Ch. HSS 136 - Embalming standards.
Summary of Final Regulatory Flexibility Analysis:
These rule changes apply to the 1185 active licensed funeral directors and 159 apprentice funeral directors in the state. Although most of the 605 funeral establishments in Wisconsin are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats., the changes will not have a significant economic impact on them. This is because the order only brings the rule language into conformity with the statutes, reorganizes and improves language use in one section of the rules and adds a provision calling attention to existing federal requirements for precautions to be taken when there may be exposure to blood-borne or other body fluid-borne pathogens.
Summary of Comments:
No comments were reported.
Ch. HSS 172 - Operation of public swimming pools.
Summary of Final Regulatory Flexibility Analysis:
Although many hotels, motels and apartment complexes that operate swimming pools are small businesses, as defined in s. 227.114 (1) (a), Stats., the rule changes will not have a significant economic impact on a substantial number of small businesses. That is because, apart from clarifying and updating the definition of public swimming pool, the rule changes are limited to changes in lifeguard staffing and equipment requirements. But since only pools with a surface area of 2000 or more square feet are required to have lifeguards, most swimming pools operated by small businesses will not have lifeguards and so are not subject to change in lifeguard staffing and equipment requirements.
Summary of Comments:
No comments were reported.
Chs. HSS 172, 175, 178 and 195 to 198, permit fee increases for public swimming pools, camps, campgrounds, hotels, motels and tourist rooming houses, restaurants, bed and breakfast establishments and food beverage vending operations and commissaries.
Summary of Final Regulatory Flexibility Analysis:
Most of the facilities affected by the permit fee increases are “small businesses,” as small business is defined in s. 227.114 (1) (a), Stats.
The rule provide for an increase of about 10% in permit fees and also an increase in preinspection fees. The fee increases are to cover increased costs of program administration.
There is some variation in the new fees, as there was in the old fees, depending on the size of the operation. The variation is related to the amount of time it takes Department staff to complete an inspection.
At the Department's public hearing on the proposed rule changes providing for fee increases, the representative of the Wisconsin Innkeepers Association said her organization, which includes many small businesses, was opposed to the fee increases and asked for more justification for the 20% total increase over the past 2 years. The Department sent a letter to that organization providing more information about why the most recent increase in fees had become necessary.
Summary of Comments:
No comments were received.
Ch. HSS 46 - Group day care centers for children.
Summary of Final Regulatory Flexibility Analysis:
About 600 of the 1,900 group day care centers in the state are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
These licensing rules for group day care centers are being renumbered to be a separate chapter of rules, as a convenience for center operators and parents. They are also being updated. In the process, unnecessary requirements are deleted, greater flexibility is given to operators and some new provisions are added to protect children in care and sometimes center staff. New provisions include requiring energy-absorbing surfaces beneath all outside play equipment and requiring criminal record checks on license applicants and current and prospective centers employes.
At the public hearings on the proposed rule, no one maintained that group day care centers organized as small businesses should be exempt from some requirements or given other special considerations because they are small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received. However, following a meeting on October 12, 1995 of Department staff with the chairperson and some members of the Assembly Committee on Children and Families and representatives of two interested associations, the Wisconsin Child Care Administrators Association and the Wisconsin Early Childhood Association, the Department made several modification in the rules. These included, in particular, changing back the educational and experience qualifications for new administrators, center directors and child care teachers to be those in the current rules.
SS. NR 25.03 & 25.06 - Lake Superior commercial fishing licenses and lake trout quotas.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules can be interpreted to eliminate 11 small businesses, those being state licensed commercial fishing operations on lake Superior, based on the cooperative agreements reached between those 11 licensees and the Department. The proposed rules do not establish further requirements or obligations on small businesses.
Summary of Comments Legislative Review Committees:
The rules were reviewed by the Senate Committee of Environmental Resources and Urban Affairs and the Assembly Committee on Natural Resources. On August 21, 1996, the Assembly Committee held a public hearing and then requested the Department to consider modifications. The concern expressed at the public hearing was whether or not the rules could be interpreted to infer a property right in commercial fishing licenses. The Department has inserted a note in the rule stating that the Department's continuing position is that the trial retirement program of the commercial fishing licensees willing to work with the Department is not and cannot be based upon or in recognition of an alleged property right.
Chs. Psy 2 & 3 - Transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. PI 11 - Handicapping conditions including significant developmental delay.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) Stats.
Summary of Comments:
No comments were reported.
Ch. PI 11 - Method of resolving disputes concerning children with EEN between school boards and the parents of those children.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules were reviewed by the department's Small Business Review Advisory Committee on September 26, 1995. The committee agrees with the department that the rules will have a significant impact on a substantial number of small businesses regarding continuing education requirements. The following are comments of the committee members.
Continuing education requirements will require more staff time in order to respond to inquiries from registrants and schools. Staff will also have to spend time preparing mailings for registrants. They will also have to process renewal applications. There will be increased costs for registrants who have to obtain continuing education credit. Those costs may, in turn, be passed along to consumers.
The new interior design statutes require the department to develop rules regarding continuing education requirements. Towards that end, the department has required registrants to complete a minimum number of education credits. Because the statute mandates that the department include these rules provisions, the resultant costs are unavoidable. Registrants will be not required to file certificates of completion with the department for their continuing education, but will instead be required to certify on their renewal application forms that they have satisfied the required credits. While additional staff time will have to be spent on administering the continuing education provisions and the renewals, these increases are an inevitable result of having to register a new class of individuals.
Summary of Comments:
No comments were reported.
12. Public Service Commission
(CR 96-17)
Ch. PSC 185 - Standards for water public utility service.
Summary of Final Regulatory Flexibility Analysis:
There will be no adverse fiscal impact of these rules on state or local units of government or on small business.
Summary of Comments:
No comments were reported.
Ch. RL 34 - Private security person or a private detective carrying a loaded firearm in a vehicle while on duty as a private security person.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. Trans 269 - Transportation of garbage refuse permits.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
Summary of Comments:
No comments were reported.
S. Trans 139.05 - Fee for title and registration processing contractors.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses beyond any effect imposed by the statutes.
Summary of Comments:
No comments were reported.
Ch. Trans 102 - Driver license issuance.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule making will have no effect on small businesses.
Summary of Comments:
No comments were reported.
Ch. Trans 325 - Motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials and motor carrier safety requirements for intrastate transportation of hazardous materials.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
