There are 2 principal reasons for the use of one and 2 member committees. Some correctional centers have few staff members. To provide a 3 person committee and an advocate and to prevent the complainant from being one of these people is difficult. Further, during the hearing the center continues to need supervision. The conflict between the desire to have due process hearings at the centers and limited resources is resolved by permitting smaller committees. See s. DOC 303.86, Evidence, for the circumstances under which the adjustment committee can consider such a statement without revealing the name of the witness.
Note: DOC 303.84:
Amend sentence 2 paragraph 3 to read:
...30, 60, 90, 120, 150, 180, 210, 240, 270, 300, 330 and...
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
Chapter DOC 303 is the administrative rule relating to inmate conduct, inmate discipline and procedures for the imposition of discipline. This rule has not been updated since it was created 17 years ago. This revision updates language in the original rule, amends the existing rule to add additional offenses for which inmates may be disciplined and creates a new penalty--disciplinary separation-as an alternative to program segregation.
The revised rule is intended to clarify procedures related to disciplinary actions and, with the creation of disciplinary separation, to allow more efficient management of segregation cells. In each case, the proposed rule may result in more effective allocation of DOC staff time. In 1996, inmates filed a total of 294 lawsuits arising from disciplinary actions. Each lawsuit filed requires the use of DOC staff time to collect information as part of a court record. It is anticipated that the proposed revised rule clarifying procedures related to disciplinary actions may result in fewer lawsuits filed or more lawsuits resolved earlier.
The creation of disciplinary separation will allow more efficient management of segregation cells and use of DOC staff time.
The revised rule also amends provisions relating to the cost to an inmate for a confirmatory urinalysis test, from payment of half the cost of the test to the full cost of the test. In fiscal year 1996, 195 confirmatory tests were taken at a cost of $25 each. Assuming no change in the number or cost of tests taken, this provision would result in a savings of approximately $2,500 annually.
This revised rule also creates provisions assessing monetary forfeitures by inmates ranging from $1 to $15 as part of certain disciplinary penalties. The amount of state revenue generated as a result of these provisions cannot currently be estimated.
Contact Person
Deborah Rychlowski (608) 266-8426
Office of Legal Counsel
149 E. Wilson Street
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing- or visually-impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than August 13, 1997, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Psychology Examining Board
Notice is hereby given that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b ), 227.11 (2) and 455.065, Stats., and interpreting s. 455.065, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Psy 4.02 (4) (c); and to amend s. Psy 4.02 (6), relating to continuing education.
Hearing Information
July 25, 1997 Room 179A
Friday 1400 East Washington Ave.
10:00 a.m. MADISON, WI
Written Comments
Interested people are invited to present information at the hearing. People appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to:
Office of Administrative Rules
Dept. of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by August 4, 1997 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227. 11 (2) and 455.065
Statute interpreted: s. 455.065
In this proposed rule-making order, the Psychology Examining Board amends s. Psy 4.02 to limit the number of continuing education hours that a psychologist may earn for self-developed continuing education programs and uncompensated evaluation assistance services. The Board determined to allow no more than 20 hours of continuing education credit per self-developed programs or for uncompensated evaluation assisted services.
Text of Rule
SECTION 1. Psy 4.02 (4) (c) is repealed.
SECTION 2. Psy 4.02 (6) is amended to read:
Psy 4.02 (6) LIMITATION ON CREDIT. The board may grant no more than 20 hours of continuing education credit per biennium for self-developed continuing education programs, no more than 20 hours of credit for uncompensated evaluation assistance services, and no more than 20 hours of credit for any combination of self-developed continuing education programs and uncompensated evaluation assistance services, and no more than 20 hours of credit within any specific continuing education program.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Department of Transportation
Notice is hereby given that pursuant to s. 110.06(2), Stats., interpreting s. 110.06(2), Stats., the Department of Transportation will hold a public hearing on Tuesday, August 26, 1997 at the Hill Farms State Transportation Building, Room 551, 4802 Sheboygan Avenue, Madison, WI, at 9:00 AM, to consider the emergency rule amendment of chapter Trans 300, Wis. Adm. Code, relating to the transportation of school children.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 110.06(2)
STATUTE INTERPRETED: s. 110.06(2)
General Summary of Emergency Rule. Chapter Trans 300 regulates the transportation of school children in Wisconsin. Currently, this chapter has specific requirements for the thickness of metal used in the school bus manufacturing process, specifically, construction of the floor and rub rails. The Department proposes to allow alternative school bus construction material. To keep the gross vehicle weight rating (GVWR) at or below 10,000 lbs., the revision would allow “other metal or material with strength at least equivalent to all-steel as certified by the bus body manufacturer.” Without the proposed changes for the 10,000 lb. GVWR or less school buses, schools will start using alternative vehicles (production vans) because of the unavailability of the smaller school buses built to the safer school bus standards.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized tribes or bands. The amendments to this rule will allow bus operators to purchase the smaller school buses needed for the full school year. There will be no cost increase to the Department to inspect these buses.
Initial Regulatory Flexibility Anlaysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of this emergency rule are available without cost upon request by writing to Frieda Andreas, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53712, or by calling (608) 266-6936. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. DOC 308 - Relating to the administrative confinement of inmates.
