Additional analyst certification. A supplemental fee of $150 for each requested certification of one or more analysts to conduct any milk or food test, if the certification occurs at any time other than during a mandatory inspection.
Fiscal Estimate
See page 31 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 31 of the May 31, 1999 Wis. Adm. Register.
Notice of Proposed Rule
Gaming Division
Notice is hereby given that pursuant to ss. 16.004(1), 562.02(1), 563.04(2), 563.05(4), 227.46(3) and 227.47(1), Stats., and interpreting ss. 562.02(2)(f), 562.04(1)(b)6, 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1) and 227.43 to 227.46, Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Administration will adopt the following rule as proposed in this notice without a public hearing unless, within 30 days after publication of this notice, June 15, 1999, the Department of Administration is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis Prepared by the Department of Administration, Division of Gaming
The Department of Administration, Division of Gaming, proposes an order to repeal ss. WGC 3.01(1), (2), (3) and (4) and 3.05(1)(a) 1. and (c), (2)(a), (b) and (c) and (3)(a), (b) and (c); to renumber and amend WGC s. 3.05(1)(a) 2. and 3., and (b); to amend ss. WGC 3.01, 3.02, 3.03(1)(b) and (c), (2), (3) and (4), 3.04(1)(a) and (b), (2)(b) and (3)(b), 3.05(intro.) and (1)(a) and 3.06(1)(a) and (b) and (2), relating to contested case hearings arising out of the regulatory activities of the Division of Gaming.
Statutory authority: ss. 562.02(1) , 563.04(2), 563.05(4), 227.46(3), 227.47(1)
Statutes interpreted: ss. 562.02(2)(f), 562.04(1)(b)6., 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1), 227.43 to 227.46
NOTE: The Department is requesting the Revisor of Statutes to make corrections to WGC Chapters under to s. 13.93(2m)(b)6, Stats. As a result of the statutory changes in 1997 Wisconsin Act 27, (repealing Chapter 561, Gaming Board, and creating s. 15.103(1m), Division of Gaming in the Department of Administration) we are requesting the Revisor to replace obsolete references to “Commission," “Director," and “Chairperson" with the following: “Department of Administration (Department)," “Division of Gaming (Division)," or “Administrator of the Division of Gaming (Administrator)."
SECTION 1. WGC 3.01 is amended to reflect that the Division is responsible for hearings arising under ch. 563 (charitable gaming) Stats., and Indian gaming compacts, rather than just ch. 562 (pari-mutuel racing) Stats.
SECTION 2. WGC 3.01(1) through (4) are repealed to reflect that the hearings conducted are no longer limited to those arising under ch. 562 (pari-mutuel wagering) Stats.
SECTION 3. WGC 3.02 is amended to reflect the Division has taken over the responsibilities of the former Wisconsin Gaming Commission.
SECTION 4. WGC 3.03(1)(b) is amended to require a person requesting a hearing include an address for service of documents relative to the hearing. WGC 3.03(1)(c) is amended to reflect that requests for hearing are not limited to appeals of steward's inquiries. WGC 3.03(2) is amended to reflect the statutory time frame for filing an appeal of a stewards ruling, as set out in 562.04(1)(b)6., Stats, is 7 days, and the administrator of the division now decides whether to grant a request for stay of a stewards ruling. WGC 3.03(3) increases to 30 days, from 15, the time in which an aggrieved person may request a hearing, and changes a reference from Commission to Department. WGC 3.03(4) changes a reference from Commission to Division, and adds the new address of the Division.
SECTION 5. WGC 3.04(1)(a) is amended to change references from Commission to Division. WGC 3.04(1)(b), (2)(b), and (3)(b) are amended to change references from Commission to Department.
SECTION 6. WGC 3.05 (title) and (intro) are amended to delete references to Commission, and specifies that in cases of conflicts with the rules and ch. 227 Stats., ch. 227 controls. WGC 3.05(1)(a) is amended to add a reference to s. 227.43 as authorization for appointment of a hearing officer.
SECTION 7. WGC 3.05(1)(a)1. Is repealed because this authority is already provided in s. 227.45(1) Stats.
SECTION 8. WGC 3.05(1)(a)2. and 3. are renumbered to reflect the repeal of WGC 3.05(1)(a)1.
SECTION 9. WGC 3.05(1)(b) is renumbered and amended to reflect the repeal of WGC 3.05(2) and (3), and change a reference to Commission to Department.
SECTION 10. WGC 3.05(1)(c) is repealed to eliminate the policy reflected by this language. WGC 3.05(2) and (3) are repealed to maintain consistency with the provisions of s. 227.45(7) Stats., which allows discovery consistent with that in Wisconsin civil judicial proceedings.
SECTION 11. WGC 3.06(1)(a), (b) and (2) are amended to change references from Commission to Department.
Text of Rules
SECTION 1. WGC 3.01(intro.) is amended to read.
WGC 3.01 Purpose. These rules shall apply to all hearings conducted by the commission pursuant to ch. 562, Stats.: by the department pursuant to ch. 227, 562, or 563, Stats., or Indian gaming compacts entered into pursuant to s. 14.035 Stats.
SECTION 2. WGC 3.01(1), (2), (3) and (4) are repealed.
SECTION 3. WGC 3.02 is amended to read.
WGC 3.02 Computation of time. The computation of time in computing any period of time prescribed in this chapter, including acts of default, shall be governed by s. 990.001 (4), Stats. Papers received by the commission division for filing after 5:00 4:30 p.m. shall be considered as filed the following day.
SECTION 4. WGC 3.03(1)(b) and (c), and (2) to (4) are amended to read:
WGC 3.03(1)(b) Shall contain an address and telephone number where the person requesting the hearing may be notified of the time and place of the hearings receive service of documents relative to the hearing; and
(c) Shall set forth the reasons why the decision of the stewards should be reversed or modified, or why the relief requested should be granted. which support the request for hearing. The documents should take the form of a pleading in a civil case, where practicable.
(2) Requests for hearing from orders of the stewards suspending an occupation licensee, recommending denial or revocation of an occupation licensee, imposing a forfeiture on an occupation license or from orders of the stewards excluding an occupation licensee shall be instituted by filing a written request for a hearing no later than 45 7 days after notice of the suspension, forfeiture or exclusion has been communicated to the licensee. A request for hearing shall not stay enforcement of the decision of the stewards. If the party requesting the appeal desires that the director
administrator stay the decision of the stewards, the party shall specify in the request for hearing stay the reasons supporting the issuance of the stay. The director administrator shall decide whether to grant the stay within 48 hours of receipt of the request.
(3) All other requests for hearing shall be instituted by filing a written request for hearing no later than 15
30 days after receipt of notice of the action of the commission or stewards
department which gives rise to the right to a hearing.
(4) Requests for hearing may be filed in person or by certified mail to the commission's division's administrative office at 150 E. Gilman, P.O. Box 7975, Madison, WI 53707-7975 2001 W. Beltline Hwy., Suite 201, P.O. Box 8979, Madison, WI, 53708-8979. Requests submitted by certified mail shall be deemed timely if they are postmarked within the applicable time frame for filing an appeal.
SECTION 5. WGC 3.04(1)(a) and (b), (2)(b), and (3)(b) are amended to read.
WGC 3.04 Determination of parties and appearances. (1) Parties. (a) The commission
division, any person requesting a hearing pursuant to s. WGC 3.03, and any person against whom a proceeding is initiated by the commission
division shall be considered parties to the hearing for purposes of s. 227.53, Stats.
(b) Any other person may petition the commission
department to be admitted as a party to the hearing. The commission department shall grant such a motion upon a determination that the movant has substantial interests to which the order of the commission department in the contested case will apply and affect.
(2)(b) Except as provided in pars. (c) and (d) no one may appear before the commission department in a representative capacity except those licensed to practice law in Wisconsin or any other state.
(3)(b) No documents or exhibits shall be accepted or considered by the hearing officer or commission department unless they are admitted into evidence and served on all parties.
SECTION 6. WGC 3.05(title)(intro.) and (1)(a) are amended to read.
WGC 3.05 (title) Conduct of hearings of the commission. Commission hearings Hearings shall be conducted in conformance with this chapter and, as to all aspects not specified in this chapter, or in conflict with ch. 227 Stats., in conformance with ch. 227, Stats.;
(1) (a) Powers and duties. Hearing officer shall be appointed pursuant to s ss. 227.43 or 227.46 (1), Stats. The hearing officer shall have all the powers and duties enumerated in ch. 227, Stats. In addition, a hearing officer appointed pursuant to this section may:
SECTION 7. WGC 3.05(1)(a)1. is repealed.
SECTION 8. WGC 3.05(1)(a) 2. and 3. are renumbered WGC 3.05(1)(a) 1. and 2. and amended to read.
WGC 3.05(1)(a) 1. Upon objection to the admissibility of evidence, receive the disputed evidence subject to a subsequent ruling by the commission department;
2. Exclude evidence upon the hearing officer's motion or motion of either party, but a party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof with such ruling being subject to subsequent ratification by the commission department. Unless expressly overruled, such decision by the hearing officer shall be deemed ratified.
SECTION 9. WGC 3.05(1)(b) is renumbered WGC 3.05(2) and amended to read.
(2) Official notice OFFICIAL NOTICE. The commission department and hearing officer may take official notice of:
SECTION 10. WGC 3.05(1)(c), (2)(a), (b), (c), and (3)(a), (b), (c) are repealed.
SECTION 11. WGC 3.06(1)(a), (b) and (2) are amended to read.
WGC 3.06(1) PROPOSED DECISIONS. (a) In all cases in which a proposed decision is required by s. 227.46(2), Stats., the hearing officer shall within 7 working days of the close of the presentation of evidence and arguments by the parties, prepare and submit to the commission department a proposed decision meeting the requirements of s. 227.46(2), Stats. Within 24 hours of receipt of the decision, the commission department shall serve on all parties a copy of the proposed decision. Each party adversely affected by the proposed decision shall, within 7 working days of receipt of the proposed decision, file any objections to the proposed decision in writing.
(b) In all other cases, unless otherwise directed by the chairperson administrator pursuant to written order upon appointment of a hearing officer, the commission
department shall base its decision on the record certified to it by the hearing officer without a proposed decision as set forth in s. 227.46(3)(b), Stats., subject to any rulings on motions or objections.
(2) FINAL DECISION. The commission department shall review the record in its entirety before rendering a decision.
Fiscal Estimate
There will be no fiscal impact.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Agency Contact Person
Donna Sorenson
Department of Administration
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
Notice of Proposed Rule
Law Enforcement Standards Bureau
Notice is hereby given that pursuant to s. 165.85(3)(a), Stats., and interpreting s. 165.85(5)(a), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Law Enforcement Standards Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on June 15, 1999, the Law Enforcement Standards Board is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rules.
Analysis Prepared by the Training and Standards Bureau, Wisconsin Department of Justice
The following proposed rules revise certification requirements of the Law Enforcement Standards Board for instructors who teach basic and advanced training for law enforcement, jail and secure detention officers. Revised requirements pertain to new instructors and to experienced instructors who seek to renew their certification. They restrict certification to qualified persons who instruct basic training, instructor training or who employ training guides approved by the Board. They also establish a new, single term of certification and a single anniversary date for multiple certifications.
Text Rules
SECTION 1. LES 4.01 (intro.), (2)(a), (c) and (d) are amended to read:
LES 4.01 Certifications. The following certifications shall be made by the board on the basis of information to be acquired on forms designed by the bureau and approved by the board. Where necessary or deemed advisable, additional information may be acquired through personal inquiry. at the direction of the board. All board decisions are subject to appeal by any interested party.
(2) INSTRUCTORS. (a) Any person who participates as an instructor in training which has been a preparatory course, instructor course or who employs a training guide approved by the board or bureau or for which reimbursement is sought from the bureau, shall be certified by the board.
(c) The board shall certify persons to be general
new instructors as outlined in s. LES 4.02. It shall certify persons to be specific skills instructors as outlined in s. LES 4.03. It shall certify authorize persons to be professional instructors as outlined in s. LES 4.04. Instructor certifications shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this section.
(d) (intro.) The board may deny, suspend, or revoke an instructor's certification or authorization when the board finds that the person:
1. Has failed to meet the board's requirements for certification or professional authorization;
2. Has failed to remain knowledgeable and current in the person's instructional area of expertise;
3. Has failed to meet reasonable instructional standards and practices.
SECTION 2. LES 4.01(2)(b) is repealed and recreated to read:
LES 4.01(2)(b) All existing instructor certificates shall expire on March 1, June 1, September 1, or December 1, 2001 based on the month of first certification. All certifications held by an instructor shall expire on the same date. Rules of recertification adopted as of September 1, 1999 shall apply to instructor recertifications in the year 2001.
SECTION 3. LES 4.02 (title), (1) (intro.), (a), (b), 1 and 2 are amended to read:
LES 4.02 (title) General New instructor. (1) (intro.) GENERAL NEW INSTRUCTOR CERTIFICATION. Certificates Certification issued in this category on or after January 1, 1990, September 1, 1999, shall be limited to those topics which have not been incorporated by the under its specific instructor certifications. Persons certified as general instructors are not authorized to teach subjects which have been identified by the board as specific skills. or as requiring professional certification. approved for qualified persons who instruct a preparatory course, an instructor course or who employ training guides approved by the board. To qualify for general new instructor certification, an applicant shall demonstrate to the satisfaction of the board, a combination of education, occupational experience and proficiency in the instructional process. Applicants shall meet the following minimum qualifications for general new instructor certification:
