Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to promulgate administrative rules to permit children under the age of 24 months to be cared for on a floor other than the first floor or ground floor of a group day care center.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The Department's current policy is to protect the public health, safety and welfare of small children in day care facilities by limiting children under the age of 24 months to those floor levels providing immediate egress to grade from the facility. The policy is proposed to allow infants and toddlers on upper or lower floor levels of a day care facility when adequate safeguards are in place.
Since this is a mandate by law, there is no policy alternative.
Statutory authority for the rule:
Section 101.02 (15) (j), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
Administrative time: 10 hours
Code Consultant time: 80 hours
Program Manager time: 40 hours
Program Staff time: 24 hours
TOTAL TIME: 154 hours
Commerce
Subject:
Chs. Comm 16; ILHR 2, 3, 7, 8, 9, 10, 11, 12, 13, 17, 18, 20 to 25, 27, 32, 33, 34, 41, 42, 43, 45, 47, 48, 50 to 64, 66, 67, 68, 69, 70, 71, 81 to 87 and 90 - Relating to plan review and inspection general procedures within the Divisions of Safety & Buildings, and of Environmental & Regulatory Services.
Description of policy issues:
Description of the objective of the rule:
The objectives of this rule revision within the Divisions of Safety & Buildings and of Environmental & Regulatory Services are to:
a) Standardize plan review and inspection data and details needed to conduct these business functions;
b) Standardize efficient submittal processes for plan review applications and approvals;
c) Standardize processes to more effectively and efficiently manage inspection activities; and
d) Rely on current technology to facilitate communication, and manage and maintain an accurate database.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The Department's current policies for plan review applications and approvals vary widely throughout the technical program areas. Currently, separate application forms are required for a plan submittal; in some programs appointments are required, in others, none are required. Application forms currently require similar, but not identical, information about the customer and/or the plan proposed for review and approval. For plan approval, there are many and various letters generated to communicate the action taken by the Department; because of a lack of an integrated database and non-standard technology, these processes have been found to be inefficient and, in some cases, redundant.
The Department's current policies for managing mandatory and discretionary inspections vary widely throughout the technical program areas, for example:
1) Inspection reports require similar, but not identical information about the customer, a proposed project or an existing structure;
2) Mechanisms to trigger or schedule an inspection and time frames to conduct an inspection are not applied consistently throughout the various programs;
3) Certificates of operation are issued in a variety of formats; and
4) The enforcement procedures involve different vocabulary and steps across the programs.
In light of these variations, these inspection processes have been found to be inefficient.
The rule changes to reflect these general procedural changes will have an immediate effect on:
1) The timing of transferring data now residing on a WANG VAX computer system in a variety of databases and formats onto a PC-client server system utilizing one relational database;
2) Projected savings in staff time relating to keying and data maintenance efficiencies;
3) The proposed re-allocation of staff to conduct various other tasks and responsibilities with critical time frames; and
4) The goal of the Department to establish a “more consistent approach” when having contacts with and communicating with our customers.
An analysis of policy alternatives reveals that initiating no general administrative process changes at this time would be too costly in light of the fact that these business functions, as of 1995 Wis. Act 27, have been transferred to the new Department of Commerce and current information technology support is being contracted through a Memorandum of Understanding with the Department of Workforce Development (formerly DILHR).
Statutory authority for the rule:
The following sections of the Statutes provide the Department plan submittal application and review authority:
Statutes
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Wis. Adm. Rule
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S. 101.19
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Ch. ILHR 2
|
S. 101.02 (6) (e)
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Ch. ILHR 3
|
S. 101.15
|
Chs. ILHR 7, 8 and 9
|
SS. 101.09 and 101.14
|
Ch. ILHR 10
|
SS. 101.14 and 101.16
|
Chs. ILHR 11, 12 and 13
|
S. 101.12 (1)
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Ch. Comm 16
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S. 101.64
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Chs. ILHR 20 to 25
|
S. 101.12 (1)
|
Chs. ILHR 33 and 34
|
SS. 101.12 (15) and 101.17
|
Chs. ILHR 41-42 and 45
|
SS. 101.02 (15) and 101.17
|
Ch. ILHR 43
|
S. 168.07
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Ch. ILHR 48
|
SS. 101.12 (1) and 101.73 (2)
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Chs. ILHR 50-64
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SS. 101.12 (1) and 101.973
|
Ch. ILHR 66
|
S. 101.122
|
Chs. ILHR 67-68
|
S. 101.12 (1)
|
Ch. ILHR 69
|
SS. 101.12 (1) and 101.121
|
Ch. ILHR 70
|
S. 145.03 and 236.11
|
Chs. ILHR 81-87
|
S. 145.26
|
Ch. ILHR 90
|
The following sections of the Statutes provide the Department inspection authority:
Statutes
|
Wis. Adm. Rule
|
S. 101.19
|
Ch. ILHR 2
|
S. 101.15
|
Chs. ILHR 7, 8 and 9
|
SS. 101.09 and 101.14
|
Ch. ILHR 10
|
SS. 101.14 and 101.16
|
Chs. ILHR 11, 12 and 13
|
SS. 101.82 and 101.84
|
Ch. ILHR 17
|
S. 101.64
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Chs. ILHR 20 to 25
|
S. 101.92 and 101.93
|
Ch. ILHR 27
|
S. 101.055 (5)
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Ch. ILHR 32
|
S. 101.02 (15)
|
Chs. ILHR 33 and 34
|
S. 101.02 (15)
|
Chs. ILHR 41-42 and 45
|
S. 101.02 (15)
|
Ch. ILHR 43
|
S. 101.144
|
Ch. ILHR 47
|
S. 168.05
|
Ch. ILHR 48
|
S. 101.02 (15)
|
Chs. ILHR 50-64
|
S. 101.122
|
Chs. ILHR 67-68
|
S. 101.02 (15)
|
Ch. ILHR 69
|
S. 101.02 (15)
|
Ch. ILHR 70
|
S. 101.175
|
Ch. ILHR 71
|
SS. 145.03 and 236.11
|
Chs. ILHR 81-87
|
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
It is estimated that these rule revisions, relating to changes in general administrative processes needed to reflect re-engineering efforts and use of current technology will require the following amount of staff time:
Administrative time 50 hours
Code Consultant's time 125 hours
Program Managers' time 250 hours
Rules Coordination time 10 hours
Program Support time 120 hours
TOTAL TIME: 555 hours
It is also estimated that staff may convene meetings throughout the state with various customer groups in communicating these changes and providing updated submittal materials.
Health & Family Services
Subject:
Ch. HFS 173 - Relating to regulation of tattooists, tattoo establishments, body piercers and body-piercing establishments by the DHFS or by local public health departments designated as agents of DHFS.
Description of Policy Issues:
Description of objective(s):
Mandated by 1995 Wis. Act 468.
Relevant existing policies, proposed new policies and policy alternatives considered:
This is a new regulatory program. Act 468 directs the Department to promulgate as rules:
1) Standards and procedures for the annual licensure of tattooists or tattoo establishments;
2) Standards for the performance of tattoos by a licensed tattooist;
3) Standards and procedures for the annual licensure of body piercers and body-piercing establishments;
4) Standards for the performance of body-piercing by a licensed body piercer and for maintenance of body-piercing establishments; and
5) Fees to offset the costs of the licensure programs.
Statutory authority:
Sections 252.23 (4) and 252.24 (4), Stats., as created by 1995 Wis. Act 468.
Estimates of staff time and other resources needed to develop the rules:
Estimated hours of staff time - 80 hours. An advisory group consisting of tattooists, body piercers and public health sanitarians from local health departments will be selected to advise the Department on drafts of ch. HFS 173.
Insurance, Commissioner of
Subject:
S. Ins 18.07 (5) (b) -- Relating to decrease in Health Insurance Risk-Sharing Plan (HIRSP) rates.
Description of policy issues:
A statement of the objective of the proposed rule:
This proposed rule change is intended to lower non-subsidized rates for people purchasing insurance from the Health Insurance Risk-Sharing Plan (“HIRSP”).
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
This proposed rule change seeks to lower current rates for HIRSP insurance. The old rates will be replaced with new rates. No other policies are to be changed.
Statutory authority for the rule:
Sections 601.41 (3), 619.11, 619.14 (5) (a) and (e)
and 619.15 (5), Stats.
An estimate of the amount of time that state employes will spend to develop the rule:
Drafting and processing rule = 15 hours.
Natural Resources
Subject:
Chs. NR 132 and 182 and, if appropriate, ch. NR 140 -- Relating to proposed revisions of mining rules.
Description of policy issues:
Description of policy issues to be resolved, including groups likely to be impacted or interested in the issue:
The Department received a petition for rule adoption from several Wisconsin state legislators. The petition requested the Department re-evaluate the application of groundwater standards to mining facilities, specifically the distance from such facilities that compliance be measured. The petition further requested that the Department proceed to modify any administrative rule which this re-evaluation identifies as warranting revision.
