Register

Health and Family Services

Rule Submittal Date

Notice is hereby given that on August 1, 1996, the Department of Health and Family Services submitted ch. HSS 136, relating to embalming standards, to the Wisconsin Legislative Council Rules Clearinghouse.

Analysis

These are updating amendments to the Department's standards for embalming dead human bodies. The Department makes the standards, pursuant to s. 157.01, Stats.; the Funeral Directors Examining Board enforces them.

This order amends ch. HSS 136, to:

1) Drop references to “embalmer” as a licensed professional, since embalmers are no longer licensed;

2) Replace outdated statutory references;

3) Improve rule language relating to preparation of a dead body; and

4) Require compliance, when preparing bodies for disposition, with the OSHA standard for occupational exposure to bloodborne pathogens.

Agency Procedure for Promulgation

Public hearing under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by the DHFS Secretary; and legislative standing committee review under s. 227.19, Stats. Public hearing(s) will be scheduled at a later date.

Contact Person

If you have any questions, you may contact Ms. Peggy Peterson, Division of Health, at [phone].

Public Instruction, Dept. of

Rule Submittal Date

On July 10, 1996, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

Analysis

The proposed rule amends ch. PI 11, relating to the handicapping condition of significant developmental delay.

Agency Procedure for Promulgation

Public hearings will be scheduled. The Division for Learning Support: Equity and Advocacy, is primarily responsible for promulgation of this rule.

Contact Person

If you have questions regarding this rule, you may contact Mr. Paul Halverson, Director, Exceptional Education Team, at [phone].

Public Instruction, Dept. of

Rule Submittal Date

On July 25, 1996, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

Analysis

The proposed rule amends ch. PI 11, relating to the method of resolving disputes concerning children with exceptional educational needs (EEN) between school boards and the parents of those children.

Agency Procedure for Promulgation

Public hearings will be scheduled. The Division for Learning Support: Equity and Advocacy, is primarily responsible for promulgation of this rule.

Contact Person

If you have questions regarding this rule, you may contact Mr. Paul Halverson, Director, Exceptional Education Team, at [phone].

notices

N o t i c e S e c t i o n

Notice of Hearing

Employe Trust Funds

The Wisconsin Department of Employe Trust Funds will hold a public hearing on the revision of s. ETF 10.75, Wis. Adm. Code, relating to signatures on Wisconsin Retirement System (WRS) documents by an agent holding a person's power of attorney in accordance with the provisions of s. 227.16 (1), Stats.

Hearing Information

The public hearing will be held on:

September 5, 1996   Room 611A, GEF #2

Thursday   101 South Webster St.

At 12:00 p.m. (noon)   MADISON, WI 53702

Written Comments

The public record on this proposed rulemaking will be held open until 4:30 p.m. on Monday, September 9, 1996 to permit the submission of written comments from people unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to:

Mary Anglim

Dept. of Employe Trust Funds

201 E. Washington Ave.

P.O. Box 7931

Madison, WI 53707-7931

Analysis Prepared by the Wis. Dept. of Employe Trust Funds

Under s. ETF 10.75, Wis. Adm. Code, WRS participants are largely prevented from granting power of attorney to an agent to handle WRS-related decisions in cases of absence, emergencies, or future incompetence. Agents holding the principal's durable power of attorney as described in s. 243.07, Stats., may sign some WRS documents, but the most important categories, benefit applications and beneficiary designations, are excluded under the existing rule.

In May 1992, the Legislature enacted a so-called “Statutory Power of Attorney” provision, s. 243.10, Stats. This statute allows individuals to appoint an agent to act with complete authority on a wide variety of matters, including insurance and annuity transactions, beneficiary transactions, and retirement plan transactions.

To comply with the 1992 legislation, the Department now accepts the signature of an agent appointed under the Statutory Power of Attorney Act in all circumstances. The proposed rule change brings the current rule into conformance with s. 243.10, Stats. and facilitates submission of benefit applications, beneficiary designations, and other important documents to the Department of Employe Trust Funds. The new rule further states that the Department will accept the signature of an agent who holds a non-statutory power of attorney, provided the agent's powers include the transaction in question and the appointment is in effect. This policy provides greater flexibility to WRS participants who have appointed agents using instruments other than the statutory power of attorney.

General Summary of Rule

The proposed rule provides that:

○ In lieu of a principal's signature, signature by an agent holding a statutory or non-statutory power of attorney will be accepted for all purposes, provided the principal has not withheld power to act in the relevant area (e.g., insurance, beneficiary designations, retirement plan transactions).

○ Before approving or acting on a document signed by an agent, the Department must receive the original or a copy of the signed, dated, and notarized letter of appointment. The Department may require the agent to certify that the appointment is in effect.

○ The Department may refuse to act on a document signed by an agent claiming to hold a principal's power of attorney if it has reason to believe that the letters of appointment are no longer in effect, do not apply to the transaction, or are otherwise defective.

Statutes Interpreted

Sections 243.07 and 243.10

The proposed rule would apply to:

1) Signatures on beneficiary designations under s. 40.02 (8) (a) 1., Stats.;

2) Annuity applications under s. 40.23 (1) (a), Stats., s. 40.23 (4) (b), Stats., as affected by 1995 Wis. Act 302, and s. 40.63 (8) (h) 2., Stats.;

3) Separation benefit applications under s. 40.25 (2) and (2m), Stats.;

4) Required spousal signatures under s. 40.23 (7), Stats.;

5) Insurance applications under ss. 40.51 (2), 40.61 (2), and 40.70 (1) (b), Stats.; and

6) To all other transactions administered by the Department of Employe Trust Funds for which the written instruction or consent of the affected person is required.

The proposed rule affects the application of s. 40.08 (9) and (9m), Stats. In cases where the person granted the relevant authority to an agent under a durable power of attorney before becoming incompetent, the rule would permit the Department to act on the instructions of the agent.

Authority for Rule

Section 40.03 (2) (i), Stats.

Fiscal Estimate

The Department estimates that there will be no direct fiscal impact from this rulemaking upon the state and anticipates no effect upon the fiscal liabilities or revenues of any county, city, village, town, school district, technical college school district or sewerage district.

Initial Regulatory Flexibility Analysis

The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.

Copies of Rule & Contact Person

Copies of this rule are available without cost by making a request to:

Office of the Secretary

Telephone [phone]

Dept. of Employe Trust Funds

P.O. Box 7931