(18) Any conflict of interest, unless the licensee informs the client or employer of all the circumstances which may interfere with or impair the licensee's obligation to provide professional services, and unless the licensee has the full approval and consent of the client or employer.
(19) Failing to notify an employer or client and to withdraw from employment at any time if it becomes apparent that it is not possible to faithfully discharge the responsibilities and duties owed to the client or employer; or agreeing to perform professional services for a client or employer if the registrant has a significant financial or other interest which would impair or interfere with the registrant's responsibility to faithfully discharge professional services on behalf of the client or employer.
(20) Accepting payment from any party other than a client or employer for a particular project or having any direct or indirect financial interest in a service or phase of a service to be provided as part of a project unless the employer or client approves.
(21) Soliciting or accepting anything of value from material or equipment suppliers in return for specifying or endorsing a product.
(22) Violating the confidences of a client or employer, except as otherwise required by law.
(23) Providing services for a client or employer while a full-time employe of another employer without notifying all parties concerned.
(24) Aiding or abetting the unlicensed practice of professional geology, hydrology or soil science.
(25) Signing, sealing or stamping any plans, drawings, documents, specifications or reports for professional geology, hydrology or soil science practice which are not prepared by the licensee or under his or her personal direction and control.
Fiscal Estimate
These rules implement the regulation of professional geologists, hydrologists and soil scientists as enacted by 1997 Wis. Act 300. The Joint Committee on Finance approved position authority and funds to implement this legislation through the 16.515 process on October 28, 1998. This approval was for FY 99, FY 00 and FY 01 (Fiscal Years 1999, 2000 and 2001). The staffing and funding for this registration needs to be reviewed for the 2001-03 biennium.
The cost to implement this legislation for FY 99 includes $69,547 for salary and fringe (3.0 FTE(Full-Time Equivalent)); $17,633 for Board expenses; $8,036 for supplies and services; and $16,500 for one-time costs (computers and office furniture). Annual costs for FY 00 and FY 01 are estimated at $122,000 annually.
These rules increase neither the Department's revenues nor its expenditures. This rule does not appear to have any impact on local government costs.
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 Information
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 Hearings
Health & Family Services
(Community Services,
Chs. HFS 30-)
Notice is hereby given that, pursuant to s. 48.57(3m)(ar), Stats., the Department of Health and Family Services will hold public hearings to consider the creation of ch. HFS 58, Wis. Adm. Code, relating to the eligibility of nonparent relatives of children to receive kinship care benefits to help them provide care and maintenance for the children.
Hearing Information
June 14, 1999 Birch Room
Monday Best Western Midway Hotel
From 11 a.m. to 3 p.m. 2901 Martin Avenue
WAUSAU, WI
June 15, 1999 Bureau of Milwaukee Child Welfare
Site 3
Tuesday 611 N. Teutonia Ave.
From 10 a.m. to 4 p.m. MILWAUKEE, WI
June 21, 1999 Madison B Room
Monday Comfort Inn East
From 11 a.m. to 3 p.m. 4822 E. Washington Ave.
MADISON, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Kinship care is care and maintenance of a child who resides outside of the child's own home, either temporarily or for the long-term, with a relative who could be an adult brother or sister, a first cousin, a nephew or niece, an uncle or aunt or a grandparent, among others.
A recent session law, 1995 Wisconsin Act 289, created s. 48.57(3m), (3p) and (3t), Stats., which authorize a county or tribal child welfare agency to make a monthly payment of $215, called a kinship care benefit, to an approved relative to help the relative provide care and maintenance for the child. These payments started on July 1, 1996 and by July 1, 1997 had replaced income maintenance payments under s. 49.33, Stats., for care provided by non-legally responsible relatives. The kinship care statutes were amended in October 1997, effective January 1, 1999, by 1997 Wisconsin Act 27 to make the Department responsible for administration of the kinship care program in Milwaukee County. The statutes were amended again in April 1998 by 1997 Wisconsin Act 105 to add sub. (3n), relating to long-term kinship care, and in June 1998 by 1997 Wisconsin Act 237 to direct the Department to promulgate rules that set forth criteria for determining the eligibility of a kinship care relative to receive the monthly kinship care payment.
These are the Department's rules for the kinship care program. The Department's rules cover all of the following topics:
•
Conditions for applying for a benefit.
•
How to apply for a benefit.
•
Agency review of applications.
•
Requesting an exemption for good cause from the requirement to cooperate with the agency in securing payment of child support.
•
Eligibility criteria, under the headings of need of the child for the kinship care living arrangement, best interests of the child and jurisdictional considerations.
•
The use of waiting lists.
•
Reassessment at least annually of a kinship care relative's eligibility.
•
Appeal rights of an applicant who has been denied a kinship care benefit or of a kinship care relative whose benefit has been discontinued following a reassessment.
This order also repeals current ch. HSS 58, Services for Youth Who Are Adjudicated Delinquent, which dates from August 1985 and is no longer in use.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:
Mark Mitchell
Bureau of Programs and Policies
P. O. Box 8916
Madison, Wisconsin 53708-8916
608-266-2860 or,
if you are hearing impaired,
608-266-7376
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than June 22, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
County departments of social services or human services and tribal child welfare agencies have been authorized since July 1996 under s. 48.57 (3m), (3p) and (3t), Stats., to make a monthly payment of $215, called a kinship care benefit, to an approved non-parent relative of a child to help the relative provide care and maintenance for the child. The statutes were amended in April 1998 to make the Department responsible for administration of the program in Milwaukee County. The statutes were amended again in June 1998 to direct the Department to promulgate rules which set forth criteria for determining the eligibility of a relative to receive the monthly payment.
The program is administered by counties and tribes, and by the Department in Milwaukee County, any of which may contract with a public or private agency to administer all or part of the program.
These are the rules. They will not affect the expenditures or revenues of state government or local governments. The total costs of the monthly payments and the costs of program administration were taken into consideration by the Legislature when the program was authorized. The state pays the costs of the monthly payments, reimbursing counties, tribes and the Department under a sum certain appropriation. The costs of program administration are also borne by state government.
Initial Regulatory Flexibility Analysis
These rules will not directly affect small businesses as “small business" is defined in s. 227.114(1)(a), Stats. The rules apply to the persons applying for kinship care benefits, to relatives who are receiving those benefits on behalf of children residing with them, to county departments and tribal child welfare agencies administering the kinship care program, to the department as it administers the kinship care program in Milwaukee County and to other agencies under contract with the department, a county department or a tribal child welfare agency for the purpose of administering the kinship care program.
Notice of Hearing
Insurance, Commissioner of
Notice is hereby given that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedure set forth under s. 227.18, Stats., OCI (Office of the Commissioner of Insurance) will hold a public hearing to consider the adoption of a proposed rulemaking order affecting subchs. III and IV of ch. Ins 8 and creating ch. Ins 19, Wis. Adm. Code, relating to health insurance.
Hearing Information
