Register

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Wisconsin

Administrative

Register

No. 510

Publication Date: June 14, 1998

Effective Date: June 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

[e-mail]

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

[e-mail]

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T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 16.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:	Petroleum Environmental Cleanup Fund, Ch. ILHR 47 Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, Ch. 66 Rules relating to the commercial building and multi-family codes.
Commerce:	Barrier Free Design, Ch. Comm 69 Rule relating to vertical access to press box facilities.
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 105 to 128 Rules relating to the Brownfields Grant Program.
Corrections:	Rules relating to polygraph examinations for sex offenders. Rule relating to custody and detention of felony probationers and parolees.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to subsidized health insurance for persons with HIV.
Insurance:	Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998. Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table. Rules relating to a deductible alternative to HIRSP. Rules adopted revising ch. Ins 17, relating to the Wisconsin Insurance Program (WIP). [FIRST APPEARANCE]
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rules relating to the private forest landowner grant program. Rule was adopted amending s. NR 20.037 (2), relating to bag limits for walleye. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection-General, Chs. NR 100- Rules relating to the Safe Drinking Water Loan Program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Instruction:	Rules relating to full-time open enrollment. Rules relating to the youth options program.
Public Service Commission:	Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:	Rules relating to Faculty Development Grants.
Transportation:	Rules relating to the Transportation Infrastructure Loan Program.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Workforce Development:	Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 17 to 22.
Commerce:	Ch. Comm 69 - Relating to vertical access requirements in government-owned or -operated facilities.
Commerce:	Chs. Comm 82 & 84 and Comm 2 - Relating to the Wisconsin Uniform Plumbing Code, and the Fee Code.
Commerce:	Chs. Comm 90 and Comm 2 - Relating to the design and construction of public swimming pools, and fees.
Medical Examining Board:	Med Code - Relating to credentialing of physician assistants and the services that they perform under the direction of a medical doctor.
Natural Resources:	Ch. NR 25 - Relating to commercial fishing - outlying waters.
Physical Therapists Affiliated Credentialing Board:	PT Code - Relating to supervision of unlicensed persons by physical therapists.
Regulation & Licensing:	RL Code - Relating to education requirements for real estate brokers and salespeople.
Technical College System Board:	Chs. TCS 6 to 9 - Relating to: 1. General district policies (Ch. TCS 6) -- Procurement 2. District budget, audit and finance (Ch. TCS 7) --Accounting standards 3. Contract for services (Ch. TCS 8) -- Reporting standards 4. District reporting of student participation in compulsory school attendance, postsecondary options and technical preparation programs (Ch. TCS 9)
Transportation:	Ch. Trans 210 - Relating to describing the methodology the Department of Transportation will use to numerically evaluate candidate major highway projects prior to recommending them for consideration by the Transportation Projects Commission under s. 13.489, Stats.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 23 to 24.
Dentistry Examining Board:	Chs. DE 1, 2, 5, 6 and 11- Relating to dentists and dental hygienists.
Insurance:	S. Ins 4.10 - Relating to changes in the requirements for the Wisconsin Insurance Plan (WIP).
Insurance:	Ch. Ins 26 - Relating to the application process and requirements of prelicensing education for insurance agents.
Insurance:	Ch. Ins 28 - Relating to the requirements for continuing education for insurance intermediaries.
Optometry Examining Board:	Chs. Opt 3 and 4- Relating to credential applications and examination requirements for individuals applying for a license to practice optometry.
Pharmacy Examining Board:	Ch. Phar 15- Relating to the preparation of sterile pharmaceuticals by pharmacists.
Notices of Hearings or of Proposed Rules.	Pages 25 to 33.
Dentistry Examining Board:	Hearing to consider revision to chs. DE 1, 2, 5, 6 and 11, relating to dentists and dental hygienists.
Health & Family Services:	Community Services, Chs. HFS/HSS 30-- Hearings to consider revision to ch. HFS 90, relating to early intervention services for children with developmental needs.
Insurance:	Hearing to consider s. Ins 4.10, relating to the Wisconsin Insurance Plan (WIP). Hearing to consider revision of ch. Ins 26, relating to the application process and requirements of prelicensing education for insurance agents. Hearing to consider revision of ch. Ins 28, relating to the requirements for continuing education for insurance intermediaries.
Pharmacy Examining Board:	Hearing to consider ch. Phar 15, relating to the preparation of sterile pharmaceuticals by pharmacists.
Technical College System Board:	Hearing to consider ch. TCS 15, relating to faculty development grants.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 34.
Elections Board:	(CR 98-51) - S. ElBd 6.05
Health & Family Services:	(CR 98-35) - Chs. HFS 172, 175, 178 and 195 to 198
Insurance:	(CR 98-15) - S. Ins 3.70
Insurance:	(CR 98-48) - SS. Ins 17.01, 17.28 and 17.35
Workforce Development:	(CR 98-32) - SS. DWD 290.15 and 290.155 and ch. DWD 292
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 35.
Agriculture, Trade & Consumer Protection:	(CR 97-127) - Chs. ATCP 90 & 91
Corrections:	(CR 96-180) - SS. DOC 308.01, 308.03 and 308.04
Corrections:	(CR 98-2) - SS. DOC 328.04, 332.015, 332.02 and 332.15 to 332.18
Employe Trust Funds:	(CR 96-145) - S. ETF 10.12 (4)
Employe Trust Funds:	(CR 97-73) - S. ETF 10.08
Employe Trust Funds:	(CR 97-104) - S. ETF 10.65
Employe Trust Funds:	(CR 97-105) - S. ETF 10.79
State Fair Park Board:	(CR 98-3) - SS. SFP 2.07, 2.16 and 2.18 and ch. SFP 7
Notice of Correction to Instructions for May material.	Page 36.
Notice of Correction to Instructions for Inserting New Material for May 31, 1998:	Relating to the 8 1/2” material in volumes 7 to 9.

emergency6_98

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 (2)

Agriculture, Trade & Consumer Protection

1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.

Finding of Emergency

(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.

(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.

(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.