Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 614, 2/28/2007

Rule-making notices

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 07-011]

NOTICE IS HEREBY GIVEN that pursuant to ss. 28.025 and 227.11 (2) (a), Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 1.21 (2) (e), Wis. Adm. Code, and the creation of s. NR 1.26, Wis. Adm. Code, relating to contracting for timber sale establishment services on state land. Section 28.025, Stats., created by 2005 Wisconsin Act 166, directs the Department to establish an annual allowable timber harvest for state forest lands. The Act instructs the Department to develop a timber sale contracting program with private “cooperating foresters" for assistance in meeting the allowable harvest goals. Proposed s. NR 1.26 would identify timber sale related tasks that could be contracted and a method for calculating the portion of timber sale revenue that would pay for the services. The proposed rule distinguishes between timber sale related tasks that can be contracted and functions that Department staff must perform to protect the resource and assure compliance with regulations and property master plans. The purpose is to divide technical activities that are appropriate for contracting from administration of finance, policy and compliance issues. The rule defines bidding and payment procedures for the contracted services, including prequalification of bidders based on experience with timber sales and related forest inventory work. Section NR 1.21 (2) (e) would also be revised to make the educational requirements for cooperating foresters consistent with those for Department foresters under s. 28.045 (1), Stats.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting forestry firms will have the opportunity to add positions and expand into providing more services on state-owned land.

b. Description of reporting and bookkeeping procedures required: No new requirements.

c. Description of professional skills required: The revised educational requirement would clarify that the Chief State Forester can identify college training that is equivalent to accreditation by the Society of American Foresters.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness @dnr.state.wi.us or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 28.025 and 227.24, Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-01-07(E) relating to contracting for timber sale establishment services on state land. This emergency order took effect on February 6, 2007. 2005 Wisconsin Act 166 provides that the rules shall be initially adopted through the emergency rule process followed by promulgation of the permanent rule. The Act also provides the emergency rule shall not lapse prior to promulgation of the permanent rule and required no finding of emergency.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Paul Pingrey at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

It is aniticipated that there will be both an increase in revenues and costs.

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 proposed rule may be submitted via U.S. mail to Mr. Paul Pingrey, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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 Mr. Pingrey.

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 07-012]

NOTICE IS HEREBY GIVEN that pursuant to ss. 28.025 and 227.11 (2) (a), Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 1.212 (3) (a), Wis. Adm. Code, relating to referral of private timber sale requests to cooperating foresters. The proposed rule revision would require referral of all timber sale requests from private landowners to cooperating foresters. DNR foresters would not provide timber harvest set-up assistance to private landowners, regardless of the size of the forest tract, unless help is not reasonably available from private enterprise cooperators. The revision also drops redundant language about refusals from cooperators to provide service.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting forestry firms and landowners who operate their woodlands as a small business.

b. Description of reporting and bookkeeping procedures required: No new requirements.

c. Description of professional skills required: No new skills are required.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness @dnr.state.wi.us or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Paul Pingrey at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

No fiscal effect is anticipated.

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 proposed rule may be submitted via U.S. mail to Mr. Paul Pingrey, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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 Mr. Pingrey.

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 07-013]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.114 and 227.11 (2) (a), Stats., interpreting s. 23.114, Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 45.075, Wis. Adm. Code, relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department. Section 23.114, Stats., directs the Department implement a rule pertaining to the chief state forester's authority to specify emergencies on forested lands under the jurisdiction of the Department. The proposed rule describes causes of unforeseen damage or threat of damage to trees that could lead the chief state forester to declare an emergency on forested lands under department jurisdiction and take management authority. Included in the list of damaging agents that could lead to the declaration of an emergency are those required by the legislature: invasive species, pest infestation, disease and damage to timber from fire, snow, hail, ice or wind. The rule states that when declaring and responding to an emergency, the chief state forester shall consider the purpose and management plan for the affected property in his or her decisions. This rule, however, would allow the chief state forester to take actions not described in the management plan for a property if that was the most appropriate response to the emergency. Finally, this rule describes the processes by which the declaration of the state of emergency shall be made effective, canceled or modified.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness @dnr.state.wi.us or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.114 and 227.24, Stats., interpreting s. 23.114, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-11-07(E) relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department . This emergency order took effect on February 6, 2007. 2005 Wisconsin Act 166 provides that the rules shall be initially adopted through the emergency rule process followed by promulgation of the permanent rule. The Act also provides the emergency rule shall not lapse prior to promulgation of the permanent rule and required no finding of emergency.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss-Torrance at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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 proposed rule may be submitted via U.S. mail to Dr. Andrea Diss-Torrance, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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 Hearings

Natural Resources

(Fish, Game, etc.)

[CR 07-014]

[CR 07-015]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.039, 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.531, 29.533, 29.014 (1), 29.039 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20 and 26, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin. The proposed changes:

1. Eliminate restriction on maximum allowable size of landing nets. Current administrative code stipulates that landing nets may not exceed 36" diameter.

2. Implement 50" minimum size limit for muskellunge on the St. Louis River. This proposal is being made concurrently with the Minnesota Department of Natural Resources.

3. Stipulate that spears and arrows used for fishing have barbed tips.

4. Increase the daily bag limit for walleye, sauger and their hybrids in Mineral Lake, Ashland County from 3 fish to 5 fish and replace the current 18" minimum size limit with no minimum, but only one fish larger than 14" may be kept.

5. Authorize seining and dipnetting for rainbow smelt in Beaver Dam Lake, Barron County with a continuous open season and no restrictions on harvest hours. A maximum allowable size for seines is specified.

6. Create a 26" minimum size limit for trout in Beaver Dam Lake, Barron County with a one fish daily bag limit, and create a 15" minimum size limit for trout in the Hay River, Barron County, with a one fish daily bag limit.

7. Create an 18" minimum size limit for walleye in the Red Cedar chain of lakes (lakes Balsam, Red Cedar and Hemlock), Barron and Washburn Counties.

8. Reduce the daily bag limit for panfish in Middle Eau Claire and Bony Lakes, Bayfield County, from 25 fish to 10 fish.

9. Extend the 45" minimum length limit for muskellunge in Lakes Monona, Waubesa and Wingra, Dane County to tributaries and connecting waters of those lakes.

10. Implement minimum size and bag limits for brown trout and lake trout, and an 18" minimum size limit and 3 fish daily bag limit for walleye in Keyes Lake, Florence County.

11. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Kettle Moraine and Long Lakes, Fond du Lac County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

12. Increase the daily bag limit for largemouth and smallmouth bass in the Gile Flowage, Iron County, from 2 fish to 3 fish, aggregate, and change the 15" minimum size limit to no minimum, but no fish between 14" and 18" may be kept and only one fish larger than 18" may be kept.

13. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in the Buffalo (upstream of highway 93) and Trempealeau Rivers (upstream of the dam in Blair), Jackson and Trempealeau Counties, and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

14. Eliminate the continuous open season for game fish on the Yellowstone River, Lafayette County.

15. Eliminate special regulations for trout on a section of the Prairie River, Lincoln County.

16. Implement a 3 fish aggregate daily bag limit for largemouth and smallmouth bass in Big Bass and Mission Lake, Marathon County, with no minimum size limit but no fish between 14"and 18" may be kept and only one fish larger than 18"may be kept.

17. Eliminate special regulations for trout in Plum Creek, Pepin County, eliminate special regulations for trout in the Kinnickinnic River and Plum Creek in St. Croix County, and change trout regulations on reaches of the Kinnickinnic River in Pierce County.

18. Implement a 3 fish aggregate daily bag limit for largemouth and smallmouth bass in Pipe Lake, Polk County with no minimum size limit but no fish between 14" and 18" may be kept and only fish larger than 18" may be kept.

19. Reduce the daily bag limit for panfish from 25 fish to 10 fish in all inland waters of St. Croix County and Cedar Lake, which is in Polk and St. Croix Counties.

20. Implement a 3 fish daily bag limit for walleye in Cedar Lake, Polk and St. Croix Counties, with no minimum size limit but no fish between 14" and 18" may be kept and only one fish larger than 18" may be kept.

21. Implement a 5 fish daily bag limit for walleye in Butternut Lake, Price County, with no minimum size limit but only one fish larger than 14" may be kept.

22. Implement restrictive bag and size limits for panfish, largemouth and smallmouth bass and northern pike in Eagle Lake, Racine County.

23. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Crystal Lake, Sheboygan County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

24. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Little Cedar Lake, Washington County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

25. Create 3 fish refuges below dams in the Sugar River, Green County and create a fish refuge on the Yahara River below the Dunkirk Dam, Dane County.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.09 (2) (b), 29.014, 29.089, 29.091, 29.164 (4) (b), 29.184 (6), 29.197 (2) and 29.597, Stats., interpreting ss. 23.09 (2) (b), 29.014, 29.089, 29.041, 29.091, 29.164 (4) (b), 29.184 (6), 29.197 (2) and 29.597, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 15, 17 and 19, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed changes:

1. Reduce the number of turkey management zones from the current 46 to 7.

2. Rename Bear Hunting Zone A1 as Zone D.

3. Eliminate the open season for jackrabbits.

4. Establish a nonresident trapping season for raccoons that begins 2 weeks after the start of the season for residents.

5. Legalize the use of shotgun slugs for hunting species other than game birds and allow the use of buckshot for hunting bobcat at all times during that season.

6. Require the display of blaze orange on ground blinds used on department lands during seasons when hunters are required to wear blaze orange.

7. Prohibit deer feeding near dwellings and businesses when feed is being used by bear or elk.

8. Prohibit open water hunting on Mississippi River Pool 11 to match U.S. Fish & Wildlife Service regulations for the Upper Mississippi River National Fish & Wildlife Refuge.

9. Change closed area boundaries and create new closed areas on the Upper Mississippi River Wildlife and Fish Refuge to make them consistent with those adopted by the U.S. Fish & Wildlife Service.

10. Establish a closed area at the Wisconsin River Delta of the Upper Mississippi River National Fish and Wildlife Refuge beginning on November 1 each year for consistency with the U.S. Fish & Wildlife Service.

11. Expand the time when cable restraints may be used for coyote and fox, allow their use for a portion of the bobcat season, and modify cable size standards.

12. Establish a fee of $12.00 for the course of instruction under the trapper education program and $28 for correspondence courses that require out-of-state mailing.

13. Apply existing trap size, type and placement regulations to licensed wild fur farms.

14. Create an archery season for deer and special tags in Unit 79, Apostle Islands National Lakeshore.

15. Create a 9-day, shotgun-only deer hunting season at Lake Wissota State Park and create Deer Management Unit 59E.

16. Eliminate the 19-day muzzleloader-only deer hunting season at Brunet Island State Park and create a 9-day shotgun-only season in its place.

17. Establish a 2:00 p.m. closing time for pheasant hunting at Mud Lake Wildlife Area in Columbia County and Pine Island Wildlife Area in Sauk and Columbia Counties.

18. Create a pilot program to allow fall turkey hunting with the aid of dogs in certain counties.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 16, 2007, the Wisconsin Conservation Congress will hold its election of county delegates in each county. Upon completion of the delegate elections, the joint Spring Hearing/Conservation Congress meeting will convene to take comments on the foregoing rule modifications.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 16, 2007 at 7:00 p.m. at the following locations:

Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at: http://drl.wi.gov.

Ashland: Ashland Senior High School, Auditorium, 1900 Beaser Ave., Ashland

Barron: Old Courthouse Building Lower Level, Auditorium, 330 E LaSalle Ave., Barron

Bayfield: Drummond High School, 40 Eastern Ave., Drummond

Brown: Green Bay Southwest High School, Auditorium, 1331 Packerland Drive, Green Bay

Buffalo: Alma High School, Auditorium, S1618 State Rd. 35, Alma

Burnett: Siren Government Center, Room 165, 7410 County Road K, Siren

Calumet: Calumet County Courthouse, B025, 206 Court Street, Chilton

Chippewa: Chippewa Falls Middle School, Auditorium "A", 750 Tropicana Blvd., Chippewa Falls

Clark: Greenwood High School, Cafetorium, 306 W. Central Ave., Greenwood

Columbia: Turner Junior High School, 2505 New Pinery Road, Portage

Crawford: Crawford County Courthouse, Court Room, 220 N. Beaumont Road, Prairie cu Chien

Dane: Dane County Alliant Energy Center, 1919 Alliant Energy Way, Madison

Dodge: Horicon City Hall, 404 Lake Street, Horicon

Door: Sturgeon Bay High School, Auditorium, 1230 Michigan, Sturgeon Bay

Douglas: Superior Senior High School, 2600 Catlin Avenue, Superior

Dunn: Dunn County Fish And Game Club, 1900 Pioneer Ave., Menomonie

Eau Claire: South Middle School, Auditorium, 2115 Mitscher Ave., Eau Claire

Florence: Florence Natural Resources Center, Large Conference Room, Highway 70/101, Florence

Fond du Lac: Theisen Middle School, Auditorium, 525 E Pioneer Road, Fond du Lac

Forest: Crandon High School, Auditorium, 9750 USH 8 W, Crandon

Grant: Lancaster High School, Auditorium, 806 East Elm Street, Lancaster

Green: Monroe Middle School, Auditorium, 1510 13th Street, Monroe

Green Lake: Green Lake High School, Small Gym, 612 Mill St., Green Lake

Iowa: Dodgeville High School, Gymnasium, 912 West Chapel Street, Dodgeville

Iron: Iron County Court House, Main Courtroom, 300 Taconite, Hurley

Jackson: Black River Falls Middle School, LGI, 1202 Pierce Street, Black River Falls

Jefferson: Jefferson County Fairgrounds, Activity Center, 503 N. Jackson Ave., Jefferson

Juneau: Juneau County Courthouse, Second Floor - County Board Room, 220 E. State Street, Mauston

Kenosha: Bristol Grade School, Auditorium, 20121 83rd Street, Bristol

Kewaunee: Kewaunee High School, Auditorium, 911 2nd Street, Kewaunee

La Crosse: Onalaska High School, Field House, 700 Hilltop Place, Onalaska

Lafayette: Darlington High School, Auditorium, 11838 Center Hill Road, Darlington

Langlade: Antigo High School, Media\Tech Room, 1900 10th Avenue, Antigo

Lincoln: Tomahawk Middle School, 1048 East Kings Road, Tomahawk

Manitowoc: UW Manitowoc, Theater, 705 Viebahn Street, Manitowoc

Marathon: D.C. Everest Middle School, Auditorium, 9302 Schofield Avenue, Schofield

Marinette: Crivitz High School, Auditorium, 400 South Ave, Crivitz

Marquette: Montello High School, Community Room, 222 Forest Lane, Montello

Menominee: Menominee County Courthouse, Basement, Courthouse Lane, Keshena

Milwaukee: Greenfield High School, Auditorium, 4800 South 60th Street, Greenfield

Monroe: Tomah High School, 901 Lincoln Ave., Tomah

Oconto: Suring High School, Cafeteria, 411 E. Algoma St., Suring

Oneida: James Williams Jr. High, Auditorium, 915 Arcadia, Rhinelander

Outagamie: Riverview Middle School, Auditorium, 101 Oak Street, Kaukauna

Ozaukee: Webster Middle School, Commons, W75 N624 Wauwatosa Road, Cedarburg

Pepin: Pepin County Government Center, County Board Room, 740 7th Avenue W., Durand

Pierce: Ellsworth Senior High School, Auditorium, 323 Hillcrest, Ellsworth

Polk: Unity High School, Gymnasium, 1908 150th Street/Hwy 46, Balsam Lake

Portage: Ben Franklin Middle School, Auditorium, 2000 Polk Street, Stevens Point

Price: Price County Courthouse, County Board Room, 126 Cherry Street, Phillips

Racine: Union Grove High School, Auditorium, 3433 S. Colony Ave., Union Grove

Richland: Richland County Courthouse, Court Room, 181 West Seminary, Richland Center

Rock: Janesville Moose Lodge, 2701 Rockport Ave., Janesville

Rusk: Ladysmith High School, Auditorium, 1700 Edgewood Ave., East Ladysmith

Sauk: UW Baraboo, R.G. Brown Theater, 1006 Connie Road, Baraboo

Sawyer: Hayward High School, Auditorium, 10320 Greenwood Lane, Hayward

Shawano: Shawano Middle School, LG Room, 1050 S. Union Street, Shawano

Sheboygan: Sheboygan Falls High School, Auditorium, 220 Amherst Avenue, Sheboygan Falls

St. Croix: WI Indianhead Technical College, Cashman Auditorium, 1019 S. Knowles Ave., New Richmond

Taylor: Taylor Co. Fairgrounds, Multipurpose Building, State Hwy 13 and Hwy 64 Intersection, Medford

Trempealeau: Whitehall City Center, Gymnasium, 36245 Park Street, Whitehall

Vernon: Viroqua High School, Lecture Room, 100 Blackhawk Drive, Viroqua

Vilas: Sayner Community Center, Golf Course Road, Sayner

Walworth: Delavan/Darien High School, Auditorium, 150 Cummings, Delavan

Washburn: WI Ag Research Station, Conference Room, W6646 Hwy 70, Spooner

Washington: Washington County Fair Park, Exhibit Hall, 3000 Hwy PV, West Bent

Waukesha: Waukesha Co. Tech. College (WCTC), C052, 800 Main Street, Pewaukee

Waupaca: Waupaca High School, Auditorium, E2325 King Road, Waupaca

Waushara: Waushara County Court House, County Board Room, 209 S. St. Marie, Wautoma

Winnebago: Webster Stanley Auditorium, Auditorium, 915 Hazel Street, Oshkosh

Wood: Pittsville High School, Auditorium, 5459 Elementary Ave., Pittsville

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call AnnMarie Kutzke at [phone] with specific information on your request by April 9, 2007.

Fiscal Estimate

Establishing a deer hunting season at Lake Wissota State Park would increase department costs. One time costs of $600 would result from creating maps that indicate where hunting is allowed and new signs. Additionally, there would be annual costs of approximately $350 for reproducing maps and efforts to inform the public through the media that hunting is taking place. There should be no additional law enforcement costs because the park already has full time staff who work during the deer season.

Creating a non-resident trapping season for raccoons will result in a minor increase in the sales of two licenses, the Non-resident Trapping license and the Conservation Patron license. It is impossible to estimate how many additional licenses will be sold so an estimate of the amount of increased revenue is not available.

Establishing a 2 p.m. close of pheasant hunting hours at Pine Island and Mud Lake Wildlife Areas would require a one time expense of approximately $6,300 for new signage on the properties. These costs include, labor and fringe for a limited term employee, mileage, and materials.

Increasing the cost of a trapper education course from $8.00 to $12.00 and establishing a fee of $28 for correspondence courses that require out-of-state mailing will result in a revenue increase for the department of approximately $1,738. This estimate assumes that a similar number of students will participate as in 2005, when 869 students students took the classroom course of instruction under the Trapper Education Program and another 177 took the correspondence course. This estimate also assumes that instructors keep half of the fee as they are authorized to do in order to cover their expenses for the course. Actual revenue to the department could be higher if an increase in the number of non-resident students results from 2005 ACT 284 which authorizes non-resident trapping and requires Wisconsin trapper education certification.

Creating special tags for hunting in the Apostle Islands National Lakshore, DMU 79, will result in increased costs of approximately $500 anually for designing or updating the tags and printing.

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 17, 2007. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.

Notice of Hearing

Natural Resources

[CR 07-016]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.11(1) and (6), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on the creation of ss. NR 428.20 to 428.28, Wis. Adm. Code, and amendments to ss. NR 428.04 (2) (h) and 428.05 (3) (e) and 484.04, Wis. Adm. Code, relating to the establishment of rules for reasonable available control technology (RACT) emission requirements for major sources of NOx emissions in the southeast 8-hour ozone nonattainment counties of Kenosha, Racine, Milwaukee, Waukesha, Washington, Ozaukee, and Sheboygan.

In June 2004, the US EPA designated the Wisconsin counties addressed by the rule as “moderate" nonattainment areas for the 8-hour ozone ambient air quality standard. The designation triggered federal Clean Air Act requirements for implementation of “reasonably available control technology" (RACT) for major stationary sources of NOx and volatile organic compounds (VOC) by May 1, 2009. The Department is proposing this rule package to meet the RACT requirement for major sources of NOx emissions. The Department previously adopted RACT rules for VOC sources to address the previous 1-hour ozone standard.

The proposed rule affects facilities with the potential to emit 100 tons or more of NOx per year in the moderate ozone nonattainment areas. However, the emission requirements apply to individual emission units, such as a boiler or furnace, at the affected facilities. It is possible that an emission unit contributing to a major source's potential to emit may not be subject to a RACT requirement. Likewise, an emission unit identified by a RACT source category, but at a facility with a potential to emit less than 100 tons per year, will not be subject to a RACT requirement.

The emission requirements proposed in the rule consist of NOx emission limitations and combustion tuning requirements applicable on a year-round basis. The emission limitations are established by source categories with an emission unit size threshold based on available control technologies and cost-effectiveness. Combustion tuning requirements apply to the emission units subject to emission limitations, as well as to smaller emission units. The emission limit and combustion tuning requirements are established based on a cost-effectiveness of $2,500 or less per ton of controlled NOx emissions. The rule contains exemptions from both RACT requirements for certain types of emission units demonstrating low operating levels during the ozone season. An additional exemption recognizes that the NOx emissions of certain smaller emission units are already well controlled under existing ch. NR 428 provisions and no further action is cost-effective in meeting a NOx RACT emission limit.

The proposed rule contains several provisions to address technical issues and provide compliance flexibility. The rule proposes a specific phased schedule applicable to large coal boilers owned or operated by electric utilities in order to maintain electric reliability, with final compliance by May 1, 2013. For compliance flexibility, the rule allows facility-wide and multi-facility emission averaging between emission units at the affected facilities. An affected entity may also request an alternate RACT requirement for an emission unit based on a technical and economic demonstration.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. The proposed RACT rules impose no reporting, compliance or performance standards on small businesses. The requirements to emission units owned and operated by electric utilities may increase the cost of electricity and therefore may have an indirect impact on small businesses through higher electricity costs.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, March 15, 2007 at 2:00 p.m.

Room 140-141, DNR Southeast Region Headquarters, 2300 North Dr. Martin Luther King Jr. Dr., Milwaukee, WI at 2:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at [phone] or by e-mail to Robert.Eckdale @wisconsin.gov. with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The Department is proposing this rule package to meet Clean Air Act requirements for implementing a reasonably available control program for NOx emissions from major sources capable of emitting 100 tons per year or more of nitrogen oxides in the moderate ozone non-attainment counties. The affected emission units include electric utility generating units and industrial combustion emission units. The majority of emission units are subject to emission limitations and good combustion requirements with a set of smaller emission units only subject to good combustion requirements.

1. Impact on the Department: The annual emissions fees paid to the department are affected by the reduction in NOx emissions. The estimated reduction related to RACT controls achieved by 2013 is approximately 19,000 tons of NOx annually below 2004 emission levels. The related reduction in emission fees or reduced revenue to the department is approximately $400,000 to $450,000 per year based on the current emission fee schedule.

2. Impact to government affected facilities: The UW-Milwaukee facility has three boilers used for heating and cooling purposes. The units already have combustion modifications in place sufficient to meet rule emission limitation requirements. The facility may have to implement recordkeeping and additional monitoring to meet good combustion requirements at a minimum net cost increase.

3. Impact on non-government affected facilities: These cost estimates are based on general cost assumptions and factors applicable to each of the source categories.

The proposed rule requires the most significant reductions from thirteen coal-fired electric utility boilers. The primary cost of reduction for electric generating units is due to the anticipated installation and operation of major

The proposed rule and supporting documents, including the fiscal estimate may be reviewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-17-05.) Written comments on the proposed rule may be submitted via U.S. mail to Mr. Tom Karman, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Mr. Karman at [e-mail]. Comments may be submitted until March 19, 2007. 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Notice of Hearings

Natural Resources

(Environmental Protection - Air Pollution Control)

[CR 07-017]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 433 and s. NR 484.04 (11m), Wis. Adm. Code, relating to the best available retrofit technology (BART) requirements for visibility protection.

The Department is proposing a rule to address BART related State Implementation Plan (SIP) revisions which are required by the federal regional haze rule. The Federal regulations require all states, including Wisconsin, to develop State Implementation Plans to address visibility impairment in mandatory Class I Federal Areas (Class I Areas) by December 2007. One of the provisions of the federal regulations is the application of BART requirements to major stationary sources that meet certain criteria relating to amount and type of emissions, installation date and source category. The proposed rule requires that the affected facilities perform an engineering analysis for the BART determination which shall be based on an analysis of the best systems of continuous emission control technology available and associated emission reductions achievable for each source subject to BART. This analysis is to be performed on a source-by-source basis taking into account the criteria provided by the federal regulation. The net effect of the proposed rule would be to examine potential emission control technologies for SO2, NOx and particulate matter from approximately 10 power plants and 4 pulp and paper mills that meet the criteria in the federal regulations and to determine BART for those emission sources.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. The requirements to emission units owned and operated by electric utilities and paper manufacturers may increase the cost of their products and therefore may have an indirect impact on small businesses through higher electricity costs or the costs of paper products.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, March 13, 2007 at 1:00 p.m.

Marathon County Public Library, Wausau Room, 300 N. First Street, Wausau, WI

Thursday, March 15, 2007 at 1:00 p.m.

Room 140-141, DNR Southeast Region Headquarters, 2300 North Dr. Martin Luther King Jr. Dr., Milwaukee, WI

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at [phone] or by e-mail to [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Impact on the Department: Due to the emission reductions required by the rule, the annual emission fees paid to the Department are affected. An accurate emission reduction estimate is not available at this time, since the rule requires a source specific engineering analysis for determination of emission reductions. In addition, some of the sources affected by this rule would be subject to other rules, such as RACT and CAIR, as well. Those rules, still in development, require emission reductions of one or more of the same air pollutants. These uncertainties make it difficult to estimate the emission reductions resulting from the proposed rule. However, assuming emission reductions typically achievable for the affected sources, the emission reductions and the annual emission fees can be estimated. Assuming that there would be no changes to the fee structure for the air program in the intervening years, the decrease in revenues (based on the reduced tonnage of emissions assumed) would be approximately $900,000 per year in 2014 and after.

Impact on the City of Manitowoc: This rule would impact one local government facility operated by Manitowoc Public Utility (MPU). MPU operates three coal fired boilers at its power plant. One of them, Unit 7, is affected by the BART rule. Depending on the results of the site-specific BART determination, the source may need to be retrofitted with NOx and SO2 control systems. Since the rule requires an extensive evaluation of control technologies, costs and other considerations, the fiscal effect of the rule cannot be accurately estimated at this time. Assuming installation of equipment to attain the maximum level of NOx and SO2 control, the maximum capital and operational costs should not exceed $1.5 million per year starting no later than 2014.

Impact on affected facilities: The proposed BART rule would require emission controls on certain power plants and industrial sources. The vast majority of emissions are from the affected power plants. Depending on the results of the site specific BART determinations, the sources may need to be retrofitted with NOx and SO2 control systems. Since the rule requires an extensive evaluation of control technologies, costs and other considerations, the specific fiscal effect of the rule cannot be accurately estimated at this time. However, assuming installation of equipment to attain the maximum level of NOx and SO2 control, the maximum capital and operational costs should not exceed $270 million per year starting no later than 2014. Additionally, the Department expects the electric utilities to use emission reductions from application of BART controls to comply with CAIR, significantly reducing the cost of CAIR compliance.

It should be noted that the cost impacts on the industrial sources can vary in wide ranges. However, the Department expects the annual costs of air pollution controls for industrial sources to be relatively low compared to the costs for power plants.

The proposed rule and supporting documents, including the fiscal estimate may be reviewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-04-06.) Written comments on the proposed rule may be submitted via U.S. mail to Mr. Farrokh Ghoreishi, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Mr. Ghoreishi at:
[e-mail]

Comments may be submitted until March 19, 2007. 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Notice of Hearings

Workforce Development

(Worker's Compensation)

[CR 07-019]

NOTICE IS HEREBY GIVEN that pursuant to ss. 102.15 (1), 102.16 (2m) (g), and 227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes affecting chs. DWD 80 and 81, relating to worker's compensation and affecting small businesses.

Hearing Information

Thursday, March 22, 2007

9:00 a.m. to 12:00 noon

The hearing will be conducted at the following 6 locations simultaneously using video conference technology:

Madison

UW-Extension

Pyle Center, Room 235

702 Langdon Street

Eau Claire

State Office Building, Room 139

718 W. Clairemont Avenue

Green Bay

State Office Building, Room 618

200 N. Jefferson Street

La Crosse

State Office building, Room B29

3550 Mormon coulee Road

Milwaukee

State Office Building, Room 98

819 N. 6th Street

Superior

Department of Transportation Building

Conference Room

1701 N. 4th Street

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 102.15 (1), 102.16 (2m) (g), and 227.11 (2) (a), Stats.

Statutes interpreted: Sections 102.11 (1) (f), 102.13 (2) (c), 102.16 (1), 102.16 (2m) (g), 102.18 (1) (e), 102.32 (6m), 102.37, 102.38, 102.54, and 102.59, Stats.

Related statutes: NA

Explanation of agency authority. Section 102.15 (1), Stats., provides that subject to Chapter 102, Stats., the department may adopt its own rules of procedure and may change the same from time to time.

Section 102.16 (2m) (g), Stats., as amended by 2005 Wisconsin Act 172, directs the department to promulgate rules establishing standards for determining the necessity of treatment provided to injured employees and provides that the rules establishing the standards shall, to the greatest extent possible, be consistent with Minnesota worker's compensation treatment parameters.

Summary of proposed rule. The proposed rules make the following changes, as agreed to by the Worker's Compensation Advisory Council.

Supplementary reports by employers and insurance companies. Under the current rule self-insured employers and insurance companies are required to submit supplementary reports within 30 days after the final compensation payment is made in cases where there is payment for more than 3 weeks of temporary disability or any permanent disability. The proposed amendment will also require the filing of the reports in cases where the injured employee has undergone surgery to treat an injury, other than surgery to correct a hernia. Section 102.13 (2) (c ), Stats., as created by 2005 Wisconsin Act 172, provides that the department may by rule require this report.

Compromise settlements. The proposed amendment to s. DWD 80.03 (1) (d) will increase the amount of unaccrued compensation or death benefits that may be paid in a lump sum to the injured employee or his or her dependents from $5,000 to $10,000.

The proposed amendment to s. DWD 80.03 (1) (g) is a technical amendment that updates the name of the Department of Industry, Labor and Human Relations to the current Department of Workforce Development.

Payment of orders awarding compensation. The proposed rules will repeal s. DWD 80.15. This section is no longer necessary because s. 102.18 (1) (e), Stats., as created by 2001 Wisconsin Act 37, established a uniform 21 day payment standard for all orders awarding compensation, including awards resulting from hearings, defaults of parties, and compromises and stipulations confirmed by the Worker's Compensation Division.

Minimum rating for permanent partial disability. The proposed amendment to s. DWD 80.32 (11) provides a minimum permanent partial disability rating of 7.5% at each level of the spine for the implantation of an artificial spinal disc.

Advancements and lump sum payments. The amendment to s. DWD 80.39 (1) is a technical amendment to correct the statutory reference authorizing the Worker's Compensation Division to approve advancements and lump sum payments of compensation for permanent disability and death benefits. In a recent amendment, s. 102.32 (6), Stats., was renumbered s. 102.32 (6m), Stats.

Vocational rehabilitation benefits. The amendments to s. DWD 80.49 (2), (7) (b), and (8) are technical amendments that update the reference to the Department of Health and Family Service to the Division of Vocational Rehabilitation. These amendments are necessary to reflect that the Division of Vocational Rehabilitation is now a division of the Department Workforce Development.

Computation of compensation for permanent disabilities. Section 102.54, Stats., provides for an increase in compensation for injuries to the dominant hand that result in any amputation beyond two-thirds (2/3) of a distal phalanx of any finger or 100% loss of use of any joint on a hand or arm. The amendments to s. DWD 80.50 (1) (a), (2), and (3) update the rule to include reference to the increased permanent partial disability for injuries to the dominant hand. The amendments clarify that compensation based on the increase for dominant hand injuries is to be computed in the same manner as other multiple injury factors under s. 102.53, Stats.

Computation of weekly wage. The proposed amendment to s. DWD 80.51 (4) establishes a 24-hour minimum workweek for employees who are members of a regularly scheduled class of part-time employees under s. 102.11 (1) (am), Stats. The former law provided for a 30-hour workweek for part-time employees who were part of a class. The amendment is to correctly reflect the current law setting a 24-hour workweek for part-time employees working as part of a class.

Compensation from the Second Injury Fund. The proposed amendments to s. DWD 80.68 (1) and (3) are technical amendments to correct the statutory reference that authorizes the Worker's Compensation Division to approve advancements and lump sum payments of compensation for permanent disability and death benefits. In a recent amendment, s. 102.32 (6), Stats., was renumbered s. 102.32 (6m), Stats.

Reasonableness of fee disputes. In a recent amendment to s. 102.16 (2) (d), Stats., the definition of “formula amount " for establishing reasonable fees was changed from 1.5 to 1.4 standard deviations from the mean for that procedure as shown by data from a certified database. Section DWD 80.72 (2) (i) is amended to reflect this statutory change.

Section DWD 80.72 (L) is amended to include advanced practice nurse prescriber in the definition of “provider" or “health service provider." In a recent amendment to s. 102.42 (2), Stats., advanced practice nurse prescribers were added as a choice of practitioner that injured employees were permitted to select for treatment for work-related injuries.

Necessity of treatment disputes. The proposed amendment to s. DWD 80.73 (2) (d) is a technical amendment to include physician assistant and advanced practice nurse prescriber to the definition of “ provider." In a recent amendment to s. 102.42 (2), Stats., physician assistant and advanced practice nurse prescriber were added as choices of practitioner that injured employees were permitted to select for treatment for work-related injuries.

Treatment guidelines for necessity of treatment disputes. The creation of Chapter DWD 81 is the result of a Study Committee formed by the Worker's Compensation Advisory Council to study the cost of health care services provided for the treatment of injured employees. The Study Committee recommended to the Worker's Compensation Advisory Council that Wisconsin adopt worker's compensation treatment guidelines to be used by impartial health services review organizations and experts from a panel of experts selected by the department to render opinions to resolve necessity of treatment disputes arising under s. 102.16 (2m), Stats., and s. DWD 80.73. Currently there are no provisions in Ch. 102, Stats., or Chapter DWD 80 that establish guidelines for review organizations and experts to use in rendering opinions to resolve necessity of treatment disputes.

The Study Committee recommended that the Wisconsin treatment guidelines follow the model of the Minnesota Worker's Compensation Treatment Parameters to the extent the Minnesota parameters are consistent with existing Wisconsin worker's compensation law. The Worker's Compensation Advisory Council agreed. This recommendation was adopted into law in 2005 Wisconsin Act 172. Section 102.16 (2m) (g), Stats., as amended by 2005 Wisconsin Act 172, directs the department to promulgate rules establishing standards for determining the necessity of treatment provided to injured employees and provides that the rules establishing the standards shall, to the greatest extent possible, be consistent with Minnesota rules 5221.6010 to 5221.8900, as amended to January 1, 2006.

The proposed Chapter DWD 81 contains the Minnesota treatment parameters that are consistent, to the greatest extent possible, with current Wisconsin law. The Minnesota rules contain certain provisions that conflict with Wisconsin law and these provisions are not included in Chapter DWD 81. The provisions in the Minnesota rules that are not included in Chapter DWD 81 cover the following:

Requirements for prior notice by health care providers to insurers before administering treatment that is a departure from the guidelines. Under Wisconsin law there is no requirement for prior notification to an employer or insurer before providing any form of treatment to an injured employee.

Requirements for health care providers to follow in referring injured employee to another health care provider. Under Wisconsin law there is no statutory requirement for a health care provider to follow in referring an injured employee to another health care provider for treatment.

Requirements for treating health care providers to obtain second opinions before certain modalities of treatment can be provided to injured employees. There is no statutory requirement under Wisconsin law that requires a second opinion to approve any treatment.

Recognition of certified managed care plans. Under Wisconsin law injured employees cannot be required to obtain treatment from a certified managed care plan and have the right to select their own treating practitioner licensed in and practicing in Wisconsin.

Requirement for the Worker's Compensation Division to maintain outcome studies on treatment modalities provided to treat injured employees for work-related injuries. In Wisconsin, there is no statutory requirement that the Worker's Compensation Division conduct or maintain outcome studies for treatment provided to injured employees.

Disciplinary action and penalties against health care providers for providing excessive treatment to injured employees. There is no statutory authority in Wisconsin for authorizing the Worker's Compensation Division to impose disciplinary action or penalties against health care providers.

Section 102.16 (2m) (g), Stats., as amended by 2005 Wisconsin Act 172, also created a Health Care Providers Advisory Committee for the purpose of advising the Worker's Compensation Division and the Worker's Compensation Advisory Council before amending the rules establishing the treatment guidelines. The Health Care Provider Advisory Committee reviewed the proposed rules and their suggested modifications have been incorporated. The Minnesota rules were promulgated on the basis of standard current medical practice as it existed in the early 1990s. The modifications suggested by the Health Care Provider Advisory Committee replaced outdated terminology and updated certain substantive provisions to reflect current standard practice.

The proposed Chapter DWD 81 is organized in the same general format as the Minnesota rules. Sections DWD 81.01 to 81.13 cover the same subjects and topics included in the Minnesota rules that are consistent with Wisconsin law but do not include matters that are contrary or inconsistent with Wisconsin law. Section DWD 81.14 applies to the Health Care Provider Advisory Committee.

The following is a summary of the provisions in Chapter DWD 81:

DWD 81.01 states the purpose of the rules is to establish guidelines for necessary treatment of patients with compensable worker's compensation injuries to prevent unnecessary treatment under s. 102.16 (2m), Stats.

DWD 81.02 provides that the ICD-9-CM diagnostic codes referenced in the rules are contained in the fourth edition of the International Classification of Diseases, Clinical Modification, 9th Revision, 1994, and corresponding annual updates.

DWD 81.03 contains definitions of medical terms that appear throughout the rules.

DWD 81.04 covers general treatment guidelines and the responsibility of health care providers to evaluate whether treatment modalities result in progressive improvement of the employee. This section also enumerates the 5 exceptions that justify departure from the guidelines. The exceptions that justify departure from he guidelines include the following:

There is a documented medical complication.

Previous treatment did not meet the accepted standard of practice and meet the guidelines in this chapter for the health care provider who ordered the treatment.

The treatment is necessary to assist the employee in the initial return to work where the employee's work activities place stress on the body part affected by the work injury.

The treatment continues to meet two of the following three criteria documented in the medical record (1) The employee's subjective complaints of pain are progressively improving; (2) The employee's objective clinical symptoms are progressively improving; (3) The employee's functional status, especially vocational activity, is objectively improving.

There is an incapacitating exacerbation of the employee's condition.

DWD 81.05 establishes the treatment guidelines for general medical imaging procedures and specific imaging procedures for low back pain. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules to reduce the time to initiate CT and MRI scanning from eight weeks to four weeks because these procedures may be more useful if done at an earlier point in time after the injury. The Health Care Provider Advisory Committee also recommended deleting the term gadolinium, as used in the Minnesota rules covering MRI enhanced scanning, because other contrast agents are being developed and coming into use.

DWD 81.06 creates treatment guidelines for low back pain. This section includes diagnostic procedures, general treatment guidelines, passive and active treatment modalities, therapeutic injections, surgery, chronic management, durable medical equipment, treatment evaluation by health care providers, and medication management. Specific treatment guidelines are also included in this section for regional low back pain and specific low back conditions such as radicular pain and cauda equina syndrome. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules to increase the maximum active treatment frequency from three to five times during the first week because patients should have the same frequency for treatment by active treatment modalities as passive treatment modalities. The Health Care Provider Advisory Committee also modified the Minnesota rules by changing the subsection title of “Scheduled and Nonscheduled Medication" to “Medication Management" because this provides a better descriptive umbrella to cover the subsection. The Health Care Provider Advisory Committee also recommended modifying the Minnesota rules by changing the terms “dorsal column stimulator" to “spinal cord stimulator" and “morphine pump" to “intrathecal drug delivery system" to use current terminology.

DWD 81.07 creates treatment guidelines for neck pain. This section includes diagnostic procedures, general treatment guidelines, passive and active treatment modalities, therapeutic injections, surgery, chronic management, durable medical equipment, treatment evaluation by health care providers, and medication management. Specific treatment guidelines are also included in this section for regional neck pain and specific neck conditions involving radicular pain with static and progressive neurological deficits, and myelopathy. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules by using the terms “Medication Management," “spinal cord stimulator" and “intrathecal drug delivery system" as in s. DWD 81.06.

Section DWD 81.08 creates treatment guidelines for thoracic back pain. This section includes diagnostic procedures, general treatment guidelines, passive and active treatment modalities, therapeutic injections, surgery, chronic management, durable medical equipment, treatment evaluation by health care providers, and medication management. Specific treatment guidelines are also included in this section for regional thoracic back pain and specific thoracic back conditions including radicular pain, and myelopathy. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules to use the terms “Medication Management," “spinal cord stimulator," and “intrathecal drug delivery system" as in s. DWD 81.06.

Section DWD 81.09 creates treatment guidelines for upper extremity disorders. This section includes diagnostic procedures, general treatment guidelines, passive and active treatment modalities, therapeutic injections, surgery, chronic management, durable medical equipment, treatment evaluation by health care providers, and medication management. Specific treatment guidelines are also included for epicondylitis; tendonitis of forearm, wrist, and hand; nerve entrapment syndromes, muscle pain syndromes; shoulder impingement syndromes; and traumatic sprains and strains of the upper extremity. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules to use the terms “Medication Management," “spinal cord stimulator," and “intrathecal drug delivery system" as in s. DWD 81.06.

Section DWD 81.10 creates treatment guidelines for complex regional pain syndrome of the upper and lower extremities. This section includes a scope defining this clinical category, initial non surgical involvement, surgery and chronic management. The Minnesota rules referred to this clinical category as reflex sympathetic dystrophy. The Health Care Provider Advisory Committee recommended that the name for this clinical category be changed from reflex sympathetic dystrophy to complex regional pain syndrome because the former title is outdated and the clinical category is currently more commonly referred to as complex regional pain syndrome. The Health Care Provider Advisory Committee also recommended modifying the diagnostic criteria in the Minnesota rules to conform with the diagnostic guidelines issued by the International Association of the Study of Pain because the use of these criteria are more accurate in diagnosing complex regional pain syndrome and the criteria specified in the Minnesota rules are now outdated.

Section DWD 81.11 establishes treatment guidelines for inpatient hospitalization. This section includes general principles for inpatient hospitalization and specific requirements for hospital admission of patients with low back pain. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules in this section to include that some patients who are in hospitals recovering from surgical, diagnostic, or other medical procedures, or are in observation status, are not in the clinical criteria for inpatient status and are therefore not considered patients or billed as patients.

Section DWD 81.12 creates treatment guidelines for surgical procedures. This section includes spinal surgery, upper extremity surgery, and lower extremity surgery.

Section DWD 81.13 creates treatment guidelines for chronic management. This section applies to all types of physical injuries with the purpose of making patients independent of health care providers for ongoing care and the patient to be returned to highest functional status reasonably possible. This section covers various chronic management modalities including home-based exercise programs, health clubs, computerized exercise programs, work conditioning and work hardening programs, chronic pain management programs, and individual or group psychological or psychiatric counseling.

Section DWD 81.14 applies to the membership, appointment criteria, and role of the Health Care Provider Advisory Committee in advising the Worker's Compensation Division and the Worker's Compensation Advisory Council on modifying the treatment guidelines.

Summary of factual data and analytical methodologies. All of the proposed changes were approved by the Worker's Compensation Advisory Council. The Health Care Provider Advisory Committee suggested certain modifications to the treatment guidelines to conform with standard current medical practice.

Comparison with federal law. There are four federal worker's compensation programs. These are Federal Employees' Compensation Program, Longshore and Harbor Workers' Compensation Program, Federal Black Lung Benefits Program and Energy Employees Occupational Illness Program. There are no treatment guidelines that apply to treatment provided to injured employees under any of these programs.

Comparison with rules in adjacent states. Of the four adjacent states, Minnesota is the only state that has adopted worker's compensation treatment guidelines that apply to treatment provided to injured employees. Chapter DWD 81 is modeled on the Minnesota parameters. Illinois, Iowa, and Michigan have not adopted worker's compensation treatment guidelines. About 20 states have adopted worker's compensation treatment guidelines. In some states the guidelines may be referred to as treatment parameters or protocols.

Effect on small business. The proposed rules may affect small businesses as defined in s. 227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses. The Department's small business regulatory coordinator is Jennifer Jirschele, [phone], [e-mail].

Analysis used to determine effect on small businesses. The amendments to Chapter DWD 80 will have no effect on small businesses. The amendments are primarily technical corrections to conform to the current Chapter 102, Stats.

Any effect that Chapter DWD 81 may have on small business will not be detectable or measurable. Chapter DWD 81 could have the effect of reducing the rate of growth of health care costs for the treatment of injured employees for all employers, not just small employers. Department data shows that the following number of necessity of treatment disputes were sent out for review in the last three years: 102 in 2004; 71 in 2005; and 61 in 2006. We do not know if these cases involved large or small employers. For 2004 data shows there were 144,589 total work-related injuries (this number includes lost time and medical only) and the Department sent 102 necessity of treatment disputes out for review. The total number of lost time and medical only injuries for 2005 and 2006 is not yet available.

Fiscal Effect

The proposed rules will have no fiscal effect on state or local governments.

Agency Contact

Jim O'Malley, Section Chief

Worker's Compensation Legal Services

[phone]

jim.o'[e-mail].

Copies of the proposed rules. The proposed rules are available at the web site http://adminrules.wisconsin.gov by typing “worker's compensation" in the search engine. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

[phone]

[e-mail]

Written comments. Written comments on the proposed rules received at the above address, email, or through the http://adminrules.wisconsin.gov web site no later than March 26, 2007, will be given the same consideration as testimony presented at the hearing.

Notice of Hearing

Workforce Development

(Migrant Labor)

[CR 07-018]

NOTICE IS HEREBY GIVEN that pursuant to ss. 103.905 (1) and 227.11 (2), Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes affecting ch. DWD 301, relating to migrant labor and affecting small businesses.

Hearing Information

Monday, March 19, 2007

1:30 p.m.

Madison

G.E.F. 1 Building, Room A415

201 E. Washington Avenue

Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 103.905 (1) and 227.11 (2), Stats.

Statutes interpreted: Sections 103.90 to 103.97, Stats.

Related statutes: NA

Explanation of agency authority. Pursuant to ss. 103.90 to 103.97, Stats., the Department of Workforce Development inspects and certifies all migrant camps in the state, ensures that migrant workers are provided with a work agreement that explains the required terms and conditions of employment, monitors and registers crew leaders who recruit migrant workers, ensures required field sanitation facilities are provided, and investigates complaints of apparent violations of migrant law. Section 103.905 (1), Stats., provides that the Department shall promulgate rules for the enforcement and implementation of 103.90 to 103.97, Stats.

Summary of the proposed rule. The proposed rule incorporates various explanatory guidelines that have been issued as labor alerts, updates obsolete references, and repeals provisions with obsolete compliance dates and provisions that conflict with the state building code. The substantive provisions include the following:

Under s. 103.915 (1) (a), Stats., a person subject to the section must provide a migrant worker with a written recruiting statement at the time of the worker's recruitment. The proposed rule clarifies that “recruitment" means a migrant worker is offered employment whether by personal contact, telephone, correspondence, or a recall notice due to a union contract. If recruitment is by telephone, the written worker agreement shall be furnished as soon as reasonably possible.

Under s. 103.915 (4) (a), Stats., migrant work agreements are required to include the approximate ending date of employment. The intent of the approximate ending date is to give migrant workers a reasonable idea of how long they will be employed so they can plan accordingly. In Wisconsin, many employers provide a bonus as an incentive to encourage migrant workers to work until the end of the season. The proposed rule provides that a work agreement may not state “until the end of the harvest" as a condition to receive a bonus because that defeats the intent of the approximate ending date of the required work agreement. A bonus may be conditioned on a worker continuing to work up to 7 days beyond the approximate ending date in the work agreement.

The proposed rule provides that only a single family may live in a one-family housing unit, except as approved by the department. A single family may include parents and their unmarried children, grandparents, unaccompanied married children, and dependent minor relatives. The department may allow other individuals to share a one-family housing unit with a family, taking into consideration respect for the integrity of the migrant family; privacy of the occupants; preference of family members; relationship of the occupants; size of the unit; health and safety concerns; the employer's justification; and compliance with other migrant camp rule provisions, fair housing law, and any other applicable law.

The current rule provides that all living quarters and service buildings shall be provided with permanently installed, operable heating equipment capable of maintaining a temperature of at least 70° F. The proposed rule lowers the required temperature to 68° F.

This proposed rule provides requirements on the placement of portable smoke detectors for migrant housing units that do not have permanently wired smoke detectors installed by a professional electrician at the time of construction. The portable smoke detectors shall be installed in each sleeping area of each housing unit or elsewhere in the unit within 6 feet of the doorway of each sleeping area and not in a kitchen; in the basement of each housing unit; and at the head of any stairway on each floor level of each housing unit. Each portable smoke detector shall be installed no closer than 3 to 12 inches from the ceiling, except a camp operator may follow a manufacturer's recommendation on the installation of a particular smoke detector in a different location if the camp operator provides the department's migrant labor inspector with proof of the manufacturer's installation recommendation at the time of the camp inspection.

Section 103.93 (2), Stats., provides that every employer shall furnish to each migrant worker at the time of payment of wages a written statement showing the amount of gross and net wages paid and each amount deducted or withheld for whatever purpose. The proposed rule clarifies that the wage statement may not combine information on wages earned by multiple members of a family.

The proposed rule requires that a summary of the migrant code shall be posted in a conspicuous place in all migrant labor camps or where the occupants report for work in a place easily seen by the camp occupants. The posting shall be on a form prescribed by the department and shall be in English and in the language of the camp occupants if other than English.

The current migrant rule contains provision that conflict with the state building code on the minimum ratio of persons per water closet, the number of urinals that may be substituted for toilet seats, the ratio persons per showerhead, and the ratio of persons per lavatory for new construction. Builders must comply with the stricter requirement of the state building code. The conflicting migrant provisions are repealed and references to the state building code are added.

Summary of related federal regulations. Federal regulations on migrant recruitment, migrant work agreements, payroll records, and provision of other information to migrant workers are found at 29 CFR Part 500. These regulations require each agricultural employer that employs migrant workers to post in a conspicuous place at the place of employment a poster provided by the Department of Labor that sets out the rights and protections for workers under the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC 1801 et seq. A separate provision requires each employer that provides housing to migrant workers to post terms and conditions of the housing in a conspicuous place at the site of the housing. These regulations also require an itemized wage statement for each worker.

Owners of migrant worker housing constructed before April 3, 1980, may elect to comply with OSHA regulations at 29 CFR 1910.142 or Employment Training Administration (ETA) regulations at 20 CFR 654.404 et. seq. Migrant worker housing constructed on or after April 3, 1980, must comply with OSHA regulations. OSHA regulations require that a camp have adequate heating equipment during cold weather and require equipment capable of maintaining a temperature of at least 70.

Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at: http://drl.wi.gov.

Comparison with rules in adjacent states. Michigan's rules on migrant worker housing require a smoke detector within each shelter at a point centrally located in each corridor or area that provides access to rooms used for sleeping and at the top of a stairway where the second floor of a structure is intended to be occupied. Michigan also requires that a shelter and a common-use room that is used before May 31 or after September 1 be provided with heating equipment that is capable of maintaining a temperature of not less than 65° F.

Illinois requires a smoke detector within 15 feet of every room used for sleeping purposes. The detector must be installed on the ceiling and at least 6 inches fro many wall or on a wall between 4 and 6 inches from the ceiling. Every single-family residence shall have at least on smoke detector on every story, including basements but including unoccupied attics.

Iowa and Minnesota do not appear to have rules on the specific issues in the Department's proposed rules.

Summary of factual data and analytical methodologies. The proposed rules were recommended by the Council on Migrant Labor pursuant to s. 103.967, Stats.

Effect on small business. The proposed rule may affect small businesses as defined in s. 227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses. The Department's small business regulatory coordinator is Jennifer Jirschele, [phone], [e-mail].

Fiscal Effect

The proposed rules have no fiscal effect on state or local governments.

Contact Information

The proposed rules are available at the web site http://adminrules.wisconsin.gov by typing “migrant labor" in the search engine. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

[phone]

[e-mail]

Written Comments

Written comments on the proposed rules received at the above address, email, or through the http://adminrules.wisconsin.gov web site no later than March 20, 2007, will be given the same consideration as testimony presented at the hearing.