FINDING OF EMERGENCY
The Department of Natural Resources finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The yellow perch population in Lake Michigan is rapidly declining. This decline reflects five consecutive years of extremely poor reproduction. Sport and commercial harvests of adult yellow perch must be limited immediately in order to maximize the probability of good reproduction in the near future. The harvest limitations proposed here are part of a four-state yellow perch protection plan.
Publication Date:
May 31, 1995
Effective Dates: June 1, 1995 (part) & July 1, 1995 (part)
Expiration Dates: October 29, 1995 & November 28, 1995
EMERGENCY RULES NOW IN EFFECT (2)
State Public Defender
1. Rules adopted revising ch. SPD 3, relating to indigency evaluation and verification.
FINDING OF EMERGENCY
The State Public Defender Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
It is essential that the Office of the State Public Defender ensure that only eligible applicants receive agency services. The proposed changes are needed to establish authority for the agency to revise its indigency evaluation procedures and to initiate verification of income. Without these changes it will be difficult to access and verify an applicant's eligibility with accuracy; and thus the public interest will not be served.
ANALYSIS
These proposed rules implement recommendations made by the Legislative Audit Bureau in its recent audit of the Office of the State Public Defender. Specifically, the rules: 1) codify the agency's verification of indigency evaluation procedures; 2) specify the anticipated cost of retaining counsel for involuntary termination of parental rights cases for purposes of the indigency calculation; 3) provides for additional verification for applicants who have equity in real estate; 4) specifies which emergency and essential costs may be calculated in the indigency formula; 5) clarifies under what circumstances an applicant's spouse income must be counted; 6) provides that persons whose sole income is SSI are eligible for the program; 7) prohibits voluntary termination of employment for purposes of qualifying for SPD representation; and 8) clarifies trial court access to agency indigency evaluations during the pendency of a case.
Publication Date:
May 12, 1995
Effective Date:
May 12, 1995
Expiration Date:
October 9, 1995
Hearing Date:
July 11, 1995
2. Rules adopted revising ch. SPD 4, relating to limiting the allowable billable hours for private bar attorneys.
FINDING OF EMERGENCY
The State Public Defender Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the public health, safety or welfare. A statement of the facts constituting the emergency is:
The Office of the State Public Defender assigns approximately 40% of its cases annually to private bar attorneys. To ensure that assignments are made within budgetary expenditures that provide efficient and effective representation of the public, the proposed rule is necessary.
ANALYSIS
This proposed rule caps private attorney billable hours at 2080 hours per year. This number is equivalent to the hours worked in a full-time job.
Under the proposed rule, any private bar attorney who foresees exceptional circumstances what will cause an excess of 2080 billable hours a year, may petition the state public defender board for advance approval for payment of those excess hours. In addition, any private attorney who is denied payment for hours worked in excess of 2080 per year may appeal the denial of payment to the state public defender board.
Publication Date:
June 14, 1995
Effective Date:
June 16, 1995
Expiration Date:
November 13, 1995
Hearing Date:
July 11, 1995
EMERGENCY RULES NOW IN EFFECT
Public Instruction
Rules adopted revising s. PI 11.07, relating to transfer pupils with exceptional educational needs (EEN).
FINDING OF EMERGENCY
Currently school districts and Department of Health and Social Services (DHSS) operated facilities are not required by rule to implement an exceptional education needs (EEN) transfer pupil's Individualized Educational Program (IEP) from the sending district or facility nor are they permitted to formally adopt the M-team evaluation and IEP from the sending district. This results in an interruption of special education and related services for such transfer pupils identified as having an EEN. The interruption of services is prohibited by federal law under the Individuals with Disabilities Education Act.
The emergency rules require school districts and facilities implement an EEN transfer pupil's IEP from the sending school or facility. The emergency rules also allow the receiving school district or facility to adopt the sending district or facility's M-team evaluation and IEP.
Therefore, the state superintendent finds that an emergency exists and that promulgation of emergency rules is necessary to preserve the public health and welfare.
Publication Date:
April 24, 1995
Effective Date:
April 24, 1995
Expiration Date:
September 21, 1995
Hearing Dates:
July 19 & 20, 1995
EMERGENCY RULES NOW IN EFFECT
Commissioner of Transportation
[Commissioner of Railroads]
Rules adopted revising ch. OCT 5, relating to intrastate railroad rate regulation.
FINDING OF EMERGENCY
The office of the commissioner of railroads (OCR) finds that an emergency exits and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
By state law, the OCR regulates intrastate rail rates. Every five years, the Interstate Commerce Commission (ICC) must certify that the OCR's rules conform to federal law. The OCR's current certification expires on September 23, 1995. These rules conform the rules to changes in federal law. The rule changes need to be in effect so that the OCR can submit them to the ICC for its approval by the certification's expiration date. If the OCR follows the non-emergency procedures to adopt these rule changes, the rules would not be in effect in time for the ICC to recertify the OCRF before expiration.
The OCR did not commence these proceedings earlier because the governor's 1995-1997 budget proposed to eliminate the OCR and repeal the statutes authorizing intrastate rate regulation. While final action on the budget is not complete, the legislature's Joint Committee on Finance has adopted a motion to retain the OCR and its regulatory authority. The OCR intends to adopt these rules as permanent and is commencing that process concurrently with the adoption of these emergency rules.
Publication Date:
July 6, 1995
Effective Date:
July 14, 1995
Expiration Date:
December 11, 1995
EMERGENCY RULES NOW IN EFFECT
Department of Transportation
Rules adopted revising ch. Trans 327, relating to motor carriers safety requirements.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is that Wisconsin has been notified by the U.S. Department of Transportation that it will lose $700,000 in Motor Carrier Safety funds on April 1, 1995 unless the Wisconsin rule for Motor Carrier Safety more strictly complies with the federal regulations. Loss of these funds will have a direct effect on public health and safety by forcing substantial reductions in State Patrol inspection and enforcement activities involving operation of commercial motor vehicles on the highways of Wisconsin.
Publication Date:
April 1, 1995
Effective Date:
April 1, 1995
Expiration Date:
August 29, 1995
Hearing Date:
May 3, 1995
Extension Through:
August 31, 1995
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 95-175):
Chs. ATCP 79 and 81 - Relating to cheese grading, packaging and labeling, and standard of identity and labeling requirements for Baby Swiss cheese.
Ch. DOC 316 - Relating to medical, dental and nursing copayment charge to be paid by inmates.
S. Med 13.03 - Relating to the biennial training requirement for physicians.
SS. NR 25.07 and 25.08 - Relating to quota allocation, quota transfers and commercial fishing for smelt on Lake Michigan and Green Bay.
Ch. NR 45 - Relating to state land use regulations.
Ch. NR 440 - Relating to incorporation of revisions and additions to the federal new source performance standards.
Chs. NR 400 to 499 and s. NR 30.03 - Relating to clarification and cleanup changes in ch. NR 30 and throughout the NR 400 series.
S. Psy 4.02 (1), (2), (3) and (4) - Relating to continuing education.
S. Psy 4.02 (5) and (6) - Relating to the biennial training requirement for psychologists.
SS. SPD 4.02, 4.03 and 4.06 - Relating to capping private bar attorney billable hours to 2,080 hours annually.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board
(CR 95-55):
S. SFC 3.11 - Relating to temporary certificates issued to social workers.
