✱ Create and modify definitions.
✱ Create a provision relating to reasonable accommodations as required under the Americans with Disabilities Act.
✱ Create a provision for renewing a license after five years of nonrenewal.
✱ Reporting change of name or address to the Department.
✱ Replace statutory citations to reflect the renumbering of the Controlled Substances Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 450.02, Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
15 hours.
Regulation and Licensing
Subject:
RL Code - Relating to administrative rules relating to auctioneers and auctioneer companies.
Description of policy issues:
Objective of the rule:
The Department of Regulation and Licensing is considering the repeal of ch. RL 123, relating to the contents to advertisements placed by auctioneers and auction companies. Several of the provisions may be modified and moved to ch. RL 126, relating to unprofessional conduct.
The Department is also considering amending ch. RL 125, relating to auctioneer trust accounts. The amendments would require auctioneers and auction companies to notify the Department when they change the name or number of an account, change the financial institution where the account is held or close an account. The amendments would also contain more specific requirements relating to check registers, ledgers, journals, reconciling an account, commingling personal funds and trust funds and would address other similar trust account provisions.
Policy analysis:
The current rules require that auctioneers and auction companies include several items of information in every advertisement placed for a specific auction. Such items of information are in addition to the statutory requirement that advertisements contain the name of the auctioneer who will conduct the auction and the name of the auction company that is managing the auction, plus a statement that the auctioneer is a “registered Wisconsin auctioneer.” The current rules also require that advertisements must contain the registration number, the address and the telephone number of the auctioneer or the auction company, or both. Advertisements must also contain a statement of the terms and conditions under which the auctioneer or auction company will accept payment by buyers at the auction and the percentage or other amount of any buyer's premium or surcharge which is a condition to sale.
The current statutes and rules require auctioneers and auction companies to notify the Department when they open a trust account. Current rules also contain provisions concerning commingling funds in a trust account and the rules contain general provisions concerning the maintenance of a bookkeeping system. Current rules state that an auctioneer or auction company disburses the auction proceeds within 24 hours after the auction. This 24-hour provision would not be changed by this rule-making.
This rule-making proposes to include the policy changes described above. The policy alternatives are to keep the advertising requirements which are now in the rules, to completely repeal them, or to amend them and to move them to the chapter relating to professional conduct. The policy alternatives relating to the trust account rules are to keep them rather broad and general or to be more specific in several areas, so that auctioneers and auction companies will keep better records and the Department's auditors may more easily and accurately audit trust accounts.
Statutory authority:
Sections 227.11 (2) and 480.06, 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:
6 hours.
Transportation
Subject:
Ch. Trans 152 - Relating to fees paid by Wisconsin-based interstate trucking companies for IFTA decals and licenses.
Description of policy issues:
Description of the objective of the rule:
This proposal will amend ch. Trans 152 to increase the fees paid by Wisconsin-based interstate trucking companies for International Fuel Tax Agreement (IFTA) decals and licenses.
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 International Fuel Tax Agreement (IFTA) is a compact of states and Canadian provinces that simplifies the reporting and distribution of fuel use taxes paid by interstate motor carriers. Currently Wisconsin-based interstate trucking companies pay $3 annually for an IFTA license and $2 per vehicle annually for IFTA decals. Revenue from IFTA license and decal fees no longer covers the Department's costs to administer the IFTA program. The Department proposes a rule change to increase the annual IFTA decal and license fees in an equitable manner to support the adminstrative cost of the IFTA program.
Statutory authority for the rule:
S. 341.45 (5g), 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:
It is estimated that state employes will spend 160 hours on the rule-making process, including research, drafting and conducting public hearing(s).
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
Rule Submittal Date
On January 29, 1997, the Wisconsin Department of Agriculture, Trade and Consumer Protection submitted a proposed administrative rule to the Wisconsin Legislative Council Administrative Rules Clearinghouse.
Analysis
The proposed rule amends ch. ATCP 124, Wis. Adm. Code, relating to price comparison advertising.
Agency Procedure for Promulgation
The Department will hold public hearings on this rule on dates and locations to be announced. The Division of Trade and Consumer Protection is primarily responsible for promulgation of this rule.
Contact Person
If you have questions regarding this rule, you may contact:
M. Fran Tryon
Division of Trade & Consumer Protection
Telephone (608) 224-4921
or
Attorney David Ghilardi
Telephone (608) 224-5030
Corrections
Rule Submittal Date
Notice is hereby given that, pursuant to s. 227.14 (4m), Stats., on January 30, 1997, the Wisconsin Department of Corrections submitted a proposed administrative rule to the Wisconsin Legislative Council Staff.
Analysis
The proposed rule affects ch. DOC 303, Wis. Adm. Code, relating to inmate conduct, inmate discipline, and procedures for the imposition of discipline.
Agency Procedure for Promulgation
Public hearing is required under s. 227.16 (1), Stats., and will be scheduled at a later date. The Division of Adult Institutions is the organizational unit primarily responsible for promulgation of this rule.
Contact Person
If you have questions regarding this rule, you may contact:
Deborah Rychlowski
Telephone (608) 266-8426
Health & Family Services
Rule Submittal Date
On January 21, 1997, the Department of Health and Family Services submitted a proposed administrative rule to the Wisconsin Legislative Council Administrative Rules Clearinghouse.
Analysis
Statutory authority: s. 46.976 (4), Stats.
The proposed rule affects ch. HSS 70, relating to loans to help establish group homes for recovering substance abusers.
This is an updating of the Department's rules for a program of loans from a revolving fund to help nonprofit organizations with the costs of establishing group homes for people recovering from alcohol abuse or drug abuse.
The major change in the rules is to increase the minimum size of a supported group home from 4 to 6 residents. This change is being made because 1995 Wis. Act 27 made that change in the program statute after the federal government made the change in the program.
The $100,000 revolving fund from which loans of up to $4000 are available consists entirely of federal monies.
The order also makes the Department's name and the organization responsible for conducting hearings on program decisions of Department staff consistent with how state executive agencies were reorganized effective July 1, 1996.
