Rule-Making Notices (Hearing Notices)

SECTION 18. PSC 168.09 (4) is amended to read:

PSC 168.09 (4) Pursuant to Under s. PSC 168.12, alternative telecommunications utility resellers shall file with the commission responses to annual reports for questionnaires regarding Wisconsin operations.

SECTION 19. PSC 168.10 (1) (intro.) and (a) are renumbered PSC 168.10 and amended to read:

PSC 168.10 General notification requirement. An alternative telecommunications utility reseller certified under this chapter shall do the following; (a) Within , within 20 days of the occurrence, notify the commission in writing of any change to information supplied in response to s. PSC 168.06 (2) (a), (b), (c) or (g).

SECTION 20. PSC 168.10 (1) (b) to (d), and (2) are repealed.

SECTION 21. PSC 168.11 is repealed.

SECTION 22. PSC 168.12 (1) (intro.) is amended to read:

PSC 168.12 (1) (intro.) Each reseller shall file with the commission by April 1 of each year responses to an annual report providing commission questionnaire that provide details concerning the following:

SECTION 23. PSC 168.12 (1) (f) is repealed.

SECTION 24. PSC 168.13 (1) (a) is amended to read:

PSC 168.13 (1) (a) Failure to file a substantially complete responses to the commission's annual report questionnaire required by s. PSC 168.12.

SECTION 25. Chapter PSC 169 is repealed.

SECTION 26. PSC 171.02 (5) is amended to read:

PSC 171.02 (5) “Telecommunications service" has the meaning prescribed given in s. 196.01 (9m), Stats., and includes but is not limited to, point-to-point service for the transport of electronic signals.

SECTION 27. PSC 171.06 (1) is amended to read:

PSC 171.06 (1) All qualified cable television telecommunications service providers shall be subject to the following sections of ch. 196, Stats.: ss. 196.02, 196.08, 196.12, 196.025 (6), 196.203, 196.25, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65, and 196.66, 196.85, 196.858, and 196.859, Stats.

SECTION 28. PSC 171.06 (2) and (3) are repealed.

SECTION 29. PSC 171.07 (4) and (5) are repealed.

SECTION 30. PSC 171.08 is repealed.

SECTION 31. PSC 171.09 is repealed and recreated to read:

PSC 171.09 New franchise areas. A qualified cable television telecommunications service provider may offer telecommunications services in a franchise area other than the one specified in a qualified petition by notifying the commission in a transmittal updating the information supplied under s. PSC 171.03. The transmittal shall be filed no later than 20 days after the initial offering of the telecommunications services in the additional franchise area.

SECTION 32. PSC 171.10 (1) is amended to read:

PSC 171.10 (1) File with the commission responses to an annual report questionnaire providing details as to its identity, franchise service areas, and revenues and number of customers.

SECTION 33. PSC 171.10 (3) is repealed.

SECTION 34. Chapter PSC 174 is repealed.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)			Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Wis. Admin. Code Chapters PSC 8, 100, 104, 102, 162 to 171, 174.
3. Subject
Repeal and amendment of PSC telecommunications rules to conform with 2011 Wis. Act 22, with miscellaneous updates and clarifications.
4. Fund Sources Affected				5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S				None.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues			⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Clarifies law by removing regulations no longer needed due to statutory change.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rulemaking removes regulations no longer needed as a result of statutory change. Since these regulations will no longer exist, any costs of complying with them will disappear. As a result, any economic impact will be a positive one. Telecommunications providers, trade associations for wireline providers, wireless providers, and cable providers. Public interest group (CUB) also contacted.
11. Identify the local governmental units that participated in the development of this EIA.
Not Applicable.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Expected reduction in costs as entities previously subject to rules can substantially simplify compliance with state telecommunications requirements. The issues raised by commenting parties were substantive rather than economic.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Expected reduction in costs as entities previously subject to rules can substantially simplify compliance with state telecommunications requirements.
14. Long Range Implications of Implementing the Rule
See No. 12 above. Also reduced regulation will lead to more entrants, more vigorous competition, and a greater variety of price and service options.
15. Compare With Approaches Being Used by Federal Government
There is no strict comparability with federal government regulations in this area because Communications Act of 1934, as amended by the Telecommunications Act of 1996, leaves retail telecommunications regulation to the states.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Not applicable as level of deregulation in WI matches or exceeds levels of adjacent states.
17. Contact Name					18. Contact Phone Number
Sarah Klein					[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

Implements Act 22 by removing or amending rules rendered obsolete or inapplicable, and makes miscellaneous language updates. Since these rules will no longer exist, any costs of complying with them will disappear. As a result, any economic impact will be a positive one.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Not deemed necessary.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting X Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements X Other, describe: Almost all substantive repeals and amendments are required by Act 22. However, in the process minor technical changes will be made to improve rule organization, clarify rule application, modernize rule language, and remove obsolete requirements. Since certain rules will no longer exist, any costs of complying with them will disappear. As a result, any economic impact will be a positive one.

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

As Act 22 already created the effect on small businesses, this proceeding simply advances the clarity of the rules remaining, simplifying management of compliance obligations that remain. This rulemaking removes regulations no longer needed as a result of statutory change. Since these regulations will no longer exist, any costs of complying with them will disappear. As a result, any economic impact will be a positive one.

5. Describe the Rule's Enforcement Provisions

Not applicable.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearing

Safety and Professional Services

Professional Services, Chs. 1—299

rulemaking_notices CR 13-026 EmR1302, CR 13-026

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a); 440.03 (1); 440.08 (3) (b); 440.62 (5) (b) 2.; 440.64 (1) (b); 454.23 (6) (b); 454.25 (1) (a), (2) and (3); 454.26 (3) (b); and 454.265 (1), Wis. Stats., and interpreting ss. 440.03 (1), 440.08 (3) (b), 440.62 (5) (b) 2., 440.64 (1) (b), and 454.20 to 454.295., Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider emergency rules and an order for permanent rules to amend ss. SPS 60.01, 61.02 (1) (a), (2) (a), (3) (a) and (4) (a), 62.10 (title) and 62.10, 65.01, 65.02 (1), 65.07, and 65.12 (1) (h) and (i) 6., and to create chapter SPS 205, relating to barbers and to barbering and cosmetology schools and instructors.

As provided in s.227.24 (4), Wis. Stats., this hearing will also be for emergency rules currently in effect that have identically amended these SPS sections and nearly identically created chapter SPS 205.

Hearing Information

Date:   Tuesday, April 30, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Ave.
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing

The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact [e-mail].

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place where Comments Are to be Submitted and Deadline for Submission

Comments may be submitted to Sam Rockweiler, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, WI, 53708-0427; telephone [phone] or at Contact Through Relay; e-mail [e-mail]. Comments must be received on or before April 30, 2013, to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed permanent rule and the corresponding emergency rules are available upon request to Sam Rockweiler, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708; by email at [e-mail]; or on our website at http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 440.03 (1), 440.08 (3) (b), 440.62 (5) (b) 2., 440.64 (1) (b), and 454.20 to 454.295.

Statutory authority

Sections 227.11 (2) (a), 440.03 (1), 440.08 (3) (b), 440.62 (5) (b) 2., 440.64 (1) (b), 454.23 (6) (b), 454.25 (1) (a), (2) and (3); 454.26 (3) (b), and 454.265 (1).

Explanation of agency authority

Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Section 440.03 (1) of the Statutes authorizes the Department to promulgate rules defining uniform procedures for investigating complaints, commencing disciplinary proceedings, and conducting hearings. Section 440.08 (3) (b) authorizes the Department to promulgate rules requiring holders of licenses that have expired for five years or more to comply with requirements which are beyond the renewal requirements for within those five years. Section 440.62 (5) (b) 2. obligates the Department to establish the minimum curriculum for barbering schools and the minimum standards for instruction, materials, and equipment at barbering schools. Section 440.64 (1) (b) requires the Department to promulgate marketing, educational and fiscally-related rules for barbering schools.

Section 454.23 (6) (b) of the Statutes obligates the Department to establish, by rule, the limits of minimal barbering work, for inactive licensees. Section 454.25 (1) (a) authorizes the Department to promulgate rules for providing barbering services outside of a licensed barbering establishment. Sections 454.25 (2) and (3) allow the Department to establish, by rule, requirements for licensing barbering establishments; and require the Department to establish, by rule, minimum health and safety standards for such establishments, respectively. Section 454.26 (3) (b) obligates the Department to prescribe, by rule, the practical training and schooling that a barbering apprentice must receive. Section 454.265 (1) obligates the Department to promulgate rules establishing limited continuing-education requirements for licensed barbers.

Related statute or rule

Sections 454.01 to 454.16 of the Statutes address the practice and licensure of cosmetology, as overseen by the Cosmetology Examining Board. Chapters BC 1 to 11, as promulgated by the Board, interpret and implement those statutory provisions. Under those statutory provisions and the rules in chs. BC 1 to 11, licensed cosmetologists can perform barbering, in licensed cosmetology establishments.

Plain language analysis

These rules address the elements needed to implement the barbering components of 2011 Wisconsin Act 190. This Act primarily separated the previously combined barbering and cosmetology professions, through comprehensive changes to chapter 454 of the Statutes, and transferred the authority for regulation of the barbering profession from the Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services. Act 190 also changed the education requirements for initial licensure of barbers, and the continuing-education (CE) requirements for renewal of barber licenses — and these rules are consistent with those changes. The rules also contain the changes that are needed in chapters SPS 60 to 65 for separating the curriculum requirements and licensure for schools of barbering, from the curriculum requirements and licensure for schools of cosmetology.

The rules also contain several new criteria that may be of interest to some stakeholders. These criteria include the following: (1) the barber-license syllabus is revised to require substantially fewer hours of instruction; (2) managers are allowed to delegate their supervision of an apprentice to a licensed barber who has at least 2,000 hours of licensed practice; (3) cosmetology apprentices are allowed to transfer their apprenticeship hours to a barbering apprenticeship, on a one-to-one basis; (4) inactive licensees are prohibited from receiving compensation and from practicing in a licensed establishment; (5) licensed cosmetologists and cosmetology establishments are allowed, until March 31, 2015, to convert to a barbering license; (6) reinstatement of a license that is expired for 5 years or more is clarified as always including reexamination, but not including compliance with CE requirements; (7) an 8-year length of licensed practice allows a licensee to stop acquiring CE credits; (8) a CE test-out exam is allowed in lieu of obtaining CE credits; (8) a cosmetologist who has been licensed for less than 8 years and who elects at the time of renewal in 2013 to be issued a barber license is required to complete 4 CE hours for the 2015 renewal; (9) a cosmetologist who has been licensed for less than 8 years and who elects at the time of renewal in 2015 to be issued a barber license is required to complete 4 CE hours for the 2017 renewal; (10) licensees are no longer limited to obtaining a maximum of 3 credit hours for teaching CE, and the prohibition against full-time faculty claiming CE credits for teaching is deleted; (11) instruction in a CE program must include amplification, evaluation, examples, and explanation of the course subject matter to the licensee; and (12) a request for a hearing on a citation must include reasons why the assessment of a forfeiture should be reviewed.

Summary of, and comparison with, existing or proposed federal regulations

The federal government does not regulate barbering professions in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor. Such regulations are generally administered under state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.

Comparison with rules in adjacent states

An Internet-based search found the following requirements for barbering in the four adjacent states:

a. The Michigan Board of Barber Examiners regulates and licenses barbers, barber students, barber colleges, barber instructors, student instructors, and barbershops. Licensure of barbers and barber instructors is based on examination. Licenses typically are renewed every 2 years, apparently without any CE credits. Barber services must be provided only in a licensed establishment. To become licensed, a barbershop must submit an application, a fee and a self-inspection report attesting to meeting sanitation and establishment standards prescribed in the corresponding rules. A barbershop must be completely partitioned from any dwelling and must not be occupied for lodging or residential purposes. If the ownership or location of a shop changes, a new application and inspection is required. The licenses of the barbershop and all barbers working in the barbershop must be displayed in a prominent place visible to the public at all times.

b. The Illinois Department of Financial and Professional Regulation licenses barbers, barber teachers and barber schools – and registers barbershops – in cooperation with the Barber, Cosmetology, Esthetics and Nail Technology Board. Licensees are required to follow prescribed sanitation standards. Licensure of barbers and barber teachers is based on examination, and is subject to renewal every two years. Barber schools must comply with curriculum and recordkeeping requirements. No CE requirements were found.

c. The Iowa Department of Public Health, through its Board of Barbering, administers licensure of barbers, barber schools, barber instructors and barbershops – and inspects barbershops. Licensure of barbers is based on examination, and licensed cosmetologists are allowed to supervise licensed barbers. Barbers must complete 8 hours of CE credits every 2 years for license renewal, and on-line or independent study does not count toward those credits.

d. The Minnesota Board of Barber Examiners registers apprentices and barbers – and licenses instructors, barber schools and barbershops. Examinations are required for apprentices, barbers and instructors. Operation and sanitation standards are prescribed for barbershops, and shops are subject to inspection by the Board's inspectors. Barbers and barber instructors and schools must renew their credentials.

Summary of factual data and analytical methodologies

The methodology for developing these rules consisted primarily of (1) reviewing 2011 Wisconsin Act 190, including the non-statutory provisions; (2) incorporating the elements from chapters BC 1 to 11 that previously pertained to barbering; (3) incorporating best practices that have evolved since chapters BC 1 to 11 were last updated; and (4) incorporating input from the Department's barbering advisory committee. The members of that committee represent various aspects of the barbering industry.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The Department used its advisory committee as a primary source for determining the potential impacts of both the technical and administrative elements of these rules. A responsibility of committee members is to bring forth any concerns they may be aware of or have with the current requirements and with these rule changes, and any concerns for any potential economic impacts from the changes.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in section 227.114 (1) of the Statutes.

The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] or by calling [phone].

Agency Contact Person

Sam Rockweiler, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, WI, 53708-0427; telephone [phone] or at Contact Through Relay; e-mail [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapters SPS 60/Authority, Scope, Purpose and Definitions; 61/Licensing of Schools and Specialty Schools; 62/Regulation of Schools and Specialty Schools; 65/Persons Providing Practical Instruction In Schools; and 205/Barbers.
3. Subject
Barbers, and Barbering and Cosmetology Schools and Instructors.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			None.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The rule implements the barbering components of 2011 Wisconsin Act 190.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The Department used its advisory committee as the primary source for determining the potential impacts of both the technical and administrative elements of these rules. A responsibility of committee members is to bring forth any concerns they may be aware of or have with the current requirements and with these rule changes, and any concerns for any potential economic impacts from the changes. The Committee includes two barber members, one barber/cosmetology member, one barber/cosmetology instructor, one educator member, and one apprentice representative from the Department of Workforce Development.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The Department estimates that these rules will have a slight fiscal impact. They will require staff time in the Division of Policy Development and Division of Management Services. The total one-time salary and fringe costs are estimated to be approximately $5,071. There are no additional on-going salary and fringe costs estimated at this time. These rules are not expected to impose significant additional costs or other impacts on other entities because the primary effect of the rules is to no longer require barbering to comply with the more intensive requirements that are applied to cosmetology.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rules essentially provide the framework for licensing barbers, barbering managers, and barbering establishments. No alternate framework would be available if the rules are not implemented.
14. Long Range Implications of Implementing the Rule
None known or anticipated.
15. Compare With Approaches Being Used by Federal Government
The federal government does not regulate barbering professions in the states.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See the detailed comparison in the rule analysis that precedes the rules.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

This document can be made available in alternate formats to individuals with disabilities upon request.