Effective 08-01-96.
An order creating ch. ERB 5, relating to the computer grant.
Effective 08-01-96.
Employment Relations, Dept. of
(CR 96-51):
An order creating s. ER 29.03 (8) (bm), relating to the rate of pay as a result of voluntary demotions by employes who are notified they may be subject to layoff.
Effective 08-01-96.
An order repealing ch. HSS 3 and creating ch. HSS 83, relating to Community-Based Residential Facilities (CBRF's) for adults.
Part effective 08-01-96.
Part effective 01-01-97.
Part effective 01-01-98.
An order affecting ch. HSS 62, relating to assessment and treatment of intoxicated drivers.
Effective 08-01-96.
An order affecting ss. HSS 201.30 and 201.303, relating to participation of Aid to Families with Dependent Children (AFDC) recipients in the AFDC Benefit Cap Demonstration Project.
Effective 08-01-96.
Industry, Labor & Human Relations
(CR 96-5):
An order affecting ss. Ind 80.60 and 80.64, relating to self-insurance application fees.
Effective 08-01-96.
Industry, Labor & Human Relations
(CR 96-6):
An order creating s. Ind 80.62, relating to the uninsured employers fund.
Effective 08-01-96.
Industry, Labor & Human Relations
(CR 96-24):
An order creating s. Ind 80.15, relating to payment after order.
Effective 08-01-96.
Insurance, Office of the Commissioner of
(CR 95-204):
An order affecting ss. Ins 3.455 and 3.46, relating to the requirements for long-term care insurance sold in Wisconsin.
Effective 08-01-96.
An order repealing and recreating ss. NR 1.15 (2) (a), 10.104 and 10.28, relating to deer hunting permits.
Part effective 08-01-96.
An order affecting ch. NR 120, relating to the Nonpoint Source Pollution Abatement program.
Effective 08-01-96.
An order creating s. NR 19.30, relating to requiring criminal history checks on all vollunteer all-terrain vehicle (ATV), boating, bowhunter, hunter education and snowmobile safety instructors.
Effective 08-01-96.
An order creating s. NR 1.52, relating to a policy on promulgation of environmental quality standards.
Effective 08-01-96.
An order creating s. NR 19.02, relating to requiring a handling fee for certain approvals required for hunting, trapping or fishing.
Effective 08-01-96.
An order affecting ss. NR 28.03 and 28.04, relating to wild ginseng.
Effective 08-01-96.
An order creating ch. RL 7 and Appendix I, relating to the impaired professionals procedure.
Effective 08-01-96.
An order affecting ch. RL 1, relating to procedures to review denials of credentials.
Effective 08-01-96.
An order affecting ch. RL 4, relating to examination fees, refunds and fees for test reviews.
Effective 08-01-96.
An order creating s. SEC 2.01 (3) (e), relating to designating the Chicago stock exchange under s. 551.22 (7), Stats.
Effective 08-01-96.
An order amending s. Trans 201.16 (2) (e), relating to on-private property political signs next to interstates and freeways.
Effective 08-01-96.
An order repealing and recreating ch. Trans 104, relating to examination procedures for operator's license.
Effective 08-01-96.
An order amending s. Trans 6.04 (1) (e), relating to administration of the federal section 18 program.
Effective 08-01-96.
An order affecting ss. Tour 1.02, 1.03 and 1.05, relating to the joint effort marketing program.
Effective 08-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 95-146)
Ch. ATCP 116 - Relating to work recruitment schemes.
Summary of Final Regulatory Flexibility Analysis:
This rule strengthens and clarifies the department's current rules. Like the current rules, this rule regulates recruitment schemes that are aimed at getting money from job applicants, not just recruiting them as workers. This rule does not affect other businesses that recruit and hire workers.
This rule expands the coverage of the current rules. The current rules apply when a business requires a “purchase or investment” from prospective employees, agents or independent contractors whom the business recruits to sell “products.” This rule applies, more broadly, when a businesses requires or solicits a “purchase or investment” from either of the following:
○ Prospective employees, regardless of the work for which they are recruited.
○ Prospective sales workers, regardless of whether they are recruited as employees, agents or independent contractors. “Sales work” means any work that involves soliciting persons to purchase or lease goods, services or contract rights (not just “products”) which the recruiter is in the business of selling or leasing.
The current rules do not define what is meant by a “purchase or investment.” This rule clarifies that a “purchase or investment” means a direct or indirect payment to the recruiter and provides an inclusive list of such purchases and investments.
Like the current rules, this rule requires that the amount of a required purchase or investment must be disclosed. This rule clarifies what kind of disclosures comply with the rule.
Unlike the current rule, this rule provides that, if an earnings claim is made, that claim be accurately and clearly stated. Also, this rule specifically prohibits certain practices related to the solicitation of a purchase or investment from a recruit.
A small business is affected by this rule only if, as a condition to hire a job applicant, it effectively requires that job applicant to make a “purchase or investment” involving a payment to the small business. Since most small businesses do not require such payments from prospective workers, they will not be affected.
Even if a legitimate business requires job applicants to make a “purchase or investment” in order to get a job, it should not be difficult or costly for that business to comply with this rule. Compliance will not require specialized professional skills or significant recordkeeping. In order to comply, the business must do the following:
○ Disclose the nature and amount of the required “
purchase or investment” in its advertisements for that job.
○ Document the required “purchase or investment” in writing, and give a copy to the job applicant before the applicant agrees to make the “purchase or investment.” The documentation must include certain disclosures about the job, such as type of work, source of earnings, and form and amount of earnings.
○ If the business makes any earnings claim to prospective workers from whom the business solicits a “purchase or investment,” the business must disclose the source of the earnings (if other than the business), the form of earnings (e.g., wages, commissions or profits on sales), and the basis on which the earnings will be paid.
