with a siren and warning lights and the operation is in the routine performance of other duties of the fire organization.
Section
49 C.F.R. 383.3(d)(2) permits states to exempt firefighters and other persons who operate CMVs, which are necessary to the preservation of life or property or the execution of emergency governmental functions. The federal rule allows additional CMVs to be operated without a CDL, including fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies. This rule making will grant an exemption from CDL requirements that is consistent with federal law.
2.
Seasonal Farm Service Workers. Section
Trans 102.20 (8) (f), Wis. Admin. Code, is amended to conform to the codified requirements of
49 CFR 383.3(f)(3)(vii) with regard to the CDL exemption for certain farm service workers. Federal law now requires the 150-mile limit to be measured from the farm being serviced instead of from the worker's place of employment. This rule change adopts that requirement.
3.
Farmers. 49 CFR 383.3(d)(1) permits persons, such as family members, to qualify as CDL exempt farmers who were not exempted under the original federal waiver or current s.
343.055 (1) (c), Stats. This rule making creates s.
Trans 102.20 (5) to implement the looser federal requirements and to permit family members to drive CMVs if they meet federal requirements for exemption from CDL requirements. Federal law does not define the extent of a farmer's “family" for purposes of the farmer exemption. This leaves persons who are related but are outside of a farmer's immediate family unsure as to whether they do or do not qualify for the farmer exemption. This rule making clarifies that most relatives and their spouses will qualify for the exemption. The proposed rule would allow any parent, grandparent, child, aunt, uncle, brother, sister, grandchild, nephew, niece, first cousin, legal guardian, step-parent, step-child, step-brother, step-sister, or their spouses to qualify as part of the farmer's family.
4.
Snowplow Operators. The current provisions of s.
Trans 102.22 are moved into amended s.
Trans 102.23, in order to consolidate the complete CDL waiver provisions into one section of the code. The odd restricted license provisions available to farm service workers remain segregated into their own regulatory provision, s.
Trans 102.20. No substantive changes are intended in consolidating the regulation. Some language changes occurred simply to make the provision consistent in drafting style with the other subsections of s.
Trans 102.23.
5.
Pyrotechnics Industry Seasonal 4th of July Waiver. USDOT allows states to exempt drivers hauling large, less than 500 pounds of Class 1.3G, explosives (fireworks) from some licensing requirements between June 30 and July 6 of any year. The drivers must meet various qualifications and DMV then must issue special restricted CDL licenses to such drivers. DMV has had no requests to issue such licenses and has concerns about the safety aspects of issuing CDL licenses to haul explosives to drivers who have not been trained or tested with regard to such shipping. Implementing this license type would be expensive, and DMV does not believe many drivers would qualify or seek this type of license. Therefore, DMV is not proposing to implement the pyrotechnics waiver permitted under
49 CFR 383.3(g). (None of Wisconsin's adjoining states have implemented this waiver, either.)
Summary of, and preliminary comparison with, existing or proposed federal regulation: Section
49 CFR 383.3 permits states to exempt firefighters and others operating commercial motor vehicles from CDL requirements for the preservation of life or property or the execution of emergency governmental functions and the operation is not limited to the response or return from a fire or other emergency or the routine performance of other duties of the fire organization. It also permits farmers and their families to operate CMVs without CDLs, permits seasonal farm service workers to obtain limited CDLs without testing, permits snowplow operators from small communities to operate CMVs for snowplowing purposes in emergencies without CDLs, and permits some fireworks haulers to operate without CDLs around the 4
th of July. This proposed rule making brings Wisconsin's CDL exemptions more closely into parallel with those permitted by federal law, except that it does not implement the limited pyrotechnics waiver.
Comparison with Rules in Adjacent States: All adjacent states and Washington D.C. have CDL exemptions for firefighters and emergency responders, farmers, and military members similar to those proposed in this regulation. The states are inconsistent with respect to other waivers; some have implemented them, others not. The waivers for the neighboring states and their particular requirements are discussed below by state and subject area.
Illinois
RV Operators. Drivers of recreational vehicles operated primarily for personal use are exempt from CDL requirements. [625 ILCS 5/6-500(6)(b)(i)]
Military. United States Department of Defense vehicles being operated by non-civilian personnel are exempt from CDL requirements. This includes any operator on active military duty, members of the Reserves, National Guard, personnel on part-time training, and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice) [625 ILCS 5/6-500(6)(b)(ii)]
