Rule-Making Notices (Hearing Notices)

Statutory authority

Section 15.08 (5) (b), Wis. Stats.

Explanation of agency authority

The examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.

Related statute or rule

Section 457.14 (2), Wis. Stats.

Plain language analysis

The Social Worker Section issues a temporary certificate or license when all the licensure requirements are met with the exception of the examination. The statute states that a temporary certificate or license may be renewed once by that section of the examining board. This amendment will bring the rule into conformity with the statute.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois no longer issues a temporary social worker credential.

Iowa: Iowa does not have a temporary social worker credential.

Michigan: Michigan grants a two year limited license to engage in the 2 year post degree experience to those who have completed the educational requirements for licensure. A limited license is renewable for not more than 6 years. Mich. Comp. Laws § 333.18509(2).

Minnesota: Minnesota may grant a temporary license to practice social work to applicants who have completed the education and examination to those unlicensed or to applicants in emergency situations if licensed in another jurisdiction. This temporary license expires after six months. Minnesota also may grant a temporary license to an applicant who completed education from a program in candidacy status with an accrediting body or for an applicant to teach social work at an academic institution in Minnesota. These temporary licenses expire after 12 months. There is no provision indicating a renewal of the temporary license. Minn. Stat. § 148E.060

Summary of factual data and analytical methodologies

The factual data and methodology was to change the rule to be consistent with the statute.

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

This rule merely conforms the rule to the statute and there is no effect on small business.

This rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.

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 s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [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
MPSW 3
3. Subject
Temporary credential
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ 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 statute states that a temporary credential may be renewed once by the Social Work section and the rule states it can't be renewed.
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.
None
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)
There is no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units. In preparation of the EIA, the rule was posted for economic comments for a period of at least 14 days and received no comments.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implement the rule is to have conformity with the statute.
14. Long Range Implications of Implementing the Rule
The benefit of implement the rule is to have conformity with the statute.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois and Iowa do not have temporary social worker credentials. Michigan grants a two year limited license to engage in post degree experience and this limited license is renewable for not more than six years. Minnesota may grant a temporary license to practice social to applicants who have completed the education and exam to those unlicensed or to applicants in emergency situations if licensed in another jurisdiction and this temporary license expires after six months. Minnesota may also grant a temporary license to teach social work at an academic institution in Minnesota and this license expire after 12 months and there is no provision indicating a renewal.
17. Contact Name				18. Contact Phone Number
Sharon Henes				[phone]

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

Notice of Hearing

Transportation

rulemaking_notices CR 13-093 CR 13-093

NOTICE IS HEREBY GIVEN That pursuant to ss. 85.16, 227.11 (2), 348.25 (3), 348.26 (2), and 348.27 (2), Stats., the Department of Transportation will hold a public hearing to consider the an order to repeal ss. Trans254.10 (5) (title), (a) and (b), 255.03 (2) (b) (note) and 255.10 (5) (title), (a), and (b); to amend ss. Trans 254.03 (2) (a) and (c), (3) (note), 254.11 (1), (2) (intro.) and (a) to (d), (3) (intro.) and (b), (4) (b), 254.12 (2), 254.16 (1) and (2), 255.03 (2) (a), 255.11(1), (2) (intro.) and (a) to (d), (3) (intro.) and (b), (4) (intro.) and (b), and 255.12 (2); and to create ss. Trans 254.02 (2) (c) and (note), 254.03 (1m), 254.11 (2) (d) (note), (4a) (note), 254.15 (5) and (note), 255.02 (2) (c) and (note), 255.03 (1m), (2) (c), and (note), 255.11 (2) (d) (note), (4a) (note), and 255.15 (5) and (5) (note), relating to single and multiple trip permits for oversize or overweight vehicles or loads and affecting small businesses.

Hearing Information

Date:   Thursday, January 9, 2014
Time:   9:00 a.m. to 1:30 p.m.
  Hearing starts: 9:30 a.m.
Location:   Wisconsin Department of Transportation
  DTSD — Milwaukee Field Office
  Wisconsin Room — 2nd floor
  1001 West St. Paul Avenue
  Milwaukee, WI 53233

Date:   Thursday, January 23, 2014
Time:   9:00 a.m. to 1:30 p.m.
  Hearing starts: 9:30 a.m.
Location:   Wisconsin Department of Transportation
  Hill Farms State Transportation Building
  4802 Sheboygan Avenue
  Room 364
  Madison, WI 53707

Accessibility

English

DOT is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Kathleen Nichols at 608-261-2574.You must make your request at least 7 days before the activity.

Spanish

El PUNTO es patrón de la oportunidad igual y abastecedor de servicio. Si usted necesita comodidades debido a una inhabilidad o necesita a un intérprete o a traductor, o si usted necesita este material en otra lengua o en un formato alterno, usted puede solicitar ayuda de participar entrando en contacto con a Kathleen Nichols en 608-261-2574. You debe hacer su petición por lo menos 7 días antes de la actividad.

Hmong

DOT yog ib cov chaw ua hauj lwm vaj huam sib luag thiab muab kev pab. Yog hais tias koj xav tau kev kho kom haum vim yog muaj mob xiam oob qhab los yog xav tau ib tug neeg txhais lus los txhais, los yog hais tias koj xav tau qhov khoom ntawd rau lwm hom lus los yog txhais ua lwm hom ntawv, koj yuav thov kev pab mus xamphaj Kathleen Nichols ntawm 608-261-2574. yuav tsum ua koj txoj kev thov txog li 7 hnub ua ntej qhov kev ua.

To view the proposed amendments to the rules and view the current rules, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm

Copies of Proposed Rule and Fiscal Estimate - Economic Impact Analysis

A copy of the proposed rule and the fiscal estimate-economic impact analysis may be obtained from the Department of Transportation at no charge by downloading the documents from www.adminrules.wisconsin.gov or by contacting:

Kathleen Nichols

Motor Carrier Services Section, Division of Motor Vehicles

Wisconsin Department of Transportation

4802 Sheboygan Avenue, Room 151

P.O. Box 7980

Madison, WI 53707-7980

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Kathleen Nichols via e-mail or U.S. mail, or to the Wisconsin Administrative Rules Website at www.adminrules.wisconsin.gov until Friday, January 17, 2014, at 4:30 p.m.

Impact on Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a negative economic impact on small business. The Department's Small Business Regulatory Coordinator, Michele Carter, may be contacted at: [phone] or [phone], or by e-mailing her at: [e-mail] .

Environmental Impact

The Department has made a preliminary determination that this action does not involve adverse environmental effects and does not need an environmental analysis. No petition has been received requesting an environmental analysis.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Sections 85.16, 227.11, 348.02, 348.05, 348.06, 348.07, 348.09, 348.10 (1), 348.11, 348.15, 348.17, 348.18, 349.16, 348.25, 348.26, and 348.27, Stats.

Statutory authority

Sections 85.16, 227.11 (2), 348.25 (3), 348.26 (2), and 348.27 (2), Stats.

Explanation of agency authority

Under s. 85.16, Stats., the Department of Transportation (WisDOT) has the authority to make reasonable and uniform rules for the discharge of its powers, duties and functions. Section 227.11 (2), Stats., identifies areas where rule-making authority is expressly conferred upon agencies, including where necessary to effectuate the purpose of a statute, to prescribe forms and procedures, and to formalize general policies in deciding individual cases.

Sections 348.05 (1), 348.06 (1), 348.07 (1), 348.09 (1), 348.10 (1), 348.15 (3), and 348.17 (1), Stats., prohibit the operation of vehicles exceeding certain size and weight limits on highways without a permit. Under ss. 348.26 (2) and 348.27 (2), Stats., the Department is authorized to issue permits for single and multiple trip vehicle loads exceeding these limits. Section 348.25 (3), Stats., requires the Department to prescribe forms for such permits. Chapters Trans 254 and 255 effectuate the purposes of these statutes, prescribe forms and procedures, and formalize general policies in issuing single and multiple trip permits for the operation of oversize or overweight vehicles on highways under WisDOT's jurisdiction.

Related statute or rule

Chapter 348, Stats., establishes restrictions on the operation of vehicles without a permit, based on vehicle size, weight and load. Chapters Trans 250 to 253, 254 (affected by this order), 255 (affected by this order), 256 to 263, and 269 establish standards and procedures for various permits under ch. 348, Stats.

Plain language analysis

This rulemaking modifies regulations related to the transportation of oversize and overweight (OS/OW) vehicles and loads on Wisconsin highways. It is almost impossible to briefly summarize all the various rules and exceptions to rules governing the transportation of OS/OW loads. In general, trucks and their loads should be 8'-6" or narrower, 13'-6" or shorter, and less than 75' in length. Length requirements, in particular, are highly variable and range from 45' to 75' depending on the configuration of the truck hauling the load. Generally speaking, weight limits depend on the vehicle configuration, the class of highway and the time of year.

Special permission and precautions must be taken to insure that vehicles exceeding size and weight limits do not damage the highway facility or endanger other travelers. In order to operate a vehicle exceeding size and weight limits, state law requires the truck operator to first obtain a permit from the appropriate authority. On state highways, WisDOT is that authority. WisDOT issues OS/OW permits through the Division of Motor Vehicles (DMV) Motor Carrier Services Section, working in coordination with traffic and safety engineers from the Freight Operations Office of the Division of Transportation System Development (DTSD).

The proposed revisions to chs. Trans 254 and Trans 255 increase the hours OS/OW vehicles may operate on state highways, relax route limitations to reflect improvements to the Milwaukee County Freeway System, eliminate outdated requirements based on federal laws that have been repealed, update permit application provisions to reflect WisDOT's current practices, and require permittees to check WisDOT's 511 traffic information system.

Hours of operation. One important consideration when issuing an oversize permit is the intended hours of operation (permitted overweight vehicles may normally operate 24 hours a day). Restricting oversize vehicle travel during a highway's busiest hours increases highway safety. Under current law, oversize vehicles are prohibited from operating throughout the state during what was once considered peak operating times. However, modern data collection tools used by DTSD and DMV make it possible for WisDOT to adopt more specific restrictions on travel times.

These revisions reduce the duration of weekend and holiday evening travel time restrictions. WisDOT also proposes to make these restrictions only applicable in certain counties, lifting evening oversize restrictions in other parts of the state. The results are summarized in the table below.

Current Law:	This Order:
•Trans 254/Trans 255 permitted oversize vehicles may not travel:
Between 4:00 p.m. and 11:00 p.m. on Sunday. Current Law:	Between 3:30 p.m. and 8:00 p.m. on Sunday. This Order:
Between 4:00 p.m. and 11:00 p.m. on Friday between the 4th Friday in May and Labor Day.	Between 3:30 p.m. and 8:00 p.m. on Friday between the 4th Friday in May and November 1.
Between 4:00 p.m. and 11:00 p.m. on any holiday, or, when Independence Day falls on Sunday, on the following Monday; and,	Between 3:30 p.m. and 11:00 p.m. on any “restricted-travel holiday." (see definition below)
Between 4:00 p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.	Between 3:30 p.m. and 11:00 p.m. on the day before any “restricted-travel holiday." (see definition below)
These restrictions apply throughout Wisconsin.	These restrictions apply only in Brown, Columbia, Dane, Eau Claire, Milwaukee, Rock and Waukesha Counties.
•On the Milwaukee County Expressway System:
Oversize vehicles may not operate between 3:30 p.m. and 11:00 p.m. Friday and Sunday.	Oversize vehicles may not operate between 3:30 p.m. and 8:00 p.m. Friday and Sunday.

Vehicles that are exceptionally large (that is, vehicles wider than 12', taller than 13'-6", or longer than 100') will continue to be restricted to operating during daylight hours and may not travel on “restricted-travel holidays" from 12:00 noon of the day before the holiday until sunrise of the day after the holiday.

“Restricted-travel holidays." The proposed revisions to chs. Trans 254 and Trans 255 define a new term, “restricted-travel holidays." The definition reflects that not every legal holiday, as defined in Wis. Stat. s. 995.20, is associated with an increase in traffic that would necessitate oversize travel restrictions. Instead, WisDOT will issue a list of restricted-travel holidays for each following year. In the event no list is issued, default restricted-travel holidays are designated. As clarified in the added note, WisDOT's list will typically include the default restricted-travel holidays, as well as peak travel times associated with gun deer hunting season.

Route Limitations. Under current law, an oversize vehicle may not operate on the Milwaukee County Expressway System if the vehicle is wider than 11', taller than 13'-6", or longer than 100'. Since the current rule was adopted, the geometry of the Expressway System has been improved. The proposed revisions adopt restrictions that more accurately reflect the current geometrical restraints: vehicles may not be wider than 14', taller than 14'-6", or longer than 125'.

Outdated Federal Requirements. Under current law, oversized vehicle permittees may be required to fasten certain reflective black and white or black and yellow hazard markers to their loads. This provision incorporated federal regulations that have since been repealed. WisDOT does not currently require hazard markers under this provision and other load-marking requirements adequately protect the public safety. The proposed revisions to chs. Trans 254 and Trans 255 eliminate the hazard marker provision.

WisDOT's 511 System. WisDOT has developed a free, publicly-available, online traffic information system. Other private systems that report real-time traffic conditions may also be available. Timely use of such systems alerts drivers to potential hazards that could jeopardize safe transport of the load. The proposed revisions to chs. Trans 254 and Trans 255 require that permittees check either WisDOT's 511 website or an equivalent website prior to departure.

Permit Procedure Updates and Non-Substantive Revisions. Several areas of the current Trans 254 and Trans 255 list steps or procedures that are no longer used by WisDOT when processing single and multiple trip OS/OW permits. Generally speaking, WisDOT procedures have been centralized and made electronic to the extent feasible. The proposed revisions to Trans 254 and Trans 255 reflect the current application process.

Additionally, this revision incorporates a change to language involving escort vehicles. Under current law, s. Trans 254.16 indicates that the permittee may “be required...to provide…2 escorts…." [Trans 254.16 (1).] Additionally, loads 16' or wider “shall have 2 properly equipped escorts." [Trans 254.16 (2).] However, these provisions are inconsistent with WisDOT's authority and current practice. WisDOT has the authority to impose reasonable conditions on OS/OW permits under s. 348.25 (3), Stats. Section Trans 252.03 (1) authorizes WisDOT or a local authority to require the use of one or more escort vehicles as a reasonable condition of any OS/OW permit. Under current practice, WisDOT routinely requires permittees to provide the number of escort vehicles necessary, which may or may not be 2 escorts. The proposed revisions to s. Trans 254.16 indicate that “at least" or “a minimum of" 2 escorts will be required in certain circumstances. These revisions more closely resemble the language of the rule with s. Trans 252, s. 348.25 (3), Stats., and other laws, as well as with current practice, resulting in no measureable or meaningful change. [Wis. Stat. s. 227.135 (4).]

Summary of, and preliminary comparison with, existing or proposed federal regulation

A good discussion of federal vehicle size limits may be found online at:   http://ops.fhwa.dot.gov/freight/publications/size_regs_final_rpt/index.htm.

The Federal Government first enacted size regulations for commercial motor vehicles (“CMVs") with the passage of the Federal-Aid Highway Act of 1956. This Act provided a maximum vehicle width of 96 inches (8 feet or 2.44 meters) on the Interstate Highway System. Subsequently, the Federal-Aid Highway Act of 1976 increased the allowable width for buses to 102 inches (8.5 feet or 2.6 meters). The Surface Transportation Assistance Act of 1982 extended the same bus width requirement of 102 inches to commercial trucks. At the same time, the Surface Transportation Assistance Act of 1982 expanded the highway network (on which the Federal width provision applied) from the Interstate to the National Network of highways.

Loads exceeding these dimensions may only be transported on the National Network with an oversize permit.

The Surface Transportation Assistance Act of 1982 also regulated the length of CMV's. In 1982, Congress established minimum length standards for most commercial truck tractor-semitrailers and for twin trailers pulled behind a truck tractor. Congressional involvement in vehicle length reflected the desire to standardize the enforcement of length along the National Network. This standardization sought to eliminate administrative or operating confusion caused by varying State provisions governing commercial vehicle length.

Wisconsin complies with these federal requirements. This rule governs vehicles much larger than the minimum dimensions for which permits are required for operation under federal law.

There is no Federal vehicle height requirement or restriction for commercial motor vehicles. Thus, States may set their own height restrictions. Most state height limits range from 13'-6" (4.11 meters) to 14' (4.27 meters), with exceptions granted for lower clearance on particular roads.

Federal standards for construction of interstate highways set minimum vertical clearance under overhead structures (including over paved shoulders) at 16' (4.88 meters) in rural areas, and at 14' (4.27 meters) in urban areas, with allowance for extra layers of pavement. In urban areas, at least one route should have 16' (4.88-meter) clearances. Sign supports and pedestrian overpasses must be at least 17' (5.18 meters) above the road, with exceptions for some urban routes.

Not all freeways and interstate highways in Wisconsin meet these standards. Milwaukee County, in particular, has a concentration of overhead structure clearances that fail to meet these standards.

Comparison with rules in the following states