Scope
This proposed rule regulates certain practices by businesses engaged in providing continuing or ongoing delivery of telecommunications and cable television services. The rules do not apply to these activities regulated by the Public Service Commission of Wisconsin.
Negative Options
This proposed rule prohibits billing for services which the consumer has not affirmatively ordered. Silence or inaction by the buyer when offered the contract does not constitute an affirmative order. It does allow for expansion of existing services without affirmative orders as long as the expansion does result in the addition of a service which is optional. this should have no impact on small business.
Price Increases
The proposed rule also requires the seller to inform the buyer of price increases and allow the buyer the opportunity to cancel the amended contract.
Providers of continuing service periodically increase prices. Buyers who do not pay close attention to their bill or whose bill is combined with other bills, such as automatic deductions, are unaware of these increases. The requirement that the seller notify the buyer of the change should not significantly increase costs under this rule. Offering a method of rejecting the service at the new price should have no impact since the nature of continuing service contracts is to operate until canceled by one of the parties.
Promotional Offers
The proposed rule requires a seller who offers a good or service for free or at reduced price to clearly inform the buyer of that fact and notify the buyer of the date when the regular price will be billed.
Businesses that furnish promotional products generally provide the product free or at reduced price for one billing cycle. Notification on the regular invoice of the impending date of full charge for the product should not significantly increase costs.
Contracts
Under this proposed rule, sellers who contract orally or through telecommunication devices to provide goods or services must furnish the buyer with a written statement describing the terms and conditions of the order. This statement must be furnished no later than billing for the service or 15 days whichever is greater.
Businesses generally protect themselves by documenting customer orders in writing. Including that statement with the first invoice is already be common practice. For some businesses, the information on the invoice may be sufficient to satisfy this requirement. The department anticipates no increased cost to business under this section.
Billing Practices
Under this proposed rule, a seller may not bill for goods or services which are not itemized on the invoice. The seller may not bill for cancellation or late penalty fees unless those charges were previously disclosed to the buyer.
It is common business practice to produce itemized invoices. Additionally, businesses that following the contract requirements should have already disclosed late payment or cancellation fees on the original contract. These requirements should have no impact on small business.
Summary of Comments from Legislative Committees:
On March 14, 1996, this department transmitted the above rule for legislative committee review. On March 28, the rule was assigned to the Assembly committee on Environment and Utilities and the Joint Committee on Information Policy.
The Assembly Committee on Environment and Utilities did not take any action on the rule during its review period. However, the Joint Committee on Information Policy held a hearing and approved a minor modification to the rule. That committee also waived further jurisdiction over the rule under s. 227.19 (4) (c), Stats., based on the department's agreement to make the proposed modification.
The modification consists of a note inserted before the definition section of the rule. The note merely acknowledges that under federal law, the federal government may take action to preempt portion of state rules.
The note reads:
“Federal law recognizes that state administrative rules may under certain circumstance be preempted by federal law or administrative action. It is the position of the department that any provision of this rule which specifically conflicts with any federal law which now exists, or is later enacted or amended, would be superseded by the federal law.”
On May 6, 1996, the Assembly Committee on Environment and Utilities received the rule as modified for another 10 days review period. The department received no comments or request for hearing from that committee.
S. Chir 9.03 (6) - Approved chiropractic college preceptorship programs.
Summary of Final Regulatory Flexibility Analysis:
These proposed rule will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments reported.
Ch. HSS 62 - Assessment and treatment of intoxicated drivers.
Summary of Final Regulatory Flexibility Analysis:
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1), Stats. The rules apply to public agencies that provide assessments and driver safety plan services to motor vehicle drivers ordered by a court or the Wisconsin Department of Transportation to receive those services because of a suspected alcohol or controlled substance problem.
Summary of Comments:
No comments reported.
Ch. HSS 83 - Community-based residential facilities (CBRFs) for adults.
Summary of Final Regulatory Flexibility Analysis:
More than half of the 1120 community-based residential facilities (CBRFs) in the state are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
The rules are being updated, with requirements clarified and further developed and new requirements added, in the interests of better protecting residents and promoting their well-being.
There are about 15,000 residents of the 1120 CBRFs. All residents need supervision and help with daily living, although generally not care provided by nursing staff. Because of their vulnerability, they need to be protected from harm and there must be assurances that their care needs are met and their interests are safeguarded. The Department's rules establish expectations for the protection and care of CBRF residents, and enforcement of the rules is intended to help assure protection and good care. Standards and procedures must apply equally to all facilities, varying only on the basis of the care needs and capabilities of residents.
At the Department's public hearings on the proposed rules there were a number of comments that relate to CBRFs as small businesses even though no hearing participant asked for regulatory relief specifically on small business grounds. Concerns were raised about the costs of implementing the revised rules and, in particular, about the costs of training, meeting minimum staffing requirements, complying with detailed medication procedures and adding heat detectors to smoke detection systems in existing facilities. Hearing participants recommended that documentation and reporting requirements be reduced, that past education, training and experience be accepted in place of required training and that individual training plans not be required for CBRF staff members.
In response to concerns and suggestions of public hearing participants, the Department deleted some documentation and reporting requirements; exempted CBRF administrators with at least 2 years of experience from most training requirements; permitted substitution of pertinent education, training and experience of other staff for required training; limited the individual training plan requirement to lead or sole resident care staff; reduced the minimum staffing requirements at night and on weekends; and gave more time to existing facilities to add heat detectors to their smoke detection systems. Changes made in training requirements following the hearings will reduce training costs.
Summary of Comments of Legislative Committees:
The Senate committee on Health, Human Services and Aging held a legislative public hearing on the proposed rule on May 11, 1994 and requested the Department on May 13, 1994 to make unspecified modifications in the rules. The Assembly Committee on Children and Human Services held a legislative public hearing on the proposed rules on May 16, 1994 and the same day requested the Department to make unspecified modifications in the rules.
Following the public hearings, the chairpersons of the two standing committees established a workgroup to review comments received on the proposed rules at the hearings and to recommend to the Department changes in proposed ch. HSS 83. the Department submitted resulting modifications of the rules to the standing committees in December, 1994. These included taking out most specified minimum staff-to-resident ratios; reducing initial required training for resident care staff from 68 hours to 56 hours; permitting a CBRF to do its own staff training on the basis of a Department-approved plan; expanding the list of persons exempt from some or all of the required initial training; changing the resident nursing care limit without waiver from no more than 3 hours a day for 30 days to no more than 3 hours a day for 90 days, and adding the possibility of a waiver of this limit for certain residents; changing the requirement for quarterly review by a pharmacist of a resident's medications to at least every 12 months by either a physician or a pharmacist; requiring that services for a terminally ill resident be provided by a hospice or home health agency only if the resident needs more than 3 hours of care a week; for an involuntary discharge or transfer, adding a requirement for Department review if requested by the resident or that person's guardian; and adding requirements for criminal records checks of license applicants and prospective employes.
SS. HSS 201.30 (1) and 201.303 - Participation of Aid to Families with Dependent Children (AFDC) recipients in the AFDC Benefit Cap Demonstration Project.
Summary of Final Regulatory Flexibility Analysis:
These rules relate to county and tribal administration of a federal and state program. They will not directly affect small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
7.
Industry, Labor & Human Relations
(CR 96-5)
S. Ind 80.60 (4) - Self-Insurance application fees.
Summary of Final Regulatory Flexibility Analysis:
There are approximately 175 non-public self-insured. None are small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received.
8.
Industry, Labor & Human Relations
(CR 96-6)
S. Ind 80.62 - Uninsured employers fund.
Summary of Final Regulatory Flexibility Analysis:
The rule will affect employers who operate illegally without proper worker's compensation insurance coverage. The rule requires these employers to cooperate with the Department in its investigation of a claim by an employe by providing records and other documents. There are no specific reporting requirements.
Summary of Comments of Legislative Standing Committees:
No comments received.
9.
Industry, Labor & Human Relations
(CR 96-24)
S. Ind 80.15 - Payment after an order.
Summary of Final Regulatory Flexibility Analysis:
The rule has no impact on small business.
Summary of Comments of Legislative Standing Committees:
No comments received.
SS. Ins 3.455 and 3.46 - Requirements for long term care insurance sold in Wisconsin.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 120 - Nonpoint source pollution abatement program.
Summary of Final Regulatory Flexibility Analysis:
Participation in the nonpoint source pollution abatement program is voluntary except that participation is required in designated critical sites where voluntary participation has not reach the water quality goals after 36 months notification. The proposed rule revisions will primarily affect counties, municipalities, landowners and land operators.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. On November 29, 1995, the Assembly Natural Resources Committee held a public hearing. At that hearing, the Committee voted to consider modifications to the rule. After discussions with the Department, on April 17, 1996, the Committee voted not to request any modifications.
S. NR 19.30 - Requiring criminal history checks on all volunteer all-terrain vehicle, boating, bowhunter, hunter education and snowmobile safety instructors.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule doe snot regulate small business.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. No request for modification was received.
