Effective Date:
July 17, 1995
Expiration Date:
December 14, 1995
EMERGENCY RULES NOW IN EFFECT (2)
Insurance
Note: On August 17, 1995, the Joint Committee for Review of Administrative Rules suspended a portion of this emergency rule relating to service corporations.
1. Rules adopted revising ch. Ins 17, relating to the patients compensation fund.
FINDING OF EMERGENCY
The commissioner of insurance (commissioner) finds that an emergency exists and that promulgation of an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
The commissioner was unable to promulgate a permanent rule corresponding to this emergency rule in time for the patients compensation fund (fund) to bill health care providers in a timely manner for fees applicable to the fiscal year beginning July 1, 1995. The amount of the fees established by this rule could not be determined until after the governor signed 1995 Wis. Act 10, which imposes a $350,000 cap on noneconomic damages in medical malpractice actions and therefore affects the level of funding needed for the fund.
The commissioner expects that the permanent rule will be filed with the secretary of state in time to take effect October 1, 1995. Because this rule first applies on July 1, 1993, it is necessary to promulgate the rule on an emergency basis.
Publication Date:
June 14, 1995
Effective Date:
June 14, 1995
Expiration Date:
November 11, 1995
Hearing Date:
July 21, 1995
Extension Through:
December 10, 1995
2. Rules adopted amending ss. Ins 6.57 (4), 6.58 (5) (a) and 6.59 (4) (a), relating to the fees for listing insurance agents and renewal of corporation licenses and other licensing procedures.
FINDING OF EMERGENCY
The Commissioner of Insurance finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows: In the biennial budget passed by the legislature, the permissible fees collected by OCI were raised for certain activities. The implementation of the increased fees require a rule change. These increased fees were utilized in preparing OCI's budget. Without the increased fees, OCI may not have the revenue needed to balance its budget. The normal rulemaking procedure has been started but, even without unforeseen delays, the changes will not take effect until near the end of the current fiscal year. Therefore, it is necessary to change the rules with an emergency rule in order to provide adequate and necessary revenues.
Publication Date:
October 9, 1995
Effective Date:
October 9, 1995
Expiration Date:
March 8, 1996
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rules adopted revising ch. NR 10, relating to the 1995 migratory game bird season.
FINDING OF EMERGENCY
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
The foregoing rules are approved and adopted by the Natural Resources Board on August 18, 1995.
Publication Date:
September 1, 1995
Effective Date:
September 1, 1995
Expiration Date:
January 29, 1996
Hearing Date:
October 16, 1995
EMERGENCY RULES NOW IN EFFECT (3)
State Public Defender
1. Rules adopted creating s. PD 3.039, relating to redetermination of indigency.
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 that only eligible persons receive agency services and that persons determined to be eligible remain eligible during the pendency of representation. The proposed rule is needed to establish authority for the agency to redetermine indigency when a person has a change in financial circumstances during the course of representation and to withdraw from representation if a person is determined non-indigent and ineligible for services during the course of representation. Without the proposed rule, persons who become non-indigent during representation could continue to receive agency representation, which would not serve the public interest.
Publication Date:
August 29, 1995
Effective Date:
August 29, 1995
Expiration Date:
January 26, 1996
Hearing Date:
September 26, 1995
2. Rules adopted revising ch. PD 6, relating to repayment of cost of legal representation.
FINDING OF EMERGENCY
The State Public Defender Board finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The statement of facts constituting the emergency is as follows:
It is essential that the Office of the State Public Defender collect for the cost of representation from persons who have the present or future ability to reimburse the agency for the cost of providing counsel. The proposed rules are needed for the agency to establish fixed amounts as flat payments for the cost of representation that a person may elect to pay. The rules are also needed to establish authority for the agency to collect for the cost of representation from parents of juveniles who received services, unless the parents have been determined to be indigent. The 1995-97 biennial budget calls upon the agency to collect approximately $2.9 million from clients in the first year of the biennium and approximately $3.3 million in the second year of the biennium. Thus, it serves the public interest that the proposed emergency rules be created.
Publication Date:
August 31, 1995
Effective Date:
August 31, 1995
Expiration Date:
January 28, 1996
Hearing Date:
September 26, 1995
3. Rules were adopted revising ch. PD 6, relating to payment of attorney fees.
FINDING OF EMERGENCY
The State Public Defender Board finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The statement of facts constituting the emergency is as follows:
It is essential that the Office of the State Public Defender collect for the cost of representation from persons who have the present or future ability to reimburse the agency for the cost of providing counsel. The proposed rules are needed to establish procedures for determining clients' ability to pay and for referring uncollected accounts to the department of administration for collection. The proposed rules also establish that the agency shall provide written notice to clients of the repayment obligation for the cost of legal representation. The 1995-97 biennial budget calls upon the agency to collect approximately $2.9 million from clients in the first year of the biennium and approximately $3.3 million in the second year of the biennium. Thus, it serves the public interest that the proposed emergency rules be created.
Publication Date:
November 20, 1995
Effective Date:
November 20, 1995
Expiration Date:
April 19, 1996
EMERGENCY RULES NOW IN EFFECT (3)
Public Instruction
1. 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
Extension Through:
January 19, 1996
2. Rules adopted revising chs. PI 3 and 4, relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components.
FINDING OF EMERGENCY
Current rule requirements relating to substitute teacher permits and special education program aide licenses are prescriptive and, in some cases, have caused a shortage of qualified individuals to teach as substitutes or special education aides. The emergency rule provides flexibility in licensing and hiring qualified substitute teachers, special education aides, and principals.
Current rule requirements provide for two levels of school principal licensure, with different requirements for each level. The two levels of licensure are “elementary/middle level” and “middle/secondary level.” 1995 Wisconsin Act 27 (the 1995-97 biennial budget bill) provides that a school principal license must authorize the individual to serve as a principal for any grade level. The emergency rule conforms principal licensure rules with statutory language requirements.
Current provisions relating to general education components/professional education program requirements are overly prescriptive for campuses. The UW-System has initiated a requirement that puts a ceiling on the number of credits in an undergraduate program (140) and the department is moving to a performance-based approach to licensing where the knowledge and skills of license candidates will be assessed rather than just counting the credits that they have taken in college. The emergency rule provides flexibility for university systems to offer quality educational programs without prescribing what must or must not be included in their general education component.
In order for teachers to apply for or renew a substitute teacher permit, special education aide license or principal license to be effective for the upcoming school year (licenses are issued July 1 through June 30) and for schools to hire qualified staff from a sufficient pool of applicants, rules must be in place as soon as possible. Also, in order to allow the UW-system more flexibility to offer education programs for the upcoming school year, rules need to be in place as soon as possible.
Therefore, the state superintendent finds that an emergency exists and that promulgation of emergency rules is necessary to preserve the public welfare.
Publication Date:
August 21, 1995
Effective Date:
August 21, 1995
Expiration Date:
January 18, 1996
Hearing Date:
November 1, 1995
3. Rules adopted creating s. PI 11.13(4) and (5), relating to interim alternative educational settings for children with EEN who bring firearms to school.
FINDING OF EMERGENCY
In order to apply the new federal “stay-put” exception in Wisconsin, as described in the analysis and relating to children with EEN who bring a firearm to school, the administrative rule regarding placement of children during due process proceedings must be changed and in place before the next school year begins.
Therefore, the state superintendent finds that an emergency exists and that promulgation of emergency rules is necessary to preserve the public welfare.
Publication Date:
August 21, 1995
Effective Date:
August 21, 1995
Expiration Date:
January 18, 1996
Hearing Dates:
November 1 & 7, 1995
EMERGENCY RULES NOW IN EFFECT
