(b) The department may require a school seeking initial approval and reapproval of pre-license educational
noncredit programs or courses to describe or furnish its organizational structure, registration policies, fee schedules, promotional materials, detailed outlines of each program or course with specific allocations of classroom hours to each topic presented as classroom education, student records system, the names and qualifications of instructors, the method of instruction, the method for evaluating instructors and a summary of evaluations conducted, and the time, date and location of each program.
SECTION 19. RL 25.06 (1) (e) is repealed and recreated to read:
RL 25.06 (1) (e) A school seeking the approval of pre-license noncredit programs or courses presented as distance education is not required to designate the number of hours of instruction; however, it shall certify to the department that it will not do all of the following:
1. Ensure that instructors approved by the department under sub. (2) are available to the students at reasonable times and by reasonable means.
2. Ensure that the distance education programs and courses will sufficiently cover the required subjects.
3. Provide reasonable oversight to ensure that students who complete the distance education program are the enrolled students.
4. Ensure that the school's distance education program and courses will provide a reasonable opportunity for student self-evaluation of mastery.
SECTION 20. RL 25.065 (5) is amended to read:
RL 25.065 (5) A person who receives an original salesperson's or broker's license during a licensing biennium, and who was not licensed as either a salesperson or broker on the first day of the biennium is not required to satisfy the continuing education requirement during the biennium in which the person becomes a licensee receives that license. However, a person who held a salesperson's license before the first day of a biennium and subsequently receives a broker's license must satisfy the continuing education requirement during the biennium in which the person receives a broker's license.
SECTION 21. RL 25.066 (1) and (4) are amended to read:
RL 25.066 (1) A school seeking initial approval from the department of the a continuing education program or a course shall submit its application on a form provided by the department. A school shall submit applications an application for approval of a continuing education programs and program or course to the department before conducting any the continuing education program or course which the department has prescribed for a licensing biennium.
(4) The department may require a school seeking initial approval and reapproval of continuing education programs and courses to describe or furnish its organizational structure, registration policies, fee schedules, promotional materials, detailed outlines of each program with specific allocations of classroom hours to each topic presented as classroom instruction, student records system, the names and qualifications of administrators and instructors, the method of instruction, a summary of evaluations conducted, information about the school's response to complaints concerning an instructor, and the time, date and location of each continuing education program.
SECTION 22. RL 25.066 (6) (b) is repealed.
SECTION 23. RL 25.066 (6) (c) to (f) are amended to read:
RL 25.066 (6) (c) A school shall submit to the department with the application for approval at least 5 15 multiple-choice questions for each hour of instruction course. The school shall clearly indicate the answer to each question and the portion of the course outline to which the question relates. The questions shall comply with reasonable standards of test development and shall relate to the substantive contents of the continuing education program or course. The questions shall be the original work of the writer and not be published. A school may only make questions available to school personnel.
(d) A school shall agree to conduct an examination at the end of each continuing education program or course. The examination shall contain at least 5 15 multiple-choice questions for each hour of instruction course. The In courses presented by classroom education, the examination shall be closed-book and the passing score shall be no less than 70%, unless the school provides substantial justification to the department for a lower score and the department approves the lower passing score.
(e) A school shall agree not to make available to students before the students take a specific examination the questions or answers to the questions. A school shall keep tests and answer sheets in a secure location at all times before and after administration of the examination, including during construction and printing.
(f) A school shall agree to inform students about the number of points of credit for each question in the examination and the passing score. It shall also provide clear instructions to students for recording their responses on the examination booklet to the questions.
SECTION 24. RL 25.066 (6) (i) is repealed.
SECTION 25. RL 25.066 (6) (j) is amended to read:
RL 25.066 (6) (j) A school may not count examination time as part of the required classroom hours required in a classroom education course.
SECTION 26. RL 25.066 (6) (k) is created to read:
RL 25.066 (6) (k) A school seeking the approval of continuing education programs and courses presented as distance education is not required to designate the number of hours of instruction; however, it shall certify to the department that it will do all of the following:
1. Ensure that instructors approved by the department under sub. (2) are available to the students at reasonable times and by reasonable means.
2. Provide a reasonable level of examination security for the examination given at the end of each distance education continuing education course.
3. Sufficiently cover the subjects specified for continuing education courses.
4. Provide reasonable oversight to ensure that the students who take the examination are the enrolled students.
5. Provide a reasonable opportunity for student self-evaluation of mastery.
SECTION 27. RL 25.07 (1) and (2) (c) 4. are amended to read:
RL 25.07 (1) ATTENDANCE REQUIREMENTS. A student shall attend all the required hours of a classroom education course and receive cover all the required contents of a classroom education course or a distance education course before a school may give a certificate of attendance to the student. In addition, for continuing education programs and courses, a student shall also satisfactorily complete the course examination administered by the school, as provided in s. RL 25.066 (6) (g) to (i)
(d).
(2) (c) 4. Clearly state the number of hours the student has successfully completed both by attending the complete program or course or by passing the program or course examination in an educational program presented as classroom education.
SECTION 28. RL 25.075 (3) is amended to read:
RL 25.075 (3) The continuing education examination shall cover the subjects required for continuing education approved by the department under s. 452.05 (1) (d) and (g), Stats., and shall have no less than 5 questions for each hour of instruction required of classroom education courses in the approved continuing education program or courses.
SECTION 29. RL 25.075 (4) is repealed.
SECTION 30. RL 25.076 is repealed.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Department of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 85.16 (1), Stats., and interpreting s. 84.17 (3), Stats., the Department of Transportation will hold a public hearing at the time and place indicated below to consider the amendment of ch. Trans 212, Wis. Adm. Code, relating to standards for the inspection of bridges in Wisconsin.
Hearing Information
April 12, 1999 Room 639
Monday Hill Farms State
9:00 a.m. Transportation Bldg.
4802 Sheboygan Ave.
MADISON, WI
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business on April 19, 1999, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to:
Bruce Karow
Department of Transportation
Bureau of Highway Development, Room 601
P. O. Box 7916
Madison, WI 53707-7916
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: s. 85.16 (1)
Statute interpreted: s. 84.17 (3)
General Summary of Proposed Rule. Under s. 84.17 (3), Stats., the Department of Transportation has been directed to establish standards for a continuing highway bridge inspection program. An initial rule was adopted in 1982 and revised in 1992. This rule making will bring the rule into conformance with federal bridge inspection standards and allow for a more appropriate inspection interval for some bridges.
Related statutes and rules include s. 84.18, Stats., which establishes a program to accelerate the reconstruction or rehabilitation of seriously deteriorating local bridges identified by the inventory of bridges required under s. 84.17, Stats. Chapter Trans 213 implements the bridge reconstruction and rehabilitation program. In addition, some deteriorated bridges may be eligible for state aid in reconstruction under s. 84.11, Stats. Chapter Trans 215 establishes criteria for determining eligibility under this program for replacing or constructing local high cost bridges.
The first section of this rule amends the definition of the “AASHTO" manual to reflect the fact that a more recent edition has been published. It also changes the name of the appropriate division in the Department of Transportation to reflect the current organizational structure. Finally, it changes the names of the report forms to reflect current practice. The second section allows bridge inspections on a two year interval rather than annually. It also allows certain types of bridges to be inspected at up to four year intervals upon agreement with FHWA. The third section changes reporting dates slightly to allow more time for computer data entry of inspection information by Department personnel.
Initial Regulatory Flexibility Analysis
The proposed amendments to ch. Trans 212 will have no effect on any small business as the rule only applies to the state while performing the governmental function of highway bridge inspection.
Fiscal Estimate
The proposed amendments to ch. Trans 212 will have no effect on the fiscal liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, or sewerage district. The proposed amendments have no effect on state liabilities or revenues. This estimate is based on the fact that the changes merely brings Wisconsin into conformance with what FHWA already allows.
Copies of Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to:
Bruce Karow
Department of Transportation
