• References to termination or separation for “cause" are replaced by “misconduct or delinquency" to conform to s. 230.31, Stats., which uses the term “misconduct or delinquency" in reference to reinstatement eligibility.
• More precise words are substituted to describe the different ways of leaving a position which trigger restoration rights or reinstatement eligibility.
• A reference to the maximum number of personal holidays in a calendar year for employes who move between types of appointments is changed from three to three and one-half days, to conform to the amount of personal holidays specified in s. 230.35 (4) (d), Stats.
• The list of types of leave in ch. ER 18 is expanded to include paid leaves for providing certain disaster relief services, which was newly authorized in s. 230.35 (3) (e), Stats., by 1997 Wis. Act 118.
The statutory authority for these rule changes is found in the following:
1. S. 230.04 (5), Stats., grants the Secretary general authority to promulgate rules on all matters related to the Department (except those reserved to the Administrator of the Department's Division of Merit Recruitment and Selection.)
2. The specific statutory authority to increase the reinstatement eligibility period is found in ss. 230.31 (1) (a), 230.33 (1) and 230.40 (3), Stats., which were amended by Act 307 to increase the eligibility period from three to five years.
3. S. 230.35 (1) (g) 2, Stats., was amended by Act 307 to increase from three to five years the time period in which a former state employe may return to state service and not have his/her continuous service interrupted.
4. S. 230.35 (2), Stats., provides that restoration of unused sick leave upon reemployment of state employes shall be regulated by the administrative rules of the Secretary of the Department of Employment Relations.
5. S. 230.35 (4) (d), Stats., provides for three and one-half personal holidays.
6. S. 230.35 (3) (e), Stats., permits paid leaves for providing certain disaster relief services.
Fiscal Estimate
The lengthened permissive reinstatement period may result in lower agency expenditures for filling vacancies because agencies will be able to appoint former employes instead of recruiting new applicants. Additionally, individuals reinstating may be eligible for higher pay than if they would have to start over again, or if an individual not having reinstatement eligibility were hired instead. However, it is impossible to estimate any cost impact.
The rule gives former employes a longer time period in which to return to state service and be eligible for restoration of unused sick leave and years of prior service. The vacation earning rate is based on length of service. Thus, these employes will more quickly reach the earning level at which unused vacation may be converted to termination leave or cash payments. Furthermore, they may accumulate larger amounts of unused sick leave which may be converted at retirement age to pay post-retirement health insurance premiums. These two effects could increase state costs, but it is impossible to determine the amount.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Copies of Rule and Contact Information
A copy of the rule is available from the contact person listed:
Bob Van Hoesen
Department of Employment Relations
345 West Washington Ave.
Madison, WI 53703
Telephone (608)267-1003
Notice of Hearing
Dept. of Employment Relations
(Div. of Merit Recruitment &
Selection)
Notice is hereby given that pursuant to s. 230.05 (5), Stats., and interpreting s. 230.05 (1), Stats., the Division of Merit Recruitment and Selection in the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to reinstatement eligibility and employment register expiration for state employment and minor and technical rule changes.
Hearing Information
August 25, 1999 3rd Floor Training Room
Wednesday Employment Relations
9:00 a.m. to 345 West Washington Ave.
10:00 a.m. MADISON, WI 53703
The hearing will be held jointly with a hearing by the Department of Employment Relations, which is simultaneously promulgating rules relating to reinstatement eligibility and restoration of sick leave for state employes and other related time periods for state personnel transactions. Please see the separate hearing notice for an analysis of the proposed rule order of the Department of Employment Relations.
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written Comments
Written comments on the rules may be sent to the contact person by August 27, 1999. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Division of Merit Recruitment & Selection
This rule order is intended to bring the Administrator's administrative rules into conformity with statutory changes made by 1997 Wis. Act 307 regarding the eligibility period for reinstatement and the life of employment registers. The rule order also makes minor policy and technical changes in the rules.
Act 307 increased the eligibility period for reinstatement for state employes from three to five years. This rule order amends references to reinstatement in the administrative rules to conform to this statutory change.
(“Reinstatement" is currently defined in the rules to mean the act of permissive reappointment without competition of an employe or former employe under specified statutes to a position: (a) in the same class in which the person was previously employed; (b) in another class to which the person would have been eligible to transfer had there been no break in employment; or (c) in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position. There is no change in the definition.)
The increased reinstatement eligibility applies to employes who are initially eligible for reinstatement on or after July 5, 1998, which is the same effective date as Act 307.
Act 307 also permits the Administrator to allow an employment register to expire after three months. The normal life of a register will remain at six months. This rule order amends the administrative rules to reflect this new option, which may be exercised only after considering the impact on equal employment opportunity and affirmative action policies.
Act 307 did not increase the three-year restoration period; thus, provisions relating to the three-year period for restoration rights in the administrative rules are retained.
Minor technical changes are also made in the rule order, including:
• The rules are clarified to provide that a reinstatement is valid if the employe or former employe submitted a specific request or application for a specific vacancy during the eligibility period. This change codifies a court ruling on this subject.
• More precise words are substituted to describe the different ways of leaving a position which trigger restoration rights or reinstatement eligibility.
The statutory authority for these rule changes is found in the following:
1. S. 230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection general authority to promulgate rules on provisions for which the administrator has statutory responsibility.
2. The specific statutory authority to increase the reinstatement eligibility period is found in ss. 230.31 (1) (a), 230.33 (1) and 230.40 (3), Stats., which were amended by Act 307 to increase the eligibility period from three to five years.
3. S. 230.31 (2), Stats., permits the Administrator to provide for the reinstatement of persons who separate from a position while serving a probationary period.
4. S. 230.25 (3) (b), Stats., as created by Act 307, states that the Administrator of the Division of Merit Recruitment and Selection may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action.
Fiscal Estimate
The lengthened permissive reinstatement period may result in lower agency expenditures for filling vacancies because agencies will be able to appoint former employes instead of recruiting new applicants. Additionally, individuals reinstating may be eligible for higher pay than if they would have to start over again, or if an individual not having reinstatement eligibility were hired instead. However, it is impossible to estimate any cost impact.
Allowing employment registers to expire in 3 months, instead of 6 months, may result in slightly higher expenditures if examinations are administered more frequently. However, these costs can be accommodated within existing agency resources.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Copies of Rule and Contact Information
A copy of the rule is available from the contact person listed:
Bob Van Hoesen
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
Telephone (608) 267-1003
Notice of Hearing
Financial Institutions--Securities
Notice is hereby given that pursuant to ss. 551.63 (1), (2) and (3), 551.22 (7), 551.23 (11) (b) and (18), 551.29 (1), 551.32 (4), (5) and (7), and 551.33 (1), (2) and (6), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at the time and place indicated below to consider the adoption, amendment and repeal of rules in connection with its annual review of the administrative rules of the Division of Securities relating to the operation of ch. 551, Stats., the Wisconsin Uniform Securities Law.
Hearing Information
September 7, 1999 4th Floor Conference Room
Tuesday DFI--Securities
10:00 a.m. 345 West Washington Ave.
MADISON, WI 53703
Written Comments
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, P.O. Box 1768, Madison WI 53701.
Analysis
Statutory Authority: ss. 551.63 (1), (2) and (3), 551.22 (7), 551.23 (11) (b) and (18), 551.29 (1), 551.32 (4), (5) and (7), and 551.33 (1), (2) and (6)
Statutes Interpreted: ss. 551.22 (7), 551.23 (11) (b) and (18), 551.29 (1), 551.32 (4), (5) and (7), 551.33 (1), (2) and (6), and 551.53
Summary Analysis Prepared by the Division of Securities
The rulemaking procedures under Chapter 227 of the Wisconsin Statutes are being implemented for the purpose of effectuating the Division's annual review of the Rules of the Division of Securities. The Division's annual rule revision process is conducted for the following purposes: (1) revising several securities law definitional rules to clarify language; (2) developing new securities registration exemptions and making modifications to several existing securities registration exemptions to reflect new legal or interpretive issues under the federal and state securities laws; and (3) adopting new rules, or amending existing rules, relating to the securities broker-dealer, agent, investment adviser, and investment adviser representative licensing procedures, examination and examination waiver requirements, net capital requirements, securities agent customer record requirements, and rules of conduct provisions for broker-dealers and investment advisers, to effectively regulate new securities licensing developments that have occurred in the securities industry and marketplace that require regulatory treatment.
