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Wisconsin
Administrative
Register
No. 504
Publication Date: December 31, 1997
Effective Date: January 1, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
CDNewsRelease_N97
- See PDF for diagram PDF
(608) 266-2011 ○ Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
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TABCON_D31
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 11.
Administration:
Rules adopted revising ch. WGC 13, relating to kennel owner licenses. [FIRST APPEARANCE]
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Rules relating to emergency grants under the CDBG program.
Corrections:
Rules relating to inmate secure work groups.
Rules relating to registration and community notification of sex offenders.
Rule adopted relating to the inmate complaint review system.
Rules adopted revising chs. DOC 328 and 332, relating to polygraph examinations for sex offenders. [FIRST APPEARANCE]
Dentistry:
Rule relating to examination requirements for licensed out-of-state dentists.
Department of Employment Relations:
Rules relating to sick leave.
Wisconsin Gaming Board:
See Administration.
Insurance:
Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998.
Rules adopted revising ss. Ins 2.14 and 2.16, relating to life insurance solicitations. [FIRST APPEARANCE]
Rules adopted amending s. Ins 18.07 (5) (b), relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) under s. Ins 18.07 (5) (b), and correcting errors in the published rate table. [FIRST APPEARANCE)
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Public Defender:
Rule relating to calculation of indigency.
Veterans Affairs:
Rules relating to the personal loan program.
Scope Statements.
Pages 12 to 16.
Administration (Gaming Board):
SS. WGC 13.05 (3) (a) and 13.15 (4) (c) - Relating to license fees for kennel owners at greyhound racetracks.
Commerce:
Ch. Comm 110 - Relating to the brownfields grant program.
Commerce:
Chs. Comm 122 and 128 - Relating to the physician loan assistance program and the health care provider loan assistance program.
Gaming Board:
See notice under Administration.
Medical Examining Board:
Med Code - Relating to clarification of administrative rules relating to physicians, podiatrists, physician assistants, occupational therapists, occupational therapy assistants and respiratory care practitioners.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing - outlying waters.
Optometry Examining Board:
Opt Code - Relating to credential application and examination requirements for individuals applying for a license to practice optometry.
Physical Therapists Affiliated Credentialing Board:
PT Code - Relating to temporary licenses to practice physical therapy under supervision.
Psychology Examining Board:
Psy Code - Relating to clarification of administration rules relating to psychologists and the private practice of school psychology.
Public Instruction:
Ch. PI 40 - Relating to administering the youth options program.
Public Service Commission:
S. PSC 112.05 (3) (a) - Relating to construction by electric public utilities and extensions of electric service.
Regulation & Licensing:
RL Code - Relating to electronic transmission of applications for credentials and credential renewals.
Regulation & Licensing:
RL Code - Relating to clarification of administrative rules relating to certification of optometrists to use diagnostic pharmaceutical agents.
Regulation & Licensing:
RL Code - Relating to clarification of administrative rules relating to review denials of applications, notices of intent to deny, pleading and hearings, administrative injunctions, summary suspensions and the impaired professionals procedure.
Social Workers, Marriage and Family Therapists & Professional Counselors Examining Board:

SFC Code - Relating to clarification of administrative rules relating to social workers, marriage and family therapists and professional counselors.
Transportation:
Ch. Trans 233 - Relating to land subdivision plats abutting state trunk highways and connecting streets.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 17 to 18.
Commerce:
S. Comm 108.21 (1) (f) - Relating to funding emergency grants under the community development block grant program.
Investment Board:
Chs. IB 1 and 2 - Relating to restrictions on Investment Board employes.
Natural Resources:
Ch. NR 10 - Relating to deer hunting in state parks and bonus antlerless deer permits to landowners.
Natural Resources:
Ch. NR 47, subch. VIII - Relating to the private forest landowner grant program.
Natural Resources:
Ch. NR 47, subch. IX - Relating to the forest fire protection grant program.
Tourism:
Ch. Tour 1 - Relating to the Joint Effort Marketing program.
Transportation:
Ch. Trans 512 - Relating to the Transportation Infrastructure loan program.
University of Wisconsin System:
S. UWS 18.06 - Relating to conduct on University lands.
Notices of Hearings or of Proposed Rules.
Pages 19 to 32.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision of ch. ATCP 134, relating to residential rental practices.
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Hearing to consider revision to ch. Comm 108, relating to emergency grants under the Community Development Block Grant program.
Investment Board:
Proposed revision to ch. IB 1, relating to Board employes and conflicts of interest.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to ch. NR 10, relating to expanding deer hunting in 5 state parks and bonus permits to landowners.
Hearing to consider emergency rule revision to s. NR 45.10, relating to reservations on state parks and forests.
Hearings to consider subch. VIII of ch. NR 47, relating to the private forest landowner grant program.
Hearings to consider subch. IX of ch. NR 47, relating to the forest fire protection grant program.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--
Hearing to consider emergency rule revision to Tables 1 and 3 of s. NR 485.04, relating to emission limitations for motor vehicles.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:

Hearing to consider ss. SFC 1.05, 14.01, 14.02 and 11.035, relating to examination requirements, academic programs, temporary certificate for counselors.
Tourism:
Hearing to consider revision to ch. Tour 1, relating to the joint effort marketing program.
Transportation:
Hearing to consider ch. Trans 512, relating to the Transportation Infrastructure loan program.
University of Wisconsin:
Hearing to consider revision to s. UWS 18.06, relating to conduct on University lands.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 33.
Administration:
(CR 97-82) - Ch. Adm 1
Agriculture, Trade & Consumer Protection:
(CR 97-113) - Ch. ATCP 30
Natural Resources:
(CR 96-169) - S. NR 27.07
Natural Resources:
(CR 97-120) - S. NR 102.10 (1m)
Natural Resources:
(CR 97-121) - S. NR 24.09 (1) (a) and (2) (as affected by
CR 96-189)
Natural Resources:
(CR 97-122) - S. NR 25.03 (2) (b)
Transportation:
(CR 97-116) - S. Trans 261.155
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 34.
Agriculture, Trade & Consumer Protection:
(CR 97-38) - Ch. ATCP 70.03, 71.02, 74.08, 75.015
and 80.04
Commerce:
(CR 97-96) - Chs. Comm 2, 5, and 18
Public Defender:
(CR 97-124) - S. PD 3.038 (2)
Transportation:
(CR 97-62) - Chs. Trans 129 and 503
Rules Published in this Wis. Adm. Register.
Page 35.
Commerce:
(CR 96-172) - Chs. ILHR 51, 54, 55, 56, 66, 69 and 70
and Comm 18
Commerce:
(CR 97-26) - Ch. Comm 113
Commerce:
(CR 97-80) - Ch. Comm 27
Commerce:
(CR 97-96) - Ch. Comm 2, 5 and 18
Natural Resources:
(CR 96-189) - SS. NR 24.09 and 24.10
Natural Resources:
(CR 97-16) - Ch. NR 18
Natural Resources:
(CR 97-21) - Chs. NR 500, 502, 506 and 538 and
ss. NR 503.10, 507.02 and 516.04
Natural Resources:
(CR 97-39) - SS. NR 37.04 and 37.05
Natural Resources:
(CR 97-40) - Ch. NR 45 and s. NR 51.91
Natural Resources:
(CR 97-41) - Chs. NR 400, 406 and 407
and s. NR 439.03
Natural Resources:
(CR 97-58) - S. NR 10.12 (11)
Natural Resources:
(CR 97-88) - SS. NR 10.001, 10.01 and 10.125
Psychology Examining Board:
(CR 97-85) - S. Psy 4.02 (4) (c) and (6)
Revenue:
(CR 97-94) - S. Tax 11.15
Transportation:
(CR 97-103) - Ch. Trans 300
Transportation:
(CR 97-108) - S. Trans 276.07 (8), (10), (13), (15)
and (16)
Workforce Development:
(CR 96-151) - Chs. ILHR 301 and DWD 301
Workforce Development:
(CR 97-23) - Subch. VII of ch. HSS 55
and s. DWD 56.08
Workforce Development:
(CR 97-112) - S. DWD 80.02
Final Regulatory Flexibility Analyses.
Pages 36 to 38.
1. Commerce:
(CR 96-172) - Chs. ILHR 51, 54, 55, 56, 66, 69 and 70
and Comm 18
2. Commerce:
(CR 97-26) - Ch. Comm 113
3. Commerce:
(CR 97-80) - Ch. Comm 27
4. Commerce:
(CR 97-96) - Chs. Comm 2, 5 and 18
5. Natural Resources:
(CR 96-189) - SS. NR 24.09 and 24.10
6. Natural Resources:
(CR 97-16) - Ch. NR 18
7. Natural Resources:
(CR 97-21) - Chs. NR 500, 502, 506 and 538 and
ss. NR 503.10, 507.02 and 516.04
8. Natural Resources:
(CR 97-39) - SS. NR 37.04 and 37.05
9. Natural Resources:
(CR 97-40) - Ch. NR 45 and s. NR 51.91
10. Natural Resources:
(CR 97-41) - Chs. NR 400, 406 and 407
and s. NR 439.03
11. Natural Resources:
(CR 97-58) - S. NR 10.12 (11)
12. Natural Resources:
(CR 97-88) - SS. NR 10.001, 10.01 and 10.125
13. Psychology Examining Board:
(CR 97-85) - S. Psy 4.02
14. Revenue:
(CR 97-94) - S. Tax 11.15
15. Transportation:
(CR 97-103) - Ch. Trans 300
16. Transportation:
(CR 97-108) - S. Trans 276.07
17. Workforce Development:
(CR 96-151) - Chs. ILHR 301 and DWD 301
18. Workforce Development:
(CR 97-23) - Subch. VII of ch. HSS 55
and s. DWD 56.08
19. Workforce Development:
(CR 97-112) - S. DWD 80.02
Executive Orders.
Page 39.
Executive Order #322:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for Assistant Chief Gregory Quinn of the Village of Westfield Volunteer Fire Department.
Executive Order #323:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for those Brave Americans Who Lost Their Lives as a Result of the Attack on Pearl Harbor.
Public Notice.
Page 40.
Financial Institutions (Div. of Savings Institutions):
Public notice relating to notice of interest rate on required residential mortgage loan escrow accounts.
emerg_D31
E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT
Department of Administration
(Gaming Board)
Rules adopted revising ch. WGC 13, relating to the license fees of kennel owners that own and operate kennels at Wisconsin greyhound racetracks.
Finding of Emergency
Statutory Authority: ss. 16.004(1), 562.02(1) and 562.05(2)
Statutes Interpreted: ss. 562.02(1)(am) and 562.05(2)
The Department of Administration's Division of Gaming finds that an emergency exists and the rule amendments are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
For CY 1998, the Wisconsin racetracks were unable to recruit kennels to operate at the state's three existing racetracks. The 1997 license fee of $750.00 per kennel is too cost prohibitive to the kennels and therefore they pursue booking agreements in other states. By decreasing the cost to $350.00 and allowing the license to be valid at all Wisconsin racetracks, the racetracks will be able to attract quality kennels.
As a result of the increased competition for the availability of greyhounds throughout the country, license fees and purse revenues are the only considerations that racetracks have to offer when attempting to recruit kennels. If the racetracks are unsuccessful in recruiting new kennels or maintaining existing kennels, then races or whole performances would have to be canceled due to the lack of greyhounds.
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