Rule-Making Notices (Hearing Notices)

• Provides a mechanism by which a seed potato grower may obtain informal and formal review of an adverse certification decision by the college.

• Prohibits fraudulent sales of uncertified seed as certified seed.

This rule makes minor changes related to certification application, certification procedure, recordkeeping, and certified seed potato handling and labeling. However, none of these changes will have a significant adverse impact on potato growers.

Because this rule has no significant adverse impact on small business, it is not subject to the delayed small business effective date provided in s. ATCP 227.22(2)(e), Stats. DATCP has not incorporated a small business enforcement policy in this rule, pursuant to 2003 Wis. Act 145, because participation in the seed potato certification program is voluntary. DATCP has proposed a separate rule related to the exercise of enforcement discretion under all of its rules.

Environmental Impact

This rule will have no significant environmental impact, compared to current rules. This rule, like the current rules, will help to prevent the introduction and spread of serious potato diseases in this state. No environmental impact statement is required.

Federal Programs

There are no comparable federal programs related to the certification of seed potatoes. The United States department of agriculture, animal and plant health inspection service, is currently developing a proposed memorandum of understanding with states to standardize seed potato certification between states, and to ensure that certification meets minimum standards. This rule is consistent with the proposed memorandum of understanding.

Surrounding State Programs

Michigan. Michigan recently changed its seed potato certification rules. The changes make the Michigan rules more consistent with Wisconsin rules. Conversely, this rule will also make Wisconsin rules more consistent with Michigan rules. For example:

• Michigan's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Michigan's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Michigan's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

Minnesota. Minnesota's seed potato certification rule is similar to Wisconsin's. But unlike Wisconsin, Minnesota also restricts the planting of uncertified seed potatoes. The Minnesota rules prohibit a person from planting more than 10 acres of uncertified seed potatoes unless those seed potatoes have passed a field inspection. The field inspection must show compliance with disease standards similar to those that apply to certified seed potatoes (among other things, the potatoes must be free of ring rot).

This rule will make Wisconsin rules more consistent, in certain areas, with Minnesota rules. For example:

• Minnesota's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Minnesota's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Minnesota's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

• Minnesota's rule provides for a more targeted response to bacterial ring rot findings. This rule adopts a similar approach in Wisconsin.

• Minnesota's rule allows growers to apply for certification of protected varieties, if they have permission to grow those varieties (the rule does not otherwise regulate the planting of protected varieties). This rule takes a similar approach.

Indiana, Illinois & Iowa. Indiana, Illinois and Iowa do not produce seed potatoes and do not have seed potato certification rules.

DATCP and UW Contacts

Questions and comments related to this rule may be directed to the following persons:

Comments for the Hearing Record:

Department of Agriculture, Trade and Consumer
Protection
P. O. Box 8911, Madison, WI 53708-8911
Attn: Kevin LeRoy
Telephone: [phone]
E-mail: [e-mail]

Other Questions or Comments:

Department of Plant Pathology
University of Wisconsin-Madison
1630 Linden Dr.
Madison, WI 53706
Attn: Dr. Amy Charkowski, Assistant Professor
(Administrative Director)
Telephone: [phone]
E-mail: Amy Charkowski [[e-mail]]

Notice of Hearing

Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors

[CR 06-057]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 443.06, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal s. A-E 6.03 (1) (a) 1. i. and 2.d.; to amend ss. A-E 6.03 (1) (a) 1. a., b., c. and g., (2) (a) 2. e., and 6.04 (1) (b) and (2) (b); and to create s. A-E 6.03 (1) (b) 6. and 7., relating to land surveyor education and experience requirements.

Hearing Date, Time and Location

Date:   August 3, 2006

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  Room 121C

  (Enter at 55 N. Dickinson Street)

  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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before August 3, 2006 to be included in the record of rule-making proceedings.

Analysis

Statute interpreted:   Section 443.06, Stats.

Statutory authority:   Sections 15.08 (5) (b) and 227.11 (2),
    Stats.

The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, under the authority of s. 443.06, Stats, may establish the requirements for registration as a land surveyor.

Related statute or rule

There are no other statutes or rules other than those listed above.

Plain language analysis:

The proposed revision to s. A-E 6.03 changes the current rules to recognize and incorporate developments in the land surveyor profession, including new experience options in the field of surveying. The proposed revision of s. A-E 6.03 modifies the experience requirement to include the preparation of transportation project plats and condominium plats. The revisions also clarify the type of other experience that would be allowed to satisfy the requirements for licensure.

The proposed revisions to s. A-E 6.04 reflect changes in the land surveying curriculum as a result of advances in surveying technology. The revisions specifically recognize that such courses satisfy the educational requirements for registration as a land surveyor in Wisconsin.

SECTION 1 adds the language “interpreting legal descriptions, deeds and survey maps" to the qualifying work experience requirement in s. A-E 6.03 (1) (a) 1. a. SECTION 1 also eliminates the term “relocate" because it is redundant and the actual surveying function is the “location" of lost corners. And SECTION 1 adds language describing the type of land survey system corners (USPLS) involved in location surveys.

SECTION 2 is being revised to eliminate the writing and interpreting land descriptions provision because it was added to s. A-E 6.01 (1) (a) 1. a. The provision also eliminates the preparation of certain types of maps as qualifying experience due to changes in the field of surveying.

SECTION 3 modifies the existing language to specify the type of official plats and maps which satisfy the qualifying experience in s. A-E 6.03 (1) (a) 2. e.

SECTION 4 creates two additional types of work experience which satisfy the one-third experience requirement in s. A-E 6.03 (1) (b).

SECTION 5 is being revised to add additional acceptable courses due to changes in the land surveying curriculum. SECTION 5 also adds a specific minimum number of credits, 16, out of a total number of 24 semester credits required in principles of land surveying and technical aspects of land surveying for applicants with a bachelor's degree in civil engineering. The change also allows applicants with civil engineering degrees to receive a specified number of semester credits, 8, in other survey-related courses.

Summary of, and comparison with, existing or proposed federal regulation

There is no existing or proposed federal regulation.

Summary of factual data and analytical methodologies

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.

Analysis on small business or in preparation of economic impact report

The proposed rule would change the education and experience requirements for registration as a land surveyor in Wisconsin. There are 1579 active land surveyors licensed in Wisconsin. Of the active 1579 land surveyor licensees in Wisconsin, a significant percentage of them probably work in small businesses.

In order for a land surveyor to obtain their license, the applicant must demonstrate that they are qualified to become a land surveyor. These registration requirements can be met in several different ways, which include a certain amount of education and experience requirements.

These registration requirements would be changed as it relates to education and experience requirements. The experience requirements in the proposed rule would clarify existing rules and allow for the experience requirements to be met by working on Transportation Project Plats and Condominium Plats. This rule would merely clarify and add areas in which experience credit can be given as well as expand the types of courses that will be allowed to satisfy the educational requirements and reallocate the number of credits that can be taken in certain educational areas. The total amount of education and experience required for registration will not be changed.

There will be no additional reporting requirements, bookkeeping requirements, or compliance costs. This rule will not have an effect on small business.

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

The department estimates that this rule will require staff time in the Division of Professional Credentialing and the Division of Board Services. The total staff salary and fringe is estimated at $2,100.

Effect on small business

These proposed rules will have no significant economic impact on a small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

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: [phone]. Email: [e-mail].

Written comments

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before August 3, 2006 to be included in the record of rule-making proceedings.

Text of Rule

SECTION 1. A-E 6.03 (1) (a) 1. a., b., c. and g. are amended to read:

A-E 6.03 (1) (a) 1. a. Researching public and private records and interpreting legal descriptions, deeds, and survey maps.

b. Relocating Locating lost and obliterated corners and United States public land survey system corners and reestablishing or perpetuating monuments of the corners.

c. Establishing, reestablishing or and perpetuating survey monuments.

g. Preparing descriptions of real property from data acquired by field measurements and other evidence of property location.

SECTION 2. A-E 6.03 (1) (a) 1. i. and 2. d. are repealed.

SECTION 3. A-E 6.03 (1) (a) 2. e. is amended to read:

A-E 6.03 (1) (a) 2. e. Official plats or maps of land in this state in accordance with the Wisconsin administrative code.

SECTION 4. A-E 6.03 (1) (b) 6. and 7. are created to read:

A-E 6.03 (1) (b) 6. Transportation project plats in accordance with Wisconsin statutes or local ordinances.

7. Condominium plats prepared in accordance with Wisconsin statutes or ordinances.

SECTION 5. A-E 6.04 (1) (b) and (2) (b) are amended to read:

A-E 6.04 (1) (b) No more than 4 credits may be in courses related to land surveying such as “Engineering Surveying", “Municipal Surveying", “Route Surveying," “Highway Surveying", “Topographic Surveying," “Geodetic Surveying", “Photogrammetry", “Cartography", “Construction Surveying", “Air Photo Interpretation" and “Artillery Surveying". “engineering surveying," “municipal surveying," “route surveying," “highway surveying," “topographic surveying," “geodetic surveying," “photogrammetry," “cartography," “construction surveying," “air photo interpretation," “artillery surveying," “geographic information systems," “land information systems" and remote sensing systems."

(2) (b) Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state where the college or university is located. The curriculum shall include no less than 16 of 24 semester credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats, other land divisions and real property creation. The applicant may be allowed to receive up to 8 credits in certain other courses relating to surveying. These courses may include “engineering surveying," “municipal surveying," “route surveying," “highway surveying," “topographic surveying," “geodetic surveying," “photogrammetry," “cartography," “construction surveying," “air photo interpretation," “artillery surveying," “geographic information systems," “land information systems" and “remote sensing systems."