Rule-Making Notices (Hearing Notices)

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 the proposed rule will have no significant fiscal impact.

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

Agency Contact

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].

Place where comments are to be submitted and deadline for submission:

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 December 13, 2006, to be included in the record of rule-making proceedings.

Text of Rule

SECTION 1. RL 4.07 (66m) is created to read:

RL 4.07 (66m) Registered sanitarian.

SECTION 2. Chapters RL 174 to 177 are created to read:

Chapter RL 174
REGISTERED SANITARIANS AUTHORITY, SCOPE, PURPOSE AND DEFINITIONS

RL 174.01 Authority and intent. The rules in chs. RL 174 to 177 are adopted pursuant to s. 440.98, Stats., and are intended to replace the former rules in ch. HFS 160.

RL 174.02 Scope. The rules in chs. RL 174 to 177 shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a “registered sanitarian."

RL 174.03 Purpose. Sanitarian registration minimum qualifications are established to:

(1) Safeguard life, health and the environment.\

(2) Identify persons qualified in environmental health services.

(3) Develop reciprocity agreements with states having equivalent registration requirements.

(4) Promote the delivery of environmental health services by qualified individuals certified on the basis of recognized examination.

RL 174.04 Definitions. (1) “Accredited college or university" means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.

(2) “Department" means the department of regulation and licensing.

(3) “Environmental health" means the science and art which pertains to the protection of human health through the assessment, management, control and prevention of environmental factors that may adversely affect the health, comfort, safety or well being of individuals or the environment.

(4) “Field of environmental health" means employment, whether private or public, where the principles of environmental health are directly applied to one or more of the following areas:

(a) Air quality.

(b) Food protection.

(c) Hazardous substances.

(d) Product safety.

(e) Housing.

(f) Institutional health and safety.

(g) Radiation protection.

(h) Recreational areas and waters.

(i) Solid waste management.

(j) Vector control.

(k) Water quality.

(L) Wastewater technology and management.

(m) Hazardous waste management.

(n) Industrial hygiene.

(o) Water supply.

(5) “Full-time equivalent employment" means an accumulation of 2,080 hours for one year of creditable employment experience in the field of environmental health. All creditable hours shall be within the scope of environmental health practice.

(6) “Nationally recognized professional examination" means a department approved written examination designed to assess the knowledge and competence of professional sanitarians.

(7) “Registered sanitarian" means a sanitarian or environmental health professional registered in accordance with the provisions of chs. RL 174 to 177 and s. 440.98, Stats.

(8) “Registered sanitarian advisory committee" means the committee established by the secretary of the department, pursuant to s. 440.042, Stats., to advise the department in matters related to the administration of chs. RL 174 to 177.

Chapter RL 175
APPLICATION FOR REGISTRATION

RL 175.01 Application. Any person seeking a certificate of registration as a sanitarian shall submit a completed application on forms supplied by the department.

Note: Application forms are available on request to the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin, 53705, or from the department's website at: http://drl.wi.gov.

RL 175.02 Qualifications for examination. (1) The department shall issue an approval for examination to an individual who meets the educational and qualifying work experience requirements under this chapter and whose application has been approved by the department.

(2) An applicant for examination shall submit evidence, including verified college or university transcripts, and completion of one of the following combinations of education and experience:

(a) A baccalaureate or higher degree in environmental health from an accredited college or university with at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, and environmental health areas and one year of full-time equivalent employment in the field of environmental health.

(b) A baccalaureate or higher degree in physical or biological sciences from an accredited college or university with at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, and environmental health areas and 2 years of full-time equivalent employment in the field of environmental health.

(c) A baccalaureate or higher degree from an accredited college or university and 4 years of full-time equivalent employment in the field of environmental health.

(d) An associate degree from an accredited college, community college or technical institute in environmental, physical, biological and chemical sciences, and 5 years of full-time equivalent employment in the field of environmental health.

(e) An associate degree from an accredited college, community college or technical institute and 8 years of full-time equivalent employment in the field of environmental health.

(3) Proof of required education shall be submitted in the form of an original official transcript and shall be sent by the educational institution to the department.

RL 175.03 Verification of sanitarian experience. For purposes of verifying the qualified sanitarian work experience required under this chapter, an applicant shall submit a detailed description of the position held, length of employment, duties of the position, and name of work supervisor.

RL 175.04 Employer work verification. An applicant shall provide verification from their work supervisor of the applicant's work experience describing the applicant's job duties and number of hours worked per year in the field of environmental health.

RL 175.05 Application review. (1) An applicant shall submit a completed application for examination and the application fees prior to the scheduled review of applications by the department. The department application procedures and application fees policies in ch. RL 4 shall apply to the review and processing of applications for examination.

(2) The department, in consultation with the advisory committee, shall make an investigation as it deems necessary to determine if the applicant shall be admitted to the examination for registration and may request additional documentation prior to approving an application.

(3) The applicant shall be notified in writing of the department's decision regarding their application. An applicant may appeal the application review decision of the department in accordance with ch. RL 1 procedures.

RL 175.06 Reciprocal licensure and certification. Upon application and payment of the appropriate application fee, an applicant who holds a certificate of registration or license as a sanitarian in good standing issued by the proper authority of any state, or territory, or possession of the United States, foreign country, or any other organization that registers or certifies sanitarians, may receive a certificate in this state provided that the requirements for the registration in the other jurisdiction are comparable to the qualifications for registration in this chapter. The successful passage of a recognized professional examination of any other state, territory or possession, country or organization, may be construed as tantamount to passing the required examination recognized by the department, provided that the scope of the examination and the applicant's passing score is comparable to the examination and passing score administered under this chapter.

Chapter RL 176 - EXAMINATIONS

RL 176.01 Examination requirements. (1) All applicants for registration shall be required to pass a nationally recognized professional examination or other professional examination approved by the department.

(2) Notice of eligibility to take the national examination shall be provided to those who have completed and approved applications on file. The notice of eligibility shall be presented by the applicant to gain attendance to the examination site.

(3) The applicant shall notify the department and testing agency of any change of their mailing address.

RL 176.02 Notice of examination results. (1) An applicant for registration shall receive notification of their examination results.

(2) An applicant must receive a passing grade determined by the department to represent the minimum competence to practice. The department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.

(3) The department may refuse to release the grade or issue a certificate of registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.

RL 176.03 Reexamination. An applicant who fails to achieve passing grades on the examinations required under this chapter may reapply for examination on forms provided by the department. No applicant shall make more than 3 attempts to pass the examination within any 12 month period. For each reexamination, the applicant shall pay the reexamination fee specified by the department.

Note: Application forms are available on request to the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://drl.wi.gov.

Chapter RL 177 - UNPROFESSIONAL CONDUCT

RL 177.01 Unprofessional conduct. A registered sanitarian shall comply with the standards of practice established by s. 440.98, Stats., and this chapter. The violation of any provision of this chapter, or the aiding or abetting of any of the following, without limitation because of enumeration, constitutes unprofessional conduct and may result in disciplinary action:

(1) Making a materially false, misleading, deceptive, or fraudulent representation in an application for a certificate of registration, including but not limited to, misrepresenting qualifications, education, experience, credentials or professional affiliations.

(2) An administrative or judicial determination that the registrant has made false, misleading, deceptive, or fraudulent representations in the course of practice as a registered sanitarian.

(3) Any sanction, suspension, or disciplinary action taken against the registrant in this state or another jurisdiction arising out of any occupational or professional conduct.

(4) Violating any rule adopted by the department relating to the practice of a registered sanitarian, or any term, provision, or condition of any order issued by the department.

(5) Failing to practice as a registered sanitarian within the scope of the registrant's competence, education, training and experience.

(6) Practicing in a manner that substantially departs from the standard of care ordinarily exercised by a registered sanitarian or any gross professional negligence, incompetence, or misconduct.

(7) Failing to notify the department of any criminal conviction within 30 days after the date of conviction and failing to provide a copy of the judgment of conviction to the department. Conviction of any crime which is substantially related to the practice of a registered sanitarian shall be grounds for discipline against the registrant.

(8) Subject to ss. 111.321, 111.322 and 111.335, Stats., to have been convicted of a felony in this state or a crime in another state that if committed in this state would be a felony.

(9) Failing to cooperate in a timely manner with the department's investigation of a complaint filed against the registrant. A registrant who takes longer than 30 calendar days to respond to a request of the department is subject to a rebuttable presumption of failing to act in a timely manner under this subsection.

Notice of Hearing

Revenue

[CR 06-107]

Notice is hereby given that, pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 139.362 and 139.801, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the creation of rules relating to cigarette and tobacco products tax bad debt deductions.

Hearing Information

The hearing will be held at 9:00 A.M. on Friday, December 15, 2006, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.