Insurance
The statement of scope for this rule, SS
027-11 Ch.
Ins 18, was approved by the governor on September 30, 2011, published in
Register No. 670, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Portions of Wisconsin's insurance law and regulations governing grievances and independent review processes are in conflict with federal law and regulation following the amendment of
42 USC 300gg 19 (a) and (b), as implemented by
45 CFR 147.136, as amended. Therefore, the Commissioner, pursuant to s.
631.01 (5), Stats., has determined that it is in the interest of the State of Wisconsin, Wisconsin insureds and the public to exempt insurers, certified independent review organizations and self-insured governmental health plans that elect to comply with ch.
Ins 18, Wis. Adm. Code, as revised, from being required to comply with provisions contained in s.
632.83 and
632.835, Stats., that are inconsistent with
42 USC 300gg-19 (a) and (b), and
45 CFR 147.136 et seq., as amended.
Facts constituting the emergency arise from the desire for the State of Wisconsin to retain jurisdiction and regulatory control over the grievance and the independent review processes and independent review organizations operating in the state. The Secretary of the US Department of Health and Human Services issued interim final regulations and guidance, most recently released late June 2011. The regulations require states that desire to retain regulatory oversight of the grievance and independent external review processes, to demonstrate compliance with the federal internal appeal and external review laws and regulations to the Center for Consumer Information and Insurance Oversight (“CCIIO"). The Commissioner received notice on July 29, 2011, from CCIIO that Wisconsin's current regulatory oversight is not compliant.
The Commissioner has requested reconsideration of that initial determination, however, to ensure retention of regulatory oversight of the grievance and independent external review processes revisions to ch.
Ins 18, Wis. Adm. Code, must be made and be applicable for claims arising on or after January 1, 2012. Assembly Bill 210 has been introduced, a bill that repeals inconsistent provisions in accordance with federal requirements, but it is unlikely that AB 210 will be enrolled within the reconsideration timeframe. Therefore the Commissioner is proposing this emergency rule to comply with the federal requirements in order to retain regulatory jurisdiction of grievance and independent review processes.
Publication Date:
November 16, 2011
Effective Dates:
November 16, 2011 through April 13, 2012
Justice (2)
emergency_rules EmR1114
1.
EmR1114 — Rule to create
Chapter Jus 17 and
Chapter Jus 18, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
020-11, was approved by the governor on August 31, 2011, published in
Register No. 669, on September 14, 2011, and approved by Attorney General J.B. Van Hollen on September 26, 2011.
Finding of Emergency
Under section
101 of
2011 Wis. Act 35, most of the provisions of that Act — including the provisions governing the licensing and certification processes covered by the rules proposed here and the provisions authorizing the carrying of a concealed weapon by the holder of a license, an out-of-state license, or a certification card — will have an effective date of November 1, 2011. In particular, s.
175.60 (9), Stats., will require DOJ to begin receiving and processing license applications and issuing or denying licenses as soon as that provision takes effect on November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system to take effect on November 1, 2011.
DOJ cannot comply with the requirements of s.
175.60 (9), Stats., and related statutory requirements until it has in effect administrative rules establishing the procedures and standards that will govern DOJ's enforcement and administration of those requirements. It follows that, in order for DOJ to meet its statutory duties that take effect on November 1, 2011, it must complete the promulgation of such administrative rules prior to that date.
Under the non-emergency rulemaking procedures of ch.
227, Stats., before the proposed rules could be promulgated, numerous notice, hearing, and publication requirements would have to be fulfilled — including, but not limited to a public hearing on the proposed rules, preparation of a detailed report including a summary of public comments and DOJ's responses to those comments, and legislative review of the proposed rules. DOJ has determined that it is impossible for all of the required steps in that non-emergency rulemaking process to be completed by November 1, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24, Stats., can the requisite rules be promulgated and in effect in time for DOJ to meet its statutory duties that take effect on November 1, 2011. The public welfare thus necessitates that the proposed rules be promulgated as emergency rules under s.
227.24, Stats. Once the proposed emergency rules have been promulgated, DOJ will promptly follow up with the promulgation of a permanent version of the rules under the full rulemaking procedures.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through March 29, 2012
Suspended in Part: November 9, 2011
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
009-11, was approved by the governor on August 4, 2011, published in
Register No. 668, on August 31, 2011, and approved by Attorney General J.B. Van Hollen on September 12, 2011.
Finding of Emergency
Section
100 (1) of
2011 Wis. Act 35 expressly authorizes and requires DOJ to use the emergency rulemaking procedures of s.
227.24, Stats., to promulgate the emergency rule required under s.
165.25 (12), Stats., and further provides that DOJ is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through March 29, 2012
Natural Resources (6)
Fish, Game, etc., Chs.
NR 1—
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
September 29, 2010
Effective Dates:
September 29, 2010 through See bold text above
Hearing Date:
October 25 to 29, 2010
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
November 3, 2010
Effective Dates:
November 3, 2010 through
See bold text above
Hearing Date:
November 29, 2010
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under Ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
December 13, 2010
Effective Dates:
December 13, 2010 through
See bold text above
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
Publication Date:
July 2, 2011
Effective Dates:
September 17, 2011 through February 13, 2012
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
September 3, 2011
Effective Dates:
September 3, 2011 through
January 30, 2012
Hearing Date:
October 3, 2011
This emergency rule was approved by the governor on October 19, 2011.
The statement of scope for this rule, SS
023-11, was approved by the governor on September 15, 2011, published in
Register No. 669, on September 30, 2011, and approved by The Natural Resources Board on October 26, 2011.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The current commercial season for whitefish from Lake Michigan and Green Bay closes one week before the season closure for state-licensed fishers in the State of Michigan. This limitation on fishing opportunities threatens the welfare of state-licensed commercial fishers in Wisconsin and makes these Wisconsin businesses less competitive with counterparts in Michigan. The additional business revenue, approximately $161,300, and improved competitiveness of the commercial fishing industry, rises to the standard of preservation and improvement of the public welfare required for emergency rule making.
The number of commercial fishers has been declining over the last 20 years from 145 to 57. While some of this decline has been due to consolidation, some of the reduction is due to adverse economics of the industry. This rule requires emergency action to enhance public welfare as it applies to the economic health of the commercial fishing industry, which requested this rule change.
Publication Date:
October 26, 2011
Effective Dates:
October 26, 2011 through March 23, 2012
Safety and Professional Services (2)
(Formerly Regulation and Licensing)
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104. Notwithstanding section
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
April 13, 2009
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104. Notwithstanding s.
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
