Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 728B

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: August 29, 2016
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Table of Contents



Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR1623
Expires: January 19, 2017
Department of Public Instruction (PI)
ch. PI 34
Emergency licensure changes to PI 34
EmR1622
Pending: Effective September 1, 2016
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird hunting seasons and regulations
EmR1621
Expires: November 27, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 75
Mobile retail food establishments and the bases that support those mobile retail establishments and affecting small businesses.
EmR1620
Expires: November 27, 2016
Real Estate Examining Board (REEB)
ch. REEB 11
ch. REEB 12
ch. REEB 15
ch. REEB 16
ch. REEB 17
ch. REEB 18
ch. REEB 23
ch. REEB 24
Real estate practice
EmR1619
Expires: October 29, 2016
Department of Public Instruction (PI)
ch. PI 49
The Special Needs Scholarship Program
EmR1618
Expires: October 9, 2016
Department of Transportation (Trans)
ch. Trans 102
Operator’s licenses and identification cards
EmR1617
Expires: October 2, 2016
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 131
Pre-employment drug testing, substance abuse treatment program and job skills assessment
EmR1616
Expires: September 30, 2016
Department of Administration-Division of Personnel Management (ER)
ch. ER 10
ch. ER 18
Technical changes to ER rules related to calculation of annual hours
EmR1615
Expires: September 27, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractor agricultural producer security fund assessments
EmR1614
Expires: September 16, 2016
Department of Justice (Jus)
ch. Jus 17
The firearms training required for licenses authorizing persons to carry concealed weapons under s. 175.60, Stats.
EmR1613
Expires: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 12
ch. NR 20
ch. NR 23
Customer and outreach services rules related to the automated system for delivering recreational license products
EmR1611
Expires: September 25, 2016
First Extension
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 52
Producer led watershed protection grants and affecting small businesses
EmR1607
Expires: January 31, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 101
Vegetable contractors and the agricultural producer security fund assessment
EmR1604
Expires: October 10, 2016
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 16
Fences for farm-raised white-tailed deer
EmR1603
Expires: October 6, 2016
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
ch. NR 26
Lake trout harvest limits in Lake Superior and affecting small business
EmR1215
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The coyote hunting season.
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 102
ch. NR 106
ch. NR 205
ch. NR 207
Revisions to chapters NR 102, 106, 205 and NR 207 and other related regulations for the purpose of updating Wisconsin’s antidegradation policy and implementation procedures
Radiography Examining Board(RAD)
ch. RAD 1
Definition of licensed independent practitioner
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 55
Meat establishment license fees, requirements and exemptions; federal regulations cited, and affecting small business

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 4
ch. Tax 14
Various changes to Chapters Tax 1, 2, 4, 14 to reflect current law and current department policy

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 201
ch. Trans 202
Wisconsin Scenic Byway Program

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Board of Nursing (N)
ch. N 8
Advanced practice nurse prescribers

Executive Orders

Document
Related to
Proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for Staff Sergeant Matthew V. Thompson, who lost his life while serving his country

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 14-073
Effective: September 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food Safety
ch. ATCP 60
ch. ATCP 65
ch. ATCP 65 Appendix
ch. ATCP 77
ch. ATCP 80
ch. ATCP 81
ch. ATCP 82
ch. ATCP 100
Milk and milk products
CR 15-053
Effective: September 1, 2016
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 1
ch. OT 3
ch. OT 4
Self-referral of occupational therapy services
CR 15-065
Effective: September 1, 2016
Department of Transportation (Trans)
ch. Trans 115
Third party testing
CR 15-067
Effective: September 1, 2016
Board of Nursing (N)
ch. N 7
Grounds for denying a credential
CR 15-068
Effective: September 1, 2016
Controlled Substances Board (CSB)
ch. CSB 2
Exclusion of naloxegol
CR 15-083
Effective: September 1, 2016
Controlled Substances Board (CSB)
ch. CSB 3
Measurements of controlled substances for purposes of special use authorizations
CR 15-084
Effective: September 1, 2016
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 106
Calculating water quality based effluent limitations for toxic and organoleptic substances discharged to surface waters
CR 15-085
Effective: September 1, 2016
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 106
ch. NR 205
ch. NR 212
ch. NR 217
Expression of limits, whole effluent toxicity, TMDL development and implementation, and other aspects of the WPDES permitting program
CR 15-093
Effective: September 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food Safety
ch. ATCP 70
ch. ATCP 71
Food processing in food warehouses
CR 15-094
Effective: September 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food Safety
ch. ATCP 82
Bulk milk collection, sampling, and transportation
CR 15-096
Effective: September 1, 2016
Hearing and Speech Examining Board (HAS)
ch. HAS 6
ch. HAS 7
Licensure of speech-language pathologists, audiologists and temporary licenses and requirements for renewal and reinstatement of credentials granted by the hearing and speech examining board
CR 15-097
Effective: September 1, 2016
Hearing and Speech Examining Board (HAS)
ch. HAS 3
Designating a written examination for hearing instrument specialists
CR 15-099
Effective: September 1, 2016
Board of Nursing (N)
ch. N 2
ch. N 5
ch. N 6
Renewal, reinstatement and standards of practice
CR 15-102
Effective: September 1, 2016
Psychology Examining Board (Psy)
ch. Psy 2
Licensure as a psychologist
CR 16-012
Effective: September 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
Chs. ATCP 90-139; Trade and Consumer Protection
Chs. ATCP 140- ; Marketing
ch. ATCP 30
ch. ATCP 40
ch. ATCP 42
ch. ATCP 50
ch. ATCP 75 Appendix
ch. ATCP 90
ch. ATCP 91
ch. ATCP 92
ch. ATCP 93
ch. ATCP 94
ch. ATCP 105
ch. ATCP 127
ch. ATCP 134
ch. ATCP 141
Minor and technical changes to multiple department chapters
CR 16-013
Effective: September 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 1-9; General
ch. ATCP 1
Administrative orders and contested cases

Table of Administrative Code Provisions Revised in this Register

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 60
ch. ATCP 80

Instructions For Inserting and Removing Administrative Code Chapters

Administrative Code Chapters Inserted By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Inserted
Administrative Orders And Contested Cases
Inserted
Livestock Premises Registration
Inserted
Pesticide Product Restrictions
Inserted
Fertilizer And Related Products
Inserted
Commercial Feed
Inserted
Soil And Water Resource Management Program
Inserted
Milk And Milk Products
Inserted
Appendix A 3-A Sanitary Standards And Accepted Practices
Inserted
Food Processing Plants
Inserted
Food Warehouses And Milk Distributors
Inserted
Appendix Wisconsin Food Code
Inserted
Laboratory Certification
Inserted
Cheese Grading, Packaging And Labeling
Inserted
Bulk Milk Collection, Sampling, and Transportation
Inserted
Fair Packaging And Labeling
Inserted
Selling Commodities By Weight, Measure Or Count
Inserted
Weights And Measures
Inserted
Flammable, Combustible and Hazardous Liquids
Inserted
Petroleum And Other Liquid Fuel Products
Inserted
Milk Contractors
Inserted
Sales Below Cost
Inserted
Direct Marketing
Inserted
Residential Rental Practices
Inserted
Cherry Marketing Order
Inserted
Certified Seed Potatoes
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Special Use Authorization
Inserted
Hearing Instrument Specialists Examinations
Inserted
Licensure Of Speech-Language Pathologists, Audiologists And Temporary Licensees
Inserted
Requirements For Renewal
Inserted
Licensure
Inserted
Standards Of Practice For Registered Nurses And Licensed Practical Nurses
Inserted
Rules Of Conduct
Inserted
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Inserted
General Provisions
Inserted
Waste Load Allocated Water Quality Related Effluent Limitations
Inserted
Effluent Standards And Limitations For Phosphorus
Inserted
Incorporation By Reference
Inserted
Definitions
Inserted
Biennial Registration
Inserted
Practice And Supervision
Inserted
Authority And Definitions
Inserted
Requirements For Examination And Licensure Of Psychologists
Inserted
Licenses, Certifications And Registrations
Inserted
Third Party Testing

Administrative Code Chapters Removed By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Removed
Administrative Orders And Contested Cases
Removed
Livestock Premises Registration
Removed
Pesticide Product Restrictions
Removed
Fertilizer And Related Products
Removed
Commercial Feed
Removed
Soil And Water Resource Management Program
Removed
Dairy Farms
Removed
Food Processing Plants
Removed
Food Warehouses And Milk Distributors
Removed
Appendix Wisconsin Food Code
Removed
Laboratory Certification
Removed
Dairy Plants
Removed
Appendix A 3-A Sanitary Standards And Accepted Practices
Removed
Cheese Grading, Packaging And Labeling
Removed
Bulk Milk Collection, Sampling, and Transportation
Removed
Fair Packaging And Labeling
Removed
Selling Commodities By Weight, Measure Or Count
Removed
Weights And Measures
Removed
Flammable, Combustible And Hazardous Liquids
Removed
Petroleum And Other Liquid Fuel Products
Removed
Milk Contractors
Removed
Sales Below Cost
Removed
Direct Marketing
Removed
Residential Rental Practices
Removed
Cherry Marketing Order
Removed
Certified Seed Potatoes
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Special Use Authorization
Removed
Hearing Instrument Specialists Examinations
Removed
Licensure Of Speech-Language Pathologists, Audiologists And Temporary Licensees
Removed
Requirements For Renewal
Removed
Licensure
Removed
Renewal Of License
Removed
Standards Of Practice For Registered Nurses And Licensed Practical Nurses
Removed
Rules Of Conduct
Removed
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Removed
General Provisions
Removed
Waste Load Allocated Water Quality Related Effluent Limitations
Removed
Effluent Standards And Limitations For Phosphorus
Removed
Incorporation By Reference
Removed
Definitions
Removed
Biennial Registration
Removed
Practice And Supervision
Removed
Authority And Definitions
Removed
Requirements For Examination And Licensure Of Psychologists
Removed
Licenses, Certifications And Registrations
Removed
Third Party Testing

Contact the Register Editors: (608) 504-5824. Email Jill.Kauffman@legis.wisconsin.gov or Michael.Duchek@legis.wisconsin.gov

 
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.