⋅ ⋅All of the information which must be included in the permit (see above).
⋅ ⋅A health certificate for each source from which the applicant proposes to import fish or fish eggs of the family salmonidae.
DATCP must grant or deny a permit application within 30 days after it receives a complete application and, in the case of non-native fish DNR approval.
Denying, Suspending or Revoking an Import Permit
DATCP may deny, suspend or revoke an import permit for cause, including any of the following:
⋅ ⋅Violating applicable statutes or rules.
⋅ ⋅Violating the terms of the import permit, or exceeding the import authorization granted by the permit.
⋅ ⋅Preventing a department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
⋅ ⋅Physically assaulting a department employe while the employe is performing his or her official duties.
⋅ ⋅Refusing or failing, without just cause, to produce records or respond to a department subpoena.
Import Records
A person importing fish or fish eggs must keep all of the following records related to each import shipment, and must make the records available to the department for inspection and copying upon request:
⋅ ⋅The date of the import shipment.
⋅ ⋅The name, address and telephone number of the source from which the import shipment originated.
⋅ ⋅The name, address, telephone number, and fish farm registration number if applicable of the person receiving the import shipment, if the person receiving the import shipment is not the importer.
⋅ ⋅The location at which the import shipment was received in this state.
⋅ ⋅The size, quantity and species of fish or fish eggs included in the import shipment.
Salmonidae Import Sources; Health Certificates
DATCP may not issue a permit authorizing any person to import fish or fish eggs of the family salmonidae (including trout, salmon, grayling, char, Dolly Vardon, whitefish, cisco or inconnu) unless a fish inspector or an accredited veterinarian certifies, not earlier than January 1 of the year preceding the year in which the applicant applies for the permit, that the fish and fish eggs from the import source were determined to be free of all of the following diseases:
⋅ ⋅Infectious hematopoietic necrosis.
⋅ ⋅Viral hemorrhagic septicemia.
⋅ ⋅Whirling disease, except that eggs from wild stocks need not be certified free of whirling disease.
⋅ ⋅Enteric redmouth.
⋅ ⋅Ceratomyxosis.
A fish inspector issuing a health certificate must be a fish biologist who is certified, by the American Fisheries Society or the state of origin as being competent to perform health inspections of fish.
The accredited veterinarian or fish inspector must issue a health certificate in the state of origin, based on a personal inspection of the fish farm from which the import shipment originates. In the inspection, an accredited veterinarian or a fish inspector must examine a random statistical sample of fish drawn from each lot on the fish farm. From each lot, the veterinarian or inspector must examine a number of fish which is adequate to discover, at the 95% confidence level, any disease that has infected 5% of the lot.
Publication Date:
March 16, 1998
Effective Date:
March 16, 1998
Expiration Date:
See section 9104 (3xr) 1997 Wis. Act 27
EMERGENCY RULES NOW IN EFFECT
Department of Commerce
(Building & Heating, etc., Chs. Comm/ILHR 50-64)
(Uniform Multifamily Dwellings, Ch. ILHR 66)
Rules adopted revising chs. Comm 51, ILHR 57 and 66, relating to commercial buildings and multifamily dwellings.
Finding of Emergency and Rule Analysis
The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under ss. 101.02 (15), 101.12, and 101.971 to 101.978, Stats., the Department protects public health, safety, and welfare by promulgating construction requirements for commercial and public buildings, including multifamily dwellings. Present requirements include methods for stopping fire in one area of a building from spreading to another area through service openings in walls, floors, and ceilings, such as penetrations for plumbing and electrical components. The methods that were specified have been shown to fail under fire testing conditions.
The proposed rule impacts all public buildings, which includes multifamily dwellings, and replaces the failed firestopping methods with techniques, materials, and methods that have been tested and nationally recognized. The rule essentially mandates use of tested and listed fire-stop systems for nearly all penetrations of every wall, floor, and ceiling that is required to provide area-separation protection consisting of either a fire-protective membrane or fire-resistive rated construction. The rule also clarifies some problematic, technical provisions that have resulted in confusion and unnecessary costs. Without the proposed rule revisions, firestopping methods that have been proven to be ineffective would still be allowed to be utilized, thereby putting public safety and health at risk.
Pursuant to s. 227.24, Stats., this rules is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes.
Publication Date:
January 28, 1998
Effective Date:
January 28, 1998
Expiration Date:
June 27, 1998
Hearing Date:
March 11, 1998
EMERGENCY RULES NOW IN EFFECT (2)
Department of Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105 to 128)
1. Rule adopted amending s. Comm 108.21 (1) (f), relating to the emergency grants under the Community Development Block Grant (CDBG) program.
Finding of Emergency
The Department of Commerce (Commerce) finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
A closer examination of the revised rules to take effect on November 1, 1997 will not allow Commerce to award emergency grants to local governments experiencing a natural disaster or catastrophic event using other state or federal grant funds as match. Those rules do not specify a source for the match funds, and up to the present time, many of the emergency grants did use state and/or federal grants as match. The most recent example of an emergency is the tornado that devastated the Village of Oakfield. In that case, the Federal Emergency Management Administration (FEMA) and state Division of Emergency Management (DEM) funds were used as match for a CDBG emergency grant.
The floods that occurred in June 1997 in the Milwaukee area may generate some emergency requests for repair and remediation activities. Under the rules that take effect November 1, 1997, Commerce would not be able to use the FEMA and DEM grants as match for these emergency projects.
The nature of the emergency program makes it impossible to anticipate future applications for obvious reasons. Commerce must have a program in place and ready to respond on short notice when an emergency occurs. The emergency rule will allow the use of other grant funds as match. It is very important that Commerce be ready to respond in a timely manner to the needs of the citizens of this state in times of emergency.
Publication Date:
October 30, 1997
Effective Date:
November 1, 1997
Expiration Date:
March 31, 1998
Hearing Date:
January 13, 1998
2. Rule adopted creating ch. Comm 110, relating to the Brownfields Grant Program.
Exemption From Finding of Emergency
On October 14, 1997, 1997 Wis. Act 27 took effect. That act created s. 560.13, Stats., which appropriated $5.0 million in funds for each of the state fiscal years of the biennium that can be distributed by the Department of Commerce in the form of grants for brownfields redevelopment or associated environmental remediation. The act requires the department to promulgate administrative criteria for issuing grants for brownfields redevelopment and associated environmental remediation, prescribing the amounts of grants that may be awarded, and including criteria for the awarding of grants on the basis of projects that promote economic development, positive effects on the environment, the total of and quality of the recipient's contribution to their project and innovative proposals for remediation and redevelopment. The act directs the department to promulgate an emergency rule to begin implementing the Brownfields Grant Program before permanent rules may be promulgated under ch. 227, Stats., and exempts the department from making a finding of emergency. This emergency rule was developed in consultation with the Department of Natural Resources and the Department of Administration.
Publication Date:
December 31, 1997
Effective Date:
December 31, 1997
Expiration Date:
May 30, 1998
Hearing Date:
February 12, 1998
EMERGENCY RULES NOW IN EFFECT (2)
Department of Corrections
1. Rules adopted revising ch. DOC 310, relating to inmates complaint review system.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
There is a Corrections Complaint Examiner with two investigator positions and a program assistant position at the Department of Justice. The number and placement of these Corrections Complaint Examiner positions have been in effect for years. At the present time there is a substantial backlog of approximately 3,000 inmate complaints which need to be reviewed by the Corrections Complaint Examiner. The Department of Justice's position is that it will no longer do the Corrections Complaint Examiner function.
The Department must change its administrative rule to reflect the placement of the Corrections Complaint Examiner function from the Department of Justice to the Department of Corrections. The Department must also change its administrative rule regarding inmate complaints to make the system more efficient as a substantial backlog now exists, and there will be no new positions at the Department of Corrections to do the work of the Corrections Complaint Examiner.
The Department's purpose in the inmate complaint review system is to afford inmates a process by which grievances may be expeditiously raised, investigated, and decided. An efficient inmate complaint review system is required for the morale of the inmates and the orderly functioning of the institutions. An emergency exists due to the current backlog and the proposed moving of the function which will require the Department of Corrections to do the work of the Corrections Complaint Examiners with no new positions.
Publication Date:
August 4, 1997
Effective Date:
August 4, 1997
Expiration Date:
January 2, 1998
Hearing Dates:
October 15, 16 & 17, 1997
Extension Through:
May 1, 1998
2. Rules adopted revising chs. DOC 328 and 332, relating to polygraph examinations for sex offenders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public safety. A statement of the facts constituting the emergency is: A recent session law, 1995 Wis. Act 440, created s. 301.132, Stats., which directs the department to establish a sex offender honesty testing program. Section 301.132, Stats., became effective June 1, 1997. Lie detector testing of probationers and parolees is recognized as an effective supervision tool for determining the nature and extent of deviant sexual behavior and developing appropriate intervention strategies. In addition, it is anticipated that testing will improve treatment outcomes by overcoming offender denial and by detecting behaviors that lead to re-offending.
The testing program cannot be implemented without rules. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to implement the program for the safety of the public while permanent rules are being developed.
This order:
1. Creates definitions for offender, probation and parole agent, and lie detector examination process.
2. Adopts the statutory definitions of lie detector, polygraph, and sex offender.
3. Establishes the authority, purpose and applicability of the lie detector examination process.
4. Requires an offender who is a sex offender to submit to a lie detector test if required by the department.
5. Establishes criteria for the selection of offenders who are required to participate in the lie detector examination process.
6. Requires that the department provide notice to the offender who is required to participate in the lie detector examination process of the lie detector program requirements, instructions to complete any necessary questionnaires and of the date, time and location of the scheduled test.
7. Provides that an agent and an examiner shall determine the questions the offender may be asked during the lie detector examination process.
