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Wisconsin
Administrative
Register
No. 516
Publication Date: December 14, 1998
Effective Date: December 15, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
toc516
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 19.
Agriculture, Trade and Consumer Protection:
Rules relating to fish farms and imports of live fish and fish eggs.
Rules relating to retail food establishment license exemption for restaurant permit holders.
Rules relating to grade standards for Colby and Monterey Jack cheese.
Commerce:
Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:
Building and Heating, etc., Chs. Comm 50-64
Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Barrier Free Design, Ch. Comm 69
Rule relating to vertical access to press box facilities.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
Corrections:
Rules adopted amending s. DOC 328.21, relating to search and seizure of probationers and parolees. [FIRST APPEARANCE]
Financial Institutions:
Securities
Rule relating to federal covered securities and advisors.
Health & Family Services:
Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Health & Family Services:
Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
See Workforce Development.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to removal of lead-based paint.
Rules relating to designation of critical access hospitals.
See Health and Family Services, (Management & Technology, etc.).
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to wildlife damage abatement and claims program.
Rules relating to the 1998 migratory game bird season.
Natural Resources:
Environmental Protection- Remediation,
Chs. NR 700-
Rules relating to fees for remediation and redevelopment of contaminated lands.
Public Instruction:
Rules relating to the Milwaukee Parental School Choice Program.
Rules relating to grants for peer review and mentoring.
Rule adopted relating to alternative teaching permits.
Public Service Commission:
Rules relating to draft environmental impact statements.
Rules relating to sewer main extension cost recovery.
Regulation & Licensing:
Rules relating to regulation of home inspectors.
Rules adopted creating chs. RL 140 to142, relating to music, art and dance therapists. [FIRST APPEARANCE]
Revenue:
Rules relating to use of an alternative apportionment method.
Transportation:
Rules relating to intrastate transportation of hazardous materials.
Veterans Affairs:
Rules relating to expenditure limit for dentures.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
Scope Statements.
Pages 20 to 21.
Chiropractic Examining Board:
Chir Code - Relating to use of limited liability in chiropractic practice.
Corrections:
DOC Code- Relating to a rule allowing the Department of Corrections to search an offender's residence for an offender who is deemed to be in violation of probation or parole supervision.
Health & Family Services:
Ch. HFS 58 - Relating to eligibility for Kinship Care Program.
Insurance:
S. Ins 2.80 - Relating to valuation of life insurance policies.
Insurance:
Chs. Ins 13 & 50 - Relating to changing financial and other requirements for town mutual insurers.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 22 to 23.
Chiropractic Examining Board:
Chir Code- Relating to referral of patients to other health care practitioners.
Chiropractic Examining Board:
Chir Code - Relating to definitions, applications, examinations, temporary permits and renewal.
Health and Family Services:
Ch. HFS 12 - Relating to caregiver background cheeks.
Notices of Hearings or of Proposed Rules.
Pages 24 to 36.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 81, relating to grade standards for Colby and Monterey (Jack) cheese.
Chiropractic Examining Board:
Hearing to consider revision to chs. Chir 1 to 9, relating to definitions, applications, examinations and temporary permits and renewal.
Hearing to consider the amendment of s. Chir 4.03 and the creation of s. Chir 6.03, relating to referral of patients to other health care practitioners.
Pharmacy Examining Board:
Hearing to consider s. Phar 7.10, relating to pharmacists injecting a drug product in the course of teaching a patient self-administration techniques.
Public Instruction:
Hearing to consider revision to ch. PI 3, relating to alternative teacher permits.
Public Service Commission:
Hearing to consider ch. PSC 183, relating to requirements for joint local water authorities.
Regulation and Licensing:
Hearing to consider chs. RL 140 to 142, relating to the registration of music, art, and dance therapists.
Revenue:
Hearing to consider revision to ch. Tax 2, relating to an alternative apportionment method.
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 37.
Architects, etc., Examining Board:
(CR 98-30) - Chs. A-E 1- 10
Commerce:
(CR 98-106) - S. Comm 69.18 (2) (a) 2.c.
Commerce:
(CR 98-109) - Ch. ILHR 57, Subch. II
Insurance:
(CR 98-78) - Chs. Ins 6 & 28
Insurance:
(CR 98-79) - Chs. Ins 6 & 26
Insurance:
(CR 98-80) - S. Ins 4.10
Natural Resources:
(CR 98-45) - Ch. NR 113
Natural Resources:
(CR 98-84) - Chs. NR 12 & 19
Natural Resources:
(CR 98-86) - S. NR 20.037 (2)
Natural Resources:
(CR 98-95) - Ch. NR 25
Natural Resources:
(CR 98-96) - Ch. NR 46
Transportation:
(CR 98-31) - Ch. Trans 29
emer_515
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 (3)
Agriculture, Trade & Consumer Protection
1.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)
Statutes interpreted: s. 95.60
This emergency rule implements s. 95.60, Stats., by doing all of the following:
Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.
Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.
Requiring fish farm operators and fish importers to keep records.
Fish Farms
Registration
Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).
DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.
Registration Procedures; General
This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:
⋅   ⋅No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.
⋅   ⋅A registration certificate is effective on the day it is issued except that, if a fish farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.
⋅   ⋅Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.
Registration Categories
A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:
⋅   ⋅A type A registration is normally required for a fish farm at which the operator does any of the following:
  *Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.
  *Allows public fishing, for a fee, for fish hatched at that fish farm.
⋅   ⋅A type B registration is normally required if the fish farm operator does any of the following and does not hold a type A registration:
  *Allows public fishing at the fish farm for a fee.
  *Sells or trades fish, from the fish farm, to any person.
⋅⋅A type C registration authorizes the registrant to operate a fish farm. It does not authorize activities for which a type A or B registration is required, except that a type C registrant may do either of the following without a type A or B registration:
  *Sell minnows to any person
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