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Wisconsin
Administrative
Register
No. 516
Publication Date: December 31, 1998
Effective Date: January 1, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
CDNewsRelease_N30
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(608) 266-2011 ○ Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
bruce.munson@legis.state.wi.us
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
gary.poulson@legis.state.wi.us
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TabCon_D31
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 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:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
Corrections:
Rules relating to search and seizure of probationers and parolees.
Rules adopted revising ch. DOC 349, relating to absconders. [FIRST APPEARANCE]
Financial Institutions:
Banking
Rule adopted revising ch. RL 41, relating to mortgage banking. [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 relating to music, art and dance therapists.
See Financial Institutions--Banking.
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 22.
Employe Trust Funds:
ETF Code - Relating to creation of provisions currently in contract and insurance plan relating to the Income Continuation Insurance programs established under ss. 40.61 and 40.62, Stats.
Emergency Response Board:
S. ERB 1.04 (8) - Relating to inventory reporting for gasoline and diesel fuel at petroleum marketing facilities.
Law Enforcement Standards Board:
Ch. LES 4 - Relating to certification of law enforcement, jail and secure detention instructors by the Law Enforcement Standards Board.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10 and 15 - Relating to annual Wildlife Management (trapping and hunting regulations) housekeeping rule changes.
Natural Resources (Air Pollution Control, Chs. NR 400--):
NR Code - Relating to a response to U.S. EPA's Nitrogen Oxides (NOx) State Implementation Plan (SIP) Call to Reduce Ozone Transport.
Public Instruction:
Chs. PI 3 and 4 - Relating to standards of attainment for licensure as a teacher in Wisconsin and to the standards and procedures for the approval of teacher preparatory programs leading to licensure in Wisconsin..
Public Service Commission:
Ch. PSC 132 - Relating to including cable operators.
Workforce Development (Prevailing Wage Rates,
Chs. DWD 290-294):

S. DWD 290.155 - Relating to threshold limits for application of the state prevailing wage rate laws.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 23 to 24.
Natural Resources:
S. NR 25.06 (2) (e) 2.- Relating to commercial fishing quota for whitefish in Lake Michigan and Green Bay.
Natural Resources:
Chs. NR 105, 106, 211 and 215 - Relating to regulating the discharge of chloride to surface waters of the state.
Natural Resources:
Ch. NR 200 - Relating to applications for discharge permits and water quality standards variances.
Natural Resources:
Ch. NR 233 - Relating to regulation of effluent limitations and pretreatment standards for the pesticide chemicals industry.
Natural Resources:
Ch. NR 252 - Relating to regulation of effluent limitations and pretreatment standards for the leather tanning and finishing industry.
Psychology Examining Board:
Psy Code - Relating to requirements for examination and licensure of psychologists, renewal, continuing education and conduct.
Veterans Affairs:
S. VA 1.10 (7) - Relating to the disclosure of confidential information to collection agencies.
Notices of Hearings or of Proposed Rules.
Pages 25 to 39.
Health & Family Services:
Management & Technology & Finance, Chs. HFS 1--
Hearings to consider chs. HFS 12 and 13, relating to caregiver background checks and reporting and investigation of caregiver misconduct.
Hearings and Appeals:
Hearing to consider ch. HA 3, relating to the appeal procedure for Medicaid, food stamps, public assistance and social services programs.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 25.06 (2) (e) 2., relating to the whitefish quota in Lake Michigan and Green Bay.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Environmental Protection--WPDES, Chs. NR 200--
Hearings to consider revisions to chs. NR 105, 106, 211 and 215, relating to discharge of chloride to surface waters.
Natural Resources:
Environmental Protection--WPDES, Chs. NR 200--
Hearing to consider revision to ch. NR 200, relating to applications for discharge permits and water quality standards variances.
Hearing to consider revision to ch. NR 233, relating to the pesticide chemical industry.
Hearing to consider revision to ch. NR 252, relating to the leather tanning and finishing industry.
Psychology Examining Board:
Hearing to consider revisions to chs. Psy 2 to 5, relating to requirements for examination and licensure of psychologists, renewal and conduct.
Revenue:
Proposed rule revising s. Tax 11.68, relating to construction contractors.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Hearings to consider ch. DWD 14, relating to electronic benefit transfer.
Hearing to consider ch. DWD 16, relating to the emergency assistance program.
Hearing to consider ch. DWD 17, relating to the training of income maintenance workers.
Hearing to consider ch. DWD 55, relating to criminal and background checks for day care operators and other persons.
Hearing to consider ch. DWD 56, relating to the administration of day care funds.
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 40.
Accounting Examining Board:
(CR 98-91) - SS. Accy 3.05, 3.055 and 7.035
Hearing & Speech Examining Board:
(CR 98-115) - SS. HAS 1.01, 2.01, 3.02 and 7.05 and
chs. HAS 6 and 8
Insurance, Commissioner of:
(CR 98-98) - SS. Ins 3.27, 3.39 and 3.46
Regulation and Licensing:
(CR 98-107) - Ch. RL 8 and Appendix I of ch. RL 8
Regulation and Licensing:
(CR 98-132) - SS. RL 80.03, 83.01, 84.01 and 86.01 and
chs. RL 81, 85 and 87
Transportation:
(CR 98-105) - SS. Trans 325.02, 325.05, 326.01, 326.07,
328.03 and 328.04
Transportation:
(CR 98-111) - Ch. Trans 197
Transportation:
(CR 98-121) - S. Trans 231.01 (9) and ch. Trans 233
Transportation:
(CR 98-122) - Ch. Trans 210
Transportation:
(CR 98-125) - Ch. Trans 57
Transportation:
(CR 98-131) - Ch. Trans 400
Transportation:
(CR 98-140) - Ch. Trans 309
Rules Published in this Wis. Adm. Register.
Page 41.
Agriculture, Trade & Consumer Protection:
(CR 98-1) - Ch. ATCP 134
Commerce:
(CR 98-52) - Ch. Comm 87
Commerce:
(CR 98-65) - Ch. Comm 47
Commerce:
(CR 98-74) - Ch. Comm 115
Commerce:
(CR 98-106) - S. Comm 69.18 (2) (a) 2. c.
Commerce:
(CR 98-109) - Ch. Comm 57, subch. II
Employe Trust Funds:
(CR 98-101) - S. ETF 50.48 (4) (c)
Financial Institutions--Securities:
(CR 98-114) - Chs. DFI-Sec 2, 3 and 5 and
ss. DFI-Sec 1.02, 7.01 and 9.01
Insurance, Commissioner of:
(CR 98-80) - S. Ins 4.10
Natural Resources:
(CR 95-223) - Chs. NR 518 and 718 and
ss. NR 419.07, 500.03, 811.16 and 812.08
Natural Resources:
(CR 97-89) - Ch. NR 140
Natural Resources:
(CR 98-95) - SS. NR 25.02 (25) and 25.05 (1) (d)
Natural Resources:
(CR 98-96) - SS. NR 46.15, 46.16 and 46.17
Optometry Examining Board:
(CR 98-75) - Ch. Opt 3 and ss. Opt 4.01, 4.02, 4.03
and 6.03
Pharmacy Examining Board:
(CR 98-16) - Chs. Phar 1 to 8, 10, 12, 13 and 14
Revenue:
(CR 97-97) - SS. Tax 19.01, 19.03, 19.04 and 19.05
and ch. Tax 19 (title)
Transportation:
(CR 98-102) - S. Trans 157.05
Veterinary ExaminingBoard:
(CR 98-9) - Chs. VE 1 to 10
Sections Affected by Rule Revisions and Corrections.

Pages 42 to 45.
Revisions
Agriculture, Trade & Consumer Protection:
Ch. ATCP 134
Commerce (Petroleum Environmental Cleanup Fund,Ch. Comm 47):
Ch. Comm 47
Commerce (Building and Heating, etc.,Chs. Comm 50-64):
Ch. Comm 57
Commerce (Barrier-Free Design,Ch. Comm 69):
Ch. Comm 69
Commerce (Plumbing,Chs. Comm 82-87):
Ch. Comm 87
Commerce (Financial Resources for Businesses & Communities,
Chs. Comm 105 to 128):

Ch. Comm 115
Employe Trust Funds:
Ch. ETF 50
Financial Institutions (Securities):
Chs. DFI-Sec 1, 2, 3, 5, 7 and 9
Insurance, Commissioner of:
Ch. Ins 4
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 25 and 46
Natural Resources (Environmental Protection--General,
 Chs. NR 100--):

Ch. NR 140
Natural Resources (Environmental Protection--Investigation &
 Remediation, Chs. NR 700--):

Ch. NR 718
Natural Resources (Environmental Protection--Water Supply,
 Chs. NR 800--):

Chs. NR 811 and 812
Optometry Examining Board:
Chs. Opt 3, 4 and 5
Pharmacy Examining Board:
Chs. Phar 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13 and 14
Revenue:
Ch. Tax 19
Transportation:
Chs. Trans 76 and 157
Veterinary Examining Board:
Chs. VE 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
Editorial Corrections
Commerce (Petroleum Environmental Cleanup Fund,Ch. Comm 47):
Ch. Comm 47
Commerce (Barrier-Free Design,Ch. Comm 69):
Ch. Comm 69
Financial Institutions (Securities):
Chs. DFI-Sec 2, 3 and 7
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 25 and 46
Natural Resources (Environmental Protection--Investigation &
 Remediation, Chs. NR 700--):

Ch. NR 718
Natural Resources (Environmental Protection--Water Supply,
 Chs. NR 800--):

Chs. NR 811 and 812
Revenue:
Ch. Tax 19
Veterinary Examining Board:
Ch. VE 7
Errata
Commerce (Financial Resources for Businesses & Communities,
Chs. Comm 105 to 128):

Ch. Comm 119
Final Regulatory Flexibility Analyses.
Pages 46 to 49.
1. Agriculture, Trade & Consumer Protection:
(CR 98-1) - Ch. ATCP 134
2. Commerce:
(CR 98-65) - Ch. Comm 47
3. Commerce:
(CR 98-109) - Ch. Comm 57, subch. II
4. Commerce:
(CR 98-106) - S. Comm 69.18 (2) (a) 2. c.
5. Commerce:
(CR 98-52) - Ch. Comm 87
6. Commerce:
(CR 98-74) - Ch. Comm 115
7. Employe Trust Funds:
(CR 98-101) - S. ETF 50.48 (4) (c)
8. Financial Institutions--Securities:
(CR 98-114) - Chs. DFI-Sec 2, 3 and 5 and
ss. DFI-Sec 1.02, 7.01 and 9.01
9. Insurance, Commissioner of:
(CR 98-80) - S. Ins 4.10
10. Natural Resources:
(CR 98-95) - SS. NR 25.02 (25) and 25.05 (1) (d)
11. Natural Resources:
(CR 98-96) - SS. NR 46.15, 46.16 and 46.17
12. Natural Resources:
(CR 97-89) - Ch. NR 140
13. Natural Resources:
(CR 95-223) - Chs. NR 518 and 718 and
ss. NR 419.07, 500.03, 811.16 and 812.08
14. Optometry Examining Board:
(CR 98-75) - Ch. Opt 3 and ss. Opt 4.01, 4.02, 4.03
and 6.03
15. Pharmacy Examining Board:
(CR 98-16) - Chs. Phar 1 to 8, 10, 12, 13 and 14
16. Revenue:
(CR 97-97) - SS. Tax 19.01, 19.03, 19.04 and 19.05
and ch. Tax 19 (title)
17. Transportation:
(CR 98-102) - S. Trans 157.05
18. Veterinary Examining Board:
(CR 98-9) - Chs. VE 1 to 10
Public Notices.
Pages 50 to 53.
Agriculture, Trade & Consumer Protection:
Public notice relating to notice of dollar amount adjustments for repair charges subject to mechanic's liens.
Financial Institutions (Division of Savings Institutions):
Public notice relating to notice of interest rate on required residential mortgage loan escrow accounts for 1999.
Health & Family Services:
Public notice relating to Medical Assistance reimbursement for case management services: targeted case management for child welfare clients in out-of-home care.
Health & Family Services:
Public notice relating to Medical Assistance reimbursement for pharmaceutical products: incentive payments for substituting less expensive drugs.
Actions By the Joint Committee for Review of Administrative Rules.

Page 54.
Commerce (Plumbing, Chs. Comm 82-87):
Motion suspending the first two sentences of s. Comm 83.03 (2), Wis. Adm. Code, relating to the discontinuation of use of privately-owned wastewater treatment systems upon the installation of a public system approved by the Department of Natural Resources.
Natural Resources:
Motion requiring the Department of Natural Resources to promulgate as an emergency rule, within 30 days, all guidance documents published by the agency that provide direction to agency staff on the determination of navigability of farm drainage ditches.
emer516
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.
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