This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Lab work authorizations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to eliminate the requirement that the written work authorization shall be on a form approved by the board. The proposed rule will also allow for current technologies.
The Dentistry Examining Board identified this proposed rule as part of its Executive Order #61 review to identify ways to reduce the burden on small businesses.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently, the rule states the written work authorization shall be on a form approved by the board. This provision is obsolete in that the board does not approve such forms. The current rule also reflects the technology available in 1972 when the rule was last updated by requiring written lab work authorizations with carbon copies.
The new policy proposed is to eliminate the requirement that the board approve the form. It will also update the rule to reflect current dental practice requirements and technologies for lab work authorizations.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b). Each 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Dentists and dental laboratories.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimum or none.
Contact Person
Sharon Henes, (608) 261-5573.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Applications and Education.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
With the exception of renumbering these chapters to reflect the Department of Safety and Professional Services and the Real Estate Examining Board (the Board), these chapters have had only minor revisions dating back to 1998 and 1999, respectively.
The Board seeks to update, clarify, correct or repeal provisions relating to original, renewal and examination applications; documentation of applications; internal processing of applications and examinations including, but not limited to, parts of original and renewal examinations; and the handling of expired licenses. In addition the Board seeks to update, clarify, correct, or repeal provisions relating to definitions; educational program content, continuing education and requirements for real estate brokers and real estate salespersons; means by which education is presented; and requirements for out-of-state applicants and licensees. Other changes reflect sections repealed by various recently enacted Wis. Acts.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed changes will serve to clarify, correct, or repeal certain current provisions to recognize contemporary technologies. The alternative is having provisions not reflecting current practices and technologies.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), requires all examining boards to “
…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."
Section
227.11 (2) (a), Stats., authorizes all agencies to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes.
Section
452.07 (1), Stats., obligates the Real Estate Examining Board to “
…promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 450 hours, depending on the complexity. This includes coordinating the rule-making process with the Board's meeting schedule, conducting research, drafting and processing the proposed rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
These rules may have a minimal affect on any professional organization, approved course provider or instructor, or approved school of learning providing pre-application or continuing education for applicants or licensees.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet-based search of the U.S. Code and the code of federal regulations (CFR) for applications and education relating to the licensing of real estate brokers and real estate salespersons did not reveal any existing or proposed regulations at the federal level.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Any anticipated cost of complying with the proposed rule is deemed minimal to none.
Contact Person
Jean MacCubbin, 608-266-0955.
Workforce Development
Worker's Compensation; Mining Damage Claims,
Chs.
DWD 80-
82
This statement of scope was approved by the governor on May 29, 2013.
Rule No.
Relating to
Audio recording of hearings.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule would create s.
DWD 80.13 that would authorize the parties to worker's compensation cases to make audio recordings of formal hearings in a non-obstructive and non-disruptive manner. With this proposed rule a party may audio record a formal hearing for his or her personal purposes. The audio recording will not be the official record of the hearing. The proposed rule has been approved by the Worker's Compensation Advisory Council.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule was approved by the Worker's Compensation Advisory Council. There is currently no statute or rule that addresses the audio recording of a worker's compensation hearing by the parties to the case. The proposed rule authorizes the parties to the case to audio record a hearing in a manner that will maintain decorum.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
102.15 (2), Stats., provides that subject to ch.
102, Stats., the department may adopt its own rules of procedure and may change the same from time to time. Section
103.005 (1), Stats., provides the department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings. The proposed rule is a procedural rule that will regulate the mode and manner of hearings.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 80 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The parties to worker's compensation cases are the entities that will be affected by the proposed rule. The parties include injured employees with worker's compensation claims, employers, worker's compensation insurance carriers, and self-insured employers.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are currently no existing or proposed federal regulations related to the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The proposed rule will have no economic impact locally or statewide.
Contact Person
For program questions:
Jim O'Malley, Director, Legal Services Bureau
Worker's Compensation Division, DWD
P.O. Box 7901, Madison WI 53707
