The purpose of this rule is to allow board staff to arrange for legal counsel for the boards as deemed necessary and in accordance with Wis. Stat. s.
40.03, to provide that the legal counsel shall provide legal representation to the board, and to provide the boards with additional flexibility in the use of legal counsel.
Comparison with federal regulations
There are no existing or proposed federal regulations that directly pertain to this proposed rule.
Comparison with rules in adjacent states
The department did not locate any comparable rule or statute in any adjacent states.
Summary of factual data and analytical methodologies
Currently s.
ETF 11.11 provides that board staff arrange for legal counsel to advise the boards attached to the department from one of three sources: 1) the Department of Justice, if the department is a party to the appeal; 2) the department's chief counsel, if the department is not a party to the appeal; and 3) outside counsel, if neither the department's chief counsel nor the Department of Justice is able to provide legal counsel. The current rule also prescribes a number of specific duties of the legal counsel.
The proposed revision would allow board staff to arrange for legal counsel for the boards as deemed necessary and in accordance with Wis. Stat. s.
40.03 (3). In addition, the proposed rule would simply provide that the legal counsel shall provide legal representation to the board, rather than specifying specific duties. These changes will provide the boards with additional flexibility in using legal counsel services.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimates
The rule will have no effect on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities or revenues. The rule will have no effect on state funds.
Text of Proposed Rule
SECTION 1. ETF 11.11 (1) and (2) are amended to read:
ETF 11.11 Counsel for the board. (1)
In accordance with Wis. Stat. s. 40.03 (3), Bboard staff shall arrange for legal counsel to advise the board during its consideration of a final decision.
, as follows:
(a) In any appeal to which the department is a party, legal counsel shall be requested from the department of justice.
(b) In any appeal to which the department is not a party, legal counsel shall be requested from the department's chief counsel.
(c)If neither the department of justice or the department's chief counsel are able to provide legal counsel, board staff shall follow the appropriate procedures for hiring outside counsel familiar with administrative law and ch. 40, Stats.
(2) Any legal counsel asked to represent the board under sub. (1) shall fully disclose any real or apparent conflict of interest to the board chair and state whether counsel is able to render objective advice to the board. The board chair may waive the conflict on behalf of the board.
SECTION 2. ETF 11.11 (3) is repealed and recreated to read:
(3) Counsel appointed under sub. (1) shall provide legal representation to the board including:
(a) Advising the board during its deliberations and making specific recommendations for action by the board and
(b) Drafting findings of fact and conclusions of law.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address:
david.nispel@etf.state.wi.us. The telephone number is: (608) 264-6936.
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to amend section
ETF 11.15 (4), relating to the agent for service of process upon the boards that are attached to the department.
Hearing Information
A public hearing on this proposed rule will be held as follows:
Date and Time
|
Location
|
August 13, 2009
|
Conference Room GB
|
1:00 p.m.
|
Dept. of Employee Trust Funds
|
|
801 West Badger Road
Madison
|
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Submission of Written Comments
Written comments on the proposed rule may be submitted to David Nispel, General Counsel, department of employee trust funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the department of employee trust funds no later than 4:30 p.m. on August 13, 2009.
Analysis Prepared by the Department of Employee Trust Funds
Statute interpreted
Section
40.03, Wis. Stats.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Ch.
ETF 11, Wis. Admin. Code, establishes a procedure for the review of appealable department determinations by the board responsible for the subject matter. There are no other related administrative rules or statutes.
Plain language analysis
The purpose of this rule is to improve the procedure for receipt of service of process upon the boards attached to the department by increasing the number of persons who are authorized to accept such service. The rule eliminates the reference to a chief counsel and changes that position to general counsel, and adds to other positions to the list of persons designated to accept service for the board.
Comparison with federal regulations
There are no existing or proposed federal regulations that directly pertain to this proposed rule.
Comparison with rules in adjacent states
The department did not locate any comparable rule or statute in any adjacent states.
Summary of factual data and analytical methodologies
Currently only three positions are designated by rule to receive service on behalf of the board: the chief counsel of the department and the division administrator or program director administering the program which pertains to the underlying appeal to the board.
This rule will improve the procedure for receipt of service of process upon the boards attached to the department by increasing the number of persons who are authorized to accept such service.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimate
The rule will have no effect on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities or revenues. The rule will have no effect on state funds.
Text of Proposed Rule
ETF 11.15 (4) is amended to read:
(4) AGENT FOR SERVICE UPON BOARD. Except as provided in this subsection, no person or employee of the department is authorized to accept service for the board. From time to time the board may by motion designate a person, either by name or position, as agent to accept personal service for the board. Persons holding the following positions, whose names shall be disclosed by the department upon request, are designated as agents to accept personal service on behalf of the board:
(a) The chief counsel general counsel of the department.
(b) The division administrator or program director administering the particular program which is the subject matter of the underlying appeal to the board.
(c) The deputy secretary of the department
(d) The secretary of the department, or his or her designees.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, department of employee trust funds, P. O. Box 7931, Madison, WI 53707. The email address:
david.nispel@etf.state.wi.us. The telephone number is: (608) 264-6936.
Notice of Hearing
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Government Accountability Board will hold a public hearing to consider adoption of a rule to create Chapter
GAB 22 relating to settlement of certain campaign finance, ethics and lobbying violations.
Hearing Information
The public hearing will be held at the time and location shown below:
Date and Time
|
Location
|
July 28, 2009
10:00 a.m.
|
Government Accountability Board
Office
212 E. Washington Avenue
3rd Floor
Madison, WI 53703
|
This public hearing site is accessible to individuals with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact the person listed below.
Submission of Written Comments
Comments on the proposed rules should be submitted to the Government Accountability Board, 212 East Washington Ave., P.O. Box 7984, Madison, Wisconsin 53707-7984; (elections.state.wi.us). Comments should be submitted by July 28, 2009.
Analysis Prepared by Government Accountability Board
Statutes interpreted
Sections
5.05 (2m) (c) 12.,
11.05,
11.055,
11.06,
11.12,
11.20,
11.21,
11.26,
13.625,
13.64,
13.65,
13.66,
13.67,
13.68, and
19.43, Stats.
Statutory authority
Explanation of agency authority
Pursuant to s.
5.05 (2m) (c) 12., Stats., the legislature specifically authorized the Board to prescribe, by rule, categories of civil offenses which the Board will agree to compromise and settle without a formal investigation and upon payment of specified amounts by the alleged offender.
Related statute(s) or rule(s)
Chapter
11, Stats.—Campaign Financing, subch.
III of ch. 13, Stats.—Regulation of Lobbying, and subch.
III ch.
19, Stats.—Code of Ethics for Public Officials and Employees. Chapter
GAB 1—Campaign Financing.
