EMERGENCY RULES NOW IN EFFECT (2)
Public Instruction
1. 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
Extension Through:
March 17, 1996
2. 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
Extension Through:
March 17, 1996
EMERGENCY RULES NOW IN EFFECT
Regulation and Licensing
Rules adopted amending s. RL 2.02, and creating
ch. RL 9, relating to establishing a procedure for determining whether an applicant for credential renewal is liable for any delinquent taxes.
FINDING OF EMERGENCY
Under statutes created by 1995 Wis. Act 27, the Department of Regulation and Licensing must deny applications for license renewal filed by applicants who are liable for delinquent state taxes. These provisions first apply to applications submitted to the Department of Regulation and Licensing or to an examining board or affiliated credentialing board attached to the department to renew credentials that expire on or after January 1, 1996.
Section 440.03 (12), Stats., as created by 1995 Wis Act 27, requires the department to establish a procedure for making a determination concerning the liability of credential holders for delinquent taxes owed to this state. Newly created s. 440.08 (2r), Stats., provides that before granting an application to renew a credential issued under chs. 440 to 480, Stats., the department shall determine in accordance with the procedure established under s. 440.03 (12), Stats., whether the applicant for a credential renewal is liable for any delinquent taxes owed to this state. If the department determines that an applicant is liable for any delinquent taxes owed to this state, the department is required to deny the application, subject to the right of the applicant to have the denial reviewed at a hearing before the department.
Because the treatment of these provisions first apply to renewals applications that expire on or after January 1, 1996, and the department has determined that there are at least 40,000 credential holders whose credential will expire on January 1, 1996, preservation of the public peace, health, safety or welfare necessitates putting these rules into effect prior to the time it would take effect if the department complied with the notice, hearing and publication requirements set forth in ch. 227, Stats.
In this order the Department of Regulation and Licensing creates ch. RL 9 to establish a procedure for making the determination whether an applicant for credential renewal is liable for any delinquent taxes owed to this state and to describe the procedures available to a credential holder whose application for renewal is denied because the applicant is liable for delinquent state taxes.
The proposed rules define terms including “liable for any delinquent taxes owed to this state,” the term used in ss. 440.03 (12) and 440.08, Stats., as created by 1995 Wis. Act 27. The rules describe the method to be used for determining whether an applicant for renewal is liable for delinquent taxes. Under the procedures, the name and social security number or federal employer identification number of an applicant is compared with information at the Wisconsin Department of Revenue to identify individuals and organizations liable for delinquent taxes. If an applicant is identified as owing taxes, a notice is mailed to the applicant stating that the application shall be denied unless delinquent taxes are paid within 10 days. If delinquent taxes are not paid following a notice of intent to deny or if an applicant fails to complete an application form, the department shall deny the renewal application.
The rules provide for an applicant who has been denied renewal because of liability for delinquent taxes to request a hearing. Procedural rules include rules governing a notice of hearing, service of documents and the conduct of the hearing.
Publication Date:
November 14, 1995
Effective Date:
November 14, 1995
Expiration Date:
April 13, 1996
Hearing Date:
January 29, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Revenue
Rules adopted revising ch. Tax 18, relating to the 1996 assessment of agricultural property.
FINDING OF EMERGENCY
The Wisconsin Department of Revenue 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 facts constituting the emergency is:
1995 Wis. Act 27, published July 28, 1995, changes the way agricultural land is valued for property tax purposes. Under the law, the assessed value of each parcel of agricultural land in 1996 is the same as the assessed value of that parcel in 1995. Buildings and improvements to agricultural land continue to be assessed at their full market value.
Since 1995 Wis. Act 27 affects assessments as of January 1, 1996, an emergency rule is necessary for the efficient and timely assessment of agricultural land in 1996.
In particular, the rule addresses the following needs:
- repealing obsolete terms defined by rule
- defining the terms “land devoted primarily to agricultural use”, “other”, and “parcel of agricultural land”
- providing instructions for assessing “agricultural land” and “other” land classifications in 1996.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of the rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
December 6, 1995
Effective Date:
December 6, 1995
Expiration Date:
May 5, 1996
Hearing Date:
January 25, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Department of Transportation
1. A rule was adopted amending s. Trans 4.06 (4), relating to the Urban Mass transit Operating Assistance Program.
FINDING OF EMERGENCY
Under the current administrative rule, ch. Trans 4, recipients of state transit aid must contribute a minimum local share of 20% towards such aid. Under current practice, private transportation providers who contract with the recipient have been permitted to contribute the local share. Public policy considerations require amendment of the rule to make certain that only the recipient is permitted to contribute the local share of transit aid.
The Wisconsin Department of Transportation finds that an emergency exists regarding the public welfare. Without the emergency rule, there would be insufficient lead time for recipients to respond to the rule's impact on their budgets. Also, additional lead time may be required for recipients to re-bid contracts with private transportation providers, if necessary.
Publication Date:
September 28, 1995
Effective Date:
September 28, 1995
Expiration Date:
February 25, 1996
Hearing Date:
November 3, 1995
2. Rules were adopted revising ch. Trans 131, relating to the Motor Vehicle Inspection and Maintenance Program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is that Southeastern Wisconsin is currently unable to meet federal air quality standards. Southeastern Wisconsin is one of nine regions in the United States designated as areas with “severe” air pollution problems. This air quality problem results in all area residents breathing air that is not healthy.
Since motor vehicles are the largest contributor to the area's air quality problem, the Wisconsin Department of Transportation finds that an emergency exists regarding the public health. The enhanced I/M program resulting from the proposed rule is a necessary part of the state's plan to achieve the volatile organic compound (VOC) emission reductions required by the Clean Air Act. The program will account for over one-third of the VOC reductions required by Wisconsin's 15% VOC Reduction Plan. By implementing the changes proposed in the rule, the air quality in Southeastern Wisconsin area can be improved. If such improvement does not occur, other more costly controls on small business and industry would be required. By taking action at this time, the major and most cost effective measure is utilized to meet Wisconsin's clean air goal.
Publication Date:
December 4, 1995
Effective Date:
December 4, 1995
Expiration Date:
May 3, 1996
Hearing Date:
January 11, 1996
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.
Ch. DOD 15 - Relating to the community-based economic development program.
Ch. DOD 6 - Relating to the community development block grant portion of the Wisconsin development fund.
Funeral Directors Examining Board
(CR 95-63):
SS. FD 2.04, 2.10 and 2.13 - Relating to discrimination, sanitation and confidentiality.
Ch. HSS 230 - Relating to county relief programs funded by block grants.
SS. HSS 122.06 and 122.07 - Relating to prior review of projects to demonstrate the worth of new nursing home designs.
Industry, Labor & Human Relations
(CR 95-231):
Ch. ILHR 41 - Relating to boilers and pressure vessels.
