Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection (2)
This rule was approved by the governor on August 30, 2012.
The scope statement for this rule, SS
042-11, was approved by the governor on
November 8, 2011, published in
Register No. 671 on
November 30, 2011, and approved by the Board of Agriculture, Trade and Consumer Protection on
December 15, 2011.
Finding of Emergency
(1) On August 16, 2012, APHIS identified Emerald Ash Borer (EAB) in Trempealeau County, at Perrot State Park. EAB is an exotic pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare quarantines for Trempealeau County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of the county to areas of Wisconsin or other states that are not infested with EAB.
(2) DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
September 6, 2012
Publication Date:
September 7, 2012
Effective Dates:
September 7, 2012 through February 3, 2013
Hearing Date:
October 12, 2012
emergency_rules EmR1213
2. EmR1213 (DATCP Docket # 11-R-11) — The Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend
sections ATCP 55.04 (title), (2) (title), (a) and (b),
and (6), 55.07 (1) (a), (2) (a) and (3) (a); and to create
sections ATCP 55.02 (4m), 55.03 (2) (f), 55.04 (1m), 55.06 (5) (j), 55.07 (1) (c), (2) (d) and (3) (c), relating to allowing certain selected Wisconsin state-inspected meat establishments to sell meat and meat products in other states and thereby affecting small business.
This rule was approved by the governor on September 6, 2012.
The statement of scope for this rule, SS
005-12, was approved by the governor on January 11, 2012, published in
Register No. 673, on January 31, 2012, and approved by the Natural Resources Board on February 22, 2012.
Finding of Emergency
The department of agriculture, trade and consumer protection finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public welfare. Statements of the facts constituting the emergency are:
(1) Wisconsin has more than 270 small state-inspected meat establishments that contribute to the vitality of the state's rural economy, producing many unique, specialty products. Wisconsin's state-inspected meat and poultry establishments are inspected by Wisconsin's Bureau of Meat Safety and Inspection under a cooperative agreement with the United States Department of Agriculture's (USDA's) Food Safety and Inspection Service (FSIS) program. Under the cooperative agreement, state meat inspection programs must provide inspection that is “at least equal to" federal inspection under the Federal Meat Inspection Act (FMIA) (
21 USC 661) and the Poultry Products Inspection Act (PPIA) (
21 USC 454). State-inspected meat and poultry establishments are prohibited from selling their products in other states.
(2) USDA recently established the new Cooperative Interstate Shipment (CIS) program, which will allow state-inspected meat and poultry establishments to sell their products in other states. To qualify for participation in the CIS program, state meat and poultry inspections programs must inspect establishments that volunteer to participate in the program using procedures that are the “same as", rather than “at least equal to," USDA's federal inspections under FMIA and PPIA. This emergency rule incorporates certain federal regulations that Wisconsin's state meat inspection program must adopt in order to establish a regulatory foundation deemed the “same as" the foundation for the federal program, and thereby allowing Wisconsin to participate in the CIS program.
(3) The department of agriculture, trade and consumer protection (DATCP) is adopting this emergency rule to prevent a potential hardship to Wisconsin's state-inspected meat establishments selected to participate in the program; adoption of the emergency rule will ensure that these establishments are not prevented from selling their meat and poultry products in other states because the pending “permanent" rules cannot be adopted in time.
Filed with LRB:
September 10, 2012
Publication Date:
September 13, 2012
Effective Dates:
September 13, 2012 through February 9, 2013
Hearing Date:
October 15, 18, 19, 2012
Children and Families
This emergency rule was approved by the governor on August 28, 2012.
The statement of scope for this rule, SS
040-12, was approved by the governor on June 8, 2012, published in
Register No. 678 on June 30, 2012, and approved by Secretary Eloise Anderson on July 16, 2012.
Finding of Emergency
The Department of Children and Families finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
Guardians who entered into subsidized guardianship agreements with an agency when the statewide subsidized guardianship program was implemented in August 2011 are now eligible for consideration of an amendment to increase the amount of the subsidized guardianship payments. The rule includes the process for determining eligibility for an amendment.
Filed with LRB:
August 31, 2012
Publication Date:
September 3, 2012
Effective Dates:
September 3, 2012 through January 30, 2013
Hearing Date:
November 30, 2012
Children and Families
emergency_rules EmR1216
EmR1216 — The Wisconsin Department of Children and Families orders the creation of
section DCF 201.04 (2j), relating to circumstances for a waiver to allow child care subsidy payments for a parent who is a child care provider and affecting small businesses.
This emergency rule was approved by the governor on October 19, 2012.
The statement of scope for this rule, SS
054-12, was approved by the governor on July 30, 2012, published in
Register No. 680 on August 14, 2012, and approved by Secretary Eloise Anderson on August 27, 2012.
Finding of Emergency
The Department of Children and Families finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider. The prohibition on assistance does not apply if the child's parent has applied for, and been granted, a waiver. Implementation of an emergency rule specifying the circumstances under which the department or an agency will grant a waiver is necessary to protect certain vulnerable children.
Filed with LRB:
November 13, 2012
Publication Date:
November 15, 2012
Effective Dates:
November 15, 2012 through April 13, 2013
Hearing Date:
January 14, 2013
Health Services
emergency_rules EmR1204
EmR1204 — The Wisconsin Department of Health Services hereby adopts emergency rules to create
section DHS 115.05 (3), relating to fees for screening newborns for congenital and metabolic disorders and other services.
This emergency rule was approved by the governor on April 19, 2012.
The statement of scope for this rule, SS
033-11, was approved by the governor on
October 25, 2011, published in
Register No. 671, on
November 14, 2011, and approved by the Department of Health Services Secretary, Dennis G. Smith, effective
November 25, 2011.
Exemption from Finding of Emergency
The legislature by
2011 Wisconsin Act 32, SECTION
9121 (9) provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
2011 Wisconsin Act 32, SECTION
9121 (9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section
227.24 of the statutes, the department of health services shall promulgate rules required under section
253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section
253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section
227.24 (1) (c) of the statutes, subject to extension under section
227.24 (2) of the statutes. Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Filed with LRB:
May 1, 2012
Publication Date:
May 4, 2012
Effective Dates:
May 4, 2012 through September 30, 2012
Hearing Date:
May 25, 2012
Extension Through:
January 28, 2013
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