The State of Wisconsin, State Fair Park Board announces that it will hold a public hearing on proposed rules (proposed ss. SFP 2.07 (2) and (3), 2.16 (4) (b) and (5) (b), 2.18 and ch. SFP 7), relating to the required age to do certain things and a bond schedule.
Hearing Information
The hearing will be held at:
February 11, 1998 Room 172
Wednesday Wis. Dept. of Agriculture Bldg.
At 4:00 p.m. 2811 Agriculture Dr.
MADISON, WI 53718
Handicapped accessible
Written Comments and Copies of Rule
The public is invited to attend the hearing and make comments on the proposed rule. Following the public hearing, the hearing record will remain open until February 18, 1998, for additional written comments.
A copy of this rule may be obtained free of charge, from the State Fair Park Board at:
State Fair Park Board
P. O. Box 14990
West Allis, WI 53214-0990
Copies will also be available at the public hearing.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter by contacting Margaret Cain at (414) 266-7000. Handicap access is available at the hearing.
Analysis Prepared by the State Fair Park Board
Statutory authority: s. 42.01 (3) (a)
Statute interpreted: s. 42.01 (1), (2) and (3)
The current rule contains 6 instances in which specific actions are prohibited if a person is under 18 years of age.
1. It prohibits persons under 18 years of age from carrying, possessing, receiving possession or transferring possession of paint in a spray can.
2. It prohibits selling spray cans of paint to any person under 18 years of age; and requires display of a sign stating “It is unlawful to sell spray paint to persons under 18.”
3. It prohibits selling or transferring spray paint containing a harmful substance to any person under 18 years of age.
4. It prohibits selling or transferring toxic glue to any person under 18 years of age, except it does not prohibit transferring one tube or container of toxic glue to a person under 18 years of age when the glue is provided along with a model kit as long as the model kit needs approximately that amount of glue to assemble the kit.
5. It prohibits a lessee who has a contract permitting the sale of alcoholic beverages from employing a person under 18 years of age for serving, selling or vending alcoholic beverages.
6. It prohibits employing a person under 18 years of age unless the employer has on file a child labor permit authorizing the employment.
This proposed rule changes each reference from 18 years of age to 17 years of age except it does not change the age requirement for persons selling, serving or vending alcoholic beverages. The current requirement that persons serving, selling or vending alcoholic beverages be 18 years of age or older is not changed. These changes will bring the rule into conformity with current statutes and local ordinances.
The proposed rule also repeals and recreates the bond deposit schedule. The current rule establishing a bond deposit schedule does not address several violations which were identified in SFP rules promulgated in 1996. This proposed rule establishes bond deposits for additional types of violations and changes the amount of bond required for some violations and continues the policy of expelling anyone camping at the State Fair Park after revocation of a RV permit.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
This proposed rule addresses two portions of the rules of the State Fair Park Board. First, it addresses several subsections of ch. SFP 2 in which a minimum age for doing some specific thing is 18 years of age. Under the amendment, most of these references to age are changed from 18 years of age to 17 years of age. The Board does not believe this change will cause any fiscal impact. The existing staff have enforced the 18 year age requirement in the past, so the Board does not expect any additional fiscal impact with the new age level.
The second portion of the rules affected by this proposed order is the bond schedule. In September, 1996, new SFP rules numbered chs. SFP 1 through 6 were published in the Wisconsin Administrative Register. Chapter SFP 7 was also published, but it did not include changes which were needed under the newly-published chs. SFP 1-6. This proposed order changes the bond schedule to provide bond amounts for violations of provisions created in the 1996 rules. Since this order does not create new violations, there should be no additional fiscal impact. The persons who enforce chs. SFP 1-6 will simply have an accurate bond schedule to use.
There is no local government fiscal impact.
Initial Regulatory Flexibility Analysis
This rule proposal has minimal effect on small businesses in Wisconsin. To the extent that it does affect small businesses, it grants them additional rights without imposing any additional costs.
This rule changes several references in SFP rules from 18 years of age to 17 years of age. This means that if something was previously prohibited for persons under 18 years of age, it is now prohibited for persons under 17 years of age. There is one exception to this lowering of age. Current rules require persons serving, selling or vending alcoholic beverages to be 18 years of age or older. That provision was not changed. These changes do not have a negative impact on small businesses.
The other thing this rule does is establish a bond schedule for persons who violate provisions of chs. SFP 1-6. Since this will only apply to persons who violate the rules, it is not anticipated that this will have an effect on small businesses. While it is true that small businesses may be faced with paying a forfeiture, that is completely within their control because they are able to determine whether they will violate the rules and, therefore, whether they will be subject to the bond.
Notice of Hearing
Veterinary Examining Board
Notice is hereby given that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 453.03, Stats., and interpreting ss. 453.02, 453.06, 453.065, 453.068 and 453.07, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise chs. VE 1 to 10, relating to veterinarians and veterinary technicians.
Hearing Information
March 12, 1998 Room 179A
Thursday 1400 E. Washington Ave.
11:30 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, Wisconsin 53708
Written comments must be received by March 26, 1998 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 453.03
Statutes interpreted: ss. 453.02, 453.06, 453.065, 453.068 and 453.07
This proposed rule-making order of the Veterinary Examining Board contains many amendments which relate to the definitions, the statutory authority, and the form, style, placement, clarity, grammar, punctuation and plain language of the rules. Also, the requirement that an applicant furnish a picture as part of an application is repealed. Pictures no longer are a useful check of personal identification. Testing administration firms and Department proctors routinely require a picture ID, usually a driver's license, at the exam site. Requiring that an applicant send a picture to the Department creates unnecessary administrative processing for staff.
The following are changes of a more substantive nature: The term “animal technician” is replaced by the term “veterinary technician” as amended by 1995 Wis. Act 321. Provisions relating to the passing score on examinations are amended to establish procedures that testing experts agree are acceptable for establishing valid and reliable licensing examinations. A Note is created to address the Americans With Disabilities Act. Also, changes are made to several other notes.
Text of Rule
SECTION 1. VE 1.02 (1m) is created to read:
VE 1.02 (1m) “AVMA” means the American veterinary medical association.
SECTION 2. The Note following s. VE 1.02 (2) is amended to read:
Note: The board office is located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53702, telephone (608) 266-2811 53708.
SECTION 3. The Notes following ss. VE 1.02 (4), VE 1.02 (8) and (9) are repealed.
SECTION 4. VE 1.02 (11) is repealed and recreated to read:
VE 1.02 (11) “Veterinarian-patient-client relationship” has the meaning set forth at s. 453.02 (8), Stats.
SECTION 5. VE 1.02 (11m) is created to read:
VE 1.02 (11m) “Veterinary prescription drug” has the meaning set forth at s. 453.02 (11), Stats.
SECTION 6. VE 2.01 (1) and (2) are amended to read:
VE 2.01 (1) The board or its designee shall administer the examinations required of applicants for licensure as a veterinarian by s. VE 3.02 and of applicants for certification as an animal a veterinary technician by s. VE 8.02 at least once each year.
(2) To be qualified to sit for the national board examination and clinical competence test, an applicant must have either graduated from or be a last year student at a school of veterinary medicine approved by the board or a foreign school of veterinary medicine listed by the American veterinary medical association AVMA. To be qualified to sit for the state board examination
on state laws and rules, an applicant must meet the requirements of s. VE 3.03.
SECTION 7. A Note following s. VE 1.02 (5) is created to read:
Note: Qualified applicants with disabilities shall be provided with reasonable accommodations.
SECTION 8. VE 2.03 (1), (2) and (3) are amended to read:
VE 2.03 (1) Passing scores for veterinary applicants for the national board examination, and the clinical competency test, and the state board examination shall be no less than 70 for each examination based on the board's determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point that represents minimum acceptable competence in the profession.
(2) The passing score for animal veterinary technician applicants on the written national examination and the state board examination shall average no less than 70 shall be based on the board's determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point that represents minimum acceptable competence in the profession.
(3) The passing score for an examination on state laws and rules related to the practice of veterinary medicine or animal veterinary technology shall be no less than 90.
SECTION 9. VE 2.04 (1) and (3) are amended to read:
VE 2.04 (1) An applicant who fails the state board examination on state laws and rules may request a review of that examination by filing a written request with the board within 30 days of the date on which examination results were mailed.
(3) The time for review shall be limited to 4 hours one hour.
SECTION 10. VE 2.05 (1) (intro.), (a), (b), (c) and (3) are amended to read:
VE 2.05 (1) An applicant wishing to claim examination error shall file a written request for board review in the board office within 30 days of the date the examination was reviewed. The request shall include all of the following:
