Local government costs:
The total estimated annualized costs to local government is estimated to be $660,000. This estimate is based on the following assumptions:
1. All costs to county and local government will be covered by annual permit fees and by plan review fees, as authorized by legislation. County and local fees must be established by ordinance.
2. Counties and local government will regulate about 2,000 nonmetallic mining operations by permit. It is assumed that continuing annual costs for county and local program administration of nonmetallic mining reclamation permit programs, including operator assistance, fee collection, site inspections and compliance activities and recordkeeping, will be 12 hours per permit per year. If the average county or local government employe cost is equal to $50,000 per year per employe for salary, fringe and travel, then the statewide annualized county and local government costs can be estimated as follows:
12 hrs./permit x 2,000 mines = 24,000 hrs./yr. statewide
24,000 hrs./1820 hrs. (available per employe per year) =
13.2 FTE standards
$50,000 per FTE x 13.2 FTE = per year statewide =
$660,000
These costs would be offset by equivalent county and local revenue from fees on active nonmetallic mining operations.
In addition to the continuing costs documented above, there will be one-time costs for county and local governments to review reclamation plans for existing mines. All existing mines are required to submit and have approved an approved reclamation plan. This must occur during the first 3 years of the program. It is assumed that 75% of existing mines will have no existing reclamation plan or one which requires major revision to meet the standards in ch. NR 135. For these 1500 mines, it is estimated that the costs will average 30 hours of staff time per plan. For the remaining 25% of the mines, it is assumed that there is an existing plan which may require minor modification and updating, but for which there is a significantly smaller workload. For these 500 mines, it is estimated that the costs will average 8 hours of staff time per plan; therefore, the total one-time costs can be estimated as follows:
(30 hrs./mine x 1500 mines) +
(8 hrs./mine x 500 mines) =
45,000 hrs. + 4,000 hrs. = 49,000 hrs.
(49,000 hrs.) / 1820 hrs. /FTE = 26.9 FTE
(26.9 FTE) x (50,000/FTE) = $1,346,000
or 1,346,000/3 = $449,000 for a one-time cost
(for the initial 3-year period)
These one-time plan review costs will be offset by revenue from plan review fees or temporary surcharges permit surcharges.
Notice of Hearing
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board
Notice is hereby given that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b), 227.11 (2), 457.03 (3) and 457.22, Stats., and interpreting ss. 457.03 (3) and 457.22, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to create ch. SFC 8, relating to biennial continuing education requirements for social worker certification renewal.
Hearing Information
The public hearing will be held:
May 19, 1998 Rm. 179A
Tuesday 1400 East Washington Ave.
9:30 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 and Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by June 5, 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), 457.03 (3) and 457.22
Statutes interpreted: ss. 457.03 (3) and 457.22
Sections 457.03 (3) and 457.22, Stats., authorize the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors, upon the advice of the Social Worker Section, to promulgate rules establishing requirements and procedures for social work certificate holders to complete continuing education programs or courses of study in order to qualify for renewal. Under s. 457.22, Stats., the rules may not require an individual to complete more than 30 hours of continuing education programs or courses of study in order to qualify for certification renewal. Under s. 457.22, Stats, the Social Worker Section may determine to waive all or part of the requirements established in the rules promulgated if it determines that prolonged illness, disability or other exceptional circumstances have prevented a certificate holder from completing the requirements.
In this proposed rule-making order, the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors creates ch. SFC 8, relating to biennial continuing education requirements for social worker certification renewal.
Under this proposed rule, every social worker, advanced practice social worker, independent social worker and independent clinical social worker certificate holder is required to complete continuing education in order to qualify for certification renewal on July 1 of every odd-numbered year. Social worker certificate holders are required to complete in each biennial certification period at least 30 hours of approved continuing education with at least 2 hours in social work ethics. The Social Worker Section may also require that another 2 hours out of the minimum 30 hours required of continuing education be acquired within other specified topic areas. The proposed rule establishes qualifying subject matter and criteria for approval of continuing education programs that may count toward the continuing education renewal requirement. If the continuing education requirements are not met, certificate holders must cease and desist practice under their social worker certificate unless the Social Worker Section grants a postponement or waiver for prolonged illness or disability, or on other grounds constituting extreme hardship. The Social Worker Section may grant an exemption to persons who certify that he or she has permanently retired from active social work practice, and the rule requires such individuals who return to active social work practice to fulfill the 30 hour continuing education requirement for each biennium the certificate holder was granted such exemption. Certificate holders must retain documentary evidence of continuing education hours completed for a minimum period of 4 years. The rule provides an exemption to the continuing education renewal requirement for certificate holders who received initial social worker certification within the certification biennium immediately preceding their first certification renewal date. Persons who have held a similar certificate as social workers in another state and who are applying for social worker certification in Wisconsin are required to have completed 30 hours of continuing education within the 2 years immediately prior to application.
The rule also establishes requirements, criteria and procedures by which sponsors of continuing education programs may apply for and obtain section approval for continuing education credit under this chapter. Sponsors seeking continuing education program approval are required to apply for approval at least 75 days prior to the program date. Sponsors are required to submit detailed information on the program subject matter, the program sponsor, the qualifications of the program instructors and/or presenters, and are required to agree to monitor attendance, furnish each participant with a certificate of attendance and retain attendance records for a minimum period of 4 years. The rule provides that continuing education programs and courses sponsored or co-sponsored by a presenter approved by the national association of social workers, a state chapter of the national association of social workers, or the university of Wisconsin extension are acceptable to the section and need not be submitted for approval. The rule establishes requirements and procedures by which a certificate holder may apply for continuing education approval if the program sponsor has not applied for approval. The rule also establishes requirements and procedures for continuing education approval for “self-developed programs,” such as social work courses and seminars taught by a certificate holder for the first time, published books or articles authored by the certificate holder, or formal papers presented at professional meetings. The rule provides that not more than 10 hours of continuing education credit may be approved for self-developed programs in each biennium, and also specifies maximum continuing education hours that may be approved for books and articles.
The Social Worker Section intends that the rules will go into effect on July 1, 1999, the next certification renewal date.
Text of Rule
SECTION 1. Chapter SFC 8 is created to read:
Chapter SFC 8
CONTINUING EDUCATION
SFC 8.01 Continuing education required for certification renewal. On or before July 1 of every odd-numbered year following issuance of certification, every social worker, advanced practice social worker, independent social worker, and independent clinical social worker certificate holder shall, upon his or her application for certificate renewal submitted under s. SFC 1.08 (1), attest to having met the continuing education requirements specified under this chapter.
SFC 8.02 Biennial continuing education requirements. (1) REQUIREMENTS FOR CONTINUING EDUCATION. (a) Unless granted a postponement or waiver under par. (g), every social worker, advanced practice social worker, independent social worker, and independent clinical social worker certificate holder shall complete at least 30 hours of section-approved continuing education, at least 2 hours of which shall be in the subject area of social work ethics, in each biennial certification period as specified in s. 457.20 (2), Stats. The section may require that up to 2 continuing education hours in each biennial registration period be acquired within other specified topic areas.
(b) Continuing education hours shall apply only to the certification period in which the hours are acquired. If a certificate has been allowed to lapse, the section may grant permission to apply continuing education hours acquired after lapse of the certificate to a previous biennial period of certification during which required continuing education was not acquired. In no case may continuing education hours be applied to more than one biennial period.
(c) To meet the continuing education requirement, a certificate holder shall attest to the section completion of 30 hours of approved continuing education. Every certificate holder shall retain for a minimum period of 4 years, and make available to the section or its designee, the original documentary evidence of attendance, or completion of self-developed programs, for each continuing education program for which he or she claims credit under this chapter.
(d) Unless granted a postponement or waiver under par. (g), a certificate holder who fails to meet the continuing education requirements by the renewal deadline shall cease and desist from practice under the certificate.
(e) During the time between initial certification and commencement of a full 2-year certification period, a new certificate holder shall not be required to meet continuing education requirements for the first renewal of his or her certification.
(f) Applicants from other states applying under s. 457.15 (1), Stats., shall submit proof of completion of at least 30 hours of continuing education substantially meeting the requirements of this chapter within the 2 year period prior to application.
(g) A certificate holder may apply to the section for a postponement or waiver of the requirements of this chapter on grounds of prolonged illness or disability, or on other grounds constituting extreme hardship. The section shall consider each application individually on its merits, and the section may grant a postponement, partial waiver or total waiver as deemed appropriate in the circumstances.
(h) The section may grant an exemption from the requirements of this chapter to a certificate holder who certifies to the section that he or she has permanently retired from the active practice of social work under his or her certificate.
(i) A certificate holder who has been granted an exemption from the requirements of this chapter based on retirement from the active practice of social work under his or her certificate may not return to the active practice of social work without submitting evidence satisfactory to the section of having completed at least 30 credits of approved continuing education for each biennium during which the certificate holder was granted an exemption.
(2) APPROVAL OF CONTINUING EDUCATION PROGRAMS SUBMITTED BY SPONSORS. (a) To apply for approval of a continuing education program, a sponsor shall submit to the section at least 75 days prior to the program date the title, a general description, a detailed outline or syllabus of the program indicating the hourly schedule for the program, the learning objectives of the program, the target participants and intended audience, a copy of the program evaluation form or a description of the evaluation plan, the dates, the location, and the name and qualifications of the instructor of the program.
(b) An application for a continuing education program approval shall be approved if all of the following criteria are met:
1. The subject matter is in one or more of the following:
a. Social work practice, knowledge and skills.
b. A field or subject area allied with and relevant to the practice of social work as determined by the section.
c. Theories and concepts of human behavior and the social environment.
d. Social work research, social policy and program evaluation, or social work practice evaluation.
e. Social policy and program administration or management.
f. Social work ethics.
g. A subject of current importance as designated by the section.
2. The program has a competent, responsible sponsor as approved by the section.
3. The instructors or presenters of the program are properly qualified by education, training and experience to teach or present the subject matter of the program, as determined by the section.
4. The sponsor agrees to monitor attendance, furnish to each participant a certificate of attendance, and retain and make available for inspection by the section or its designee attendance records for a minimum period of 4 years.
(c) A separate application shall be submitted for each continuing education program approval request.
(d) Continuing education programs may include subject matter other than those specified in sub. (2) (b) 1.; however, only the parts of the program that qualify under sub. (2) (b) 1., shall be eligible for approval.
(e) Decisions regarding approval shall be made within 60 days after the regularly scheduled section meeting following receipt of the request for program approval.
(f) Continuing education programs and courses sponsored or co-sponsored by a presenter approved by the national association of social workers, a state chapter of the national association of social workers, or the university of Wisconsin extension are acceptable to the section and need not be submitted to the section for approval.
(3) APPROVAL OF CONTINUING EDUCATION PROGRAMS SUBMITTED BY CERTIFICATE HOLDERS. To obtain approval of a continuing education program for which the sponsor has not sought approval, a certificate holder shall submit to the section information including the title, general description, a detailed outline or syllabus of the program, the learning objectives of the program, the target participants and intended audience, a copy of the program evaluation form or a description of the evaluation plan, the dates, the location, and the name and qualifications of the instructor of the program.
(4) APPROVAL OF SELF-DEVELOPED PROGRAMS FOR CONTINUING EDUCATION CREDIT. (a) The section shall consider granting continuing education approval for self-developed programs relating to one or more of the subject areas specified in sub. (2) (b) 1., submitted by a certificate holder, including social work courses and seminars taught for the first time by a certificate holder, published books or articles published in professional journals authored by a certificate holder, or formal papers presented by a certificate holder at meetings of a professional association.
(b) An application for a self-developed continuing education program shall include the following information as applicable:
1. A detailed description of the self-developed program, including the subject matter, detailed outline, dates and hourly schedule, participants, bibliography of readings and other resources studied or consulted, and the sponsoring organization or professional group.
2. An explanation of the manner in which the self-developed program is relevant to the certificate holder's professional practice of social work.
3. For courses and seminars taught, the title, a general description, a detailed outline or syllabus, the learning objectives, the intended audience or participants, a copy of the evaluation form or a description of the evaluation plan, and the initial presentation date and location of the course or seminar.
