Rule-making notices
Notice of Hearing
Health and Family Services
(Health – Chs. HFS 110—)
[CR 02-155]
Notice is hereby given that, pursuant to ss. 146.50 (6) (b) 2. and (13) (a), 227.11 (2) (a) and 250.04 (7), Stats., the Department of Health and Family Services will hold a public hearing to consider both the emergency rules and proposed permanent rules amending ss. HFS 110.07 (3) (c) 2. and (4) (a) and (b), 111.06 (1) (c) 1., 112.04 (5) (f) 2., 112.06 (1) (c) 1. and 113.04 (10) (b) 3., and creating s. HFS 113.04 (6) (a) 1m., relating to the licensing of emergency medical technicians and the certification of first responders to incorporate responding to acts of terrorism as a training component required for initial or renewed licensure or certification.
Hearing Information
The public hearing will be held:
Date & Time   Location
February 17, 2003   Conference Room
Monday   State Office Building
10 a.m. - 2:00 p.m.   1 West Wilson St.-Room B155
  Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
2001 Wisconsin Act 109 amended sections 146.50 (6) (a) 2., (b) 2. and (8) (b) 3. by adding the requirement that as of January 1, 2003, to receive an initial or renewed EMS license or first responder certification, the applicant must have received training in response to acts of terrorism. Section 146.50 (6) (b) 2. of the statutes specifically directs the Department, in conjunction with the technical college system board, to promulgate rules specifying training, education, or examination requirements for training in response to acts of terrorism. The training must be completed by all persons desiring to receive an initial or renewed license or certification after January 1, 2003. To enforce and administer this statutory requirement, the Department must revise the administrative rules associated with the licensing of Emergency Medical Technicians (EMTs) – Basic and EMTs- Basic IV (found in ch. HFS 110), EMTs- Intermediate (found in ch. HFS 111), EMTs – Paramedic (found in ch. HFS 112) and First Responders (found in ch. HFS 113.) The permanent rules will replace an identical emergency rules that took effect on December 31, 2002.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Nan Turner
Division of Public Health
P.O. Box 2659
Madison, WI 53701-2659
608-266-9781 or, if you are hearing impaired,
(608) 266-1511 (TDD)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, February 24, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
Recent statutory changes through 2001 Wisconsin Act 109 require first responders and EMTs to receive training for response to acts of terrorism. These rule amendments revise the Department's training requirements for licensing first responders and emergency medical technicians (EMTs) at all levels to include language for awareness training for possible terrorism events.
The Department is integrating the additional training into existing EMT courses starting January 2003. Those persons trained between July, 2002 and January, 2003, however, will need to complete a supplementary 4-hour training module. Department staff will have some additional workload developing the training, including a possible internet-based training option. However, the Department does not anticipate that this training will result in either significant new expenditures or revenues of state or local governments. The acquisition of a supplementary 4-hour training module may require additional, albeit, minor expenditures.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.033, 29.335, 29.885, 227.11 and 227.24, Stats., interpreting ss. 29.033, 29.177 and 29.335, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-15-03(E) pertaining to the use of baiting to control and management of chronic wasting disease. This emergency order took effect on January 11, 2003. The emergency order authorizes the Department to allow landowners within the CWD eradication zone to hunt deer over bait by permit. The rule will help the Department meet deer herd reduction goals in the CWD eradication zone. Without the use of additional management tools, herd reduction may not be sufficient to reduce the spread of CWD from the infected area in western Dane and eastern Iowa counties. Shooting deer over bait in winter is a very effective deer culling method.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, February 11, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison, 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 Bill VanderZouwen at (608) 266-8840 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Department costs will be incurred as a result of assisting in the establishment of bait sites for landowners and issuing permits to landowners who choose to utilize bait and allow the DNR to access their property to eradicate deer in the CWD Eradication Zone the costs are detailed below:
16,000 lbs of bait (40 lbs of corn per landowner x 400 participating landowners) x $3 / 40 lbs of corn.............$1,.200
Vehicle mileage - 10,000 miles @ $0.30/mile..........$3,000
Salary & Fringe - 4 FTEs x $21.63/hr. in salary and fringe x 8 weeks x 20 hours / week........................................$13,843
TOTAL.................................................................$18,043
Contact Person
Written comments on the emergency rule may be submitted to Mr. Bill VanderZouwen, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than February 14, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [Wm-15-02(E)] may be obtained from Mr. VanderZouwen.
Notice of Hearing
Natural Resources
[CR 02-146]
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 400, 409, 410, 415, 419, 420, 422, 423, 431, 439, 447, 448, 449 and 484, Wis. Adm. Code, relating to clarification of compliance language for air management regulations. Air Management staff have been compiling information on the current ch. NR 400 series, with regard to changes to compliance language, where the applicability of the rules or their provisions weren't clear in certain situations. This proposed rule is intended to add clarity with regard to these rule applicability situations. There are also miscellaneous changes that are being proposed.
Additionally, test methods were updated to be consistent with U.S. EPA test methods and sections in the regulations incorporated by reference will be made current.
Some of the changes being proposed include:
1. Section NR 431.05 (1) allows for an opacity limit exceedance when a boiler is being cleaned or upon start up. The exceedance time was changed from 5 to 6 minutes, as 6 minutes is the averaging time used when reading opacity, both visually and by a continuous monitor.
2. Section NR 439.07 (8) is being recreated to delineate specific paragraphs for testing requirements for each pollutant listed (particulate emissions, sulfur dioxide, nitrogen oxides, organic compound emissions and visible emissions) in addition to a paragraph that contains general provisions for testing. Previously there were no titles to the paragraphs, and cross references of the general provisions between the paragraphs caused confusion.
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