Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, September 17, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
A copy of the proposed rules may be obtained without cost from Audrey Fries, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-9375 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Analysis of Proposed Rules
Statutory Authority: ss. 101.02 (1) and (15), and 101.14 (4)
Statutes Interpreted: ss. 101.02 (1) and (15), 101.14 (4), and 101.145
Under ss. 101.02 and 101.14, Stats., the Department of Commerce has the responsibility to supervise every public building and place of employment, including the fire safety aspects, in order to protect the life, health, safety and welfare of every employe, frequenter, tenant and firefighter. The proposed changes in this package are intended to update code requirements and adopted national standards relating to building construction, building equipment, commodity storage and isolation, fire prevention, fire detection, and fire suppression as one part of that responsibility.
The proposed rule change updates the currently adopted National Fire Protection Association (NFPA) standards in the Building and Heating, Ventilating and Air Conditioning Code, chapters Comm 50-64. Twenty four additional NFPA standards are proposed for adoption by reference. Most of these new standards relate to alternate methods of fire suppression or to storage and isolation requirements for various hazardous commodities.
Minor wording changes have been made to the text to clarify ambiguous requirements or to promote consistency within the code as well as consistency with national standards and national model codes. Several changes are proposed that will coincide with requirements in the International Building Code (IBC). Proposed requirements for fireblocking in building construction, using listed joint assemblies in fire-resistive construction, and fire isolation and suppression in commercial cooking facilities follow requirements from the IBC.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Robert Langstroth
Department of Commerce
P.O. Box 2599
Madison, Wisconsin 53701
Telephone (608) 264-8801
or TTY (608) 264-8777
Written comments will be accepted until Friday, September 17, 1999.
Fiscal Estimate
There is no fiscal effect.
Initial Regulatory Flexibility Analysis
1.   Types of small businesses that will be affected by the rules.
Businesses that install, test or maintain fire protection equipment will have clearer rules and up-to-date national standards to follow.
Businesses that store hazardous materials, such as compressed gases, various hazardous chemicals, rubber tires, rolled paper or explosive materials will be required to follow current national standards for the storage of those materials.
2.   Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting or bookkeeping procedures to comply with these rules.
3.   Types of professional skills necessary for compliance with the rules.
There are no additional professional skills needed to comply with these rules.
Notice of Hearing
Commerce
(Financial Resources for Businesses
& Communities,
Chs. Comm 105 to 128)
The Department of Commerce announces that it will hold a public hearing on the emergency rule relating to ch. Comm 111 Certified Capital Companies.
Hearing Information
August 17, 1999   Conference Room 3B
Tuesday   201 W. Washington Ave.
2:00 p.m.   Madison, WI
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until August 22, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Richard Meyer (608-266-3080), Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Analysis
Statutory Authority: ss. 560.31, 560.34 (1m) (b), and 227.24
Statutes Interpreted: ss. 560.31, 560.34 (1m) (b), and 227.24
On June 17, 1999, the Department of Commerce (Commerce) held a public hearing on proposed rules in response to 1997 Wis. Act 215. That act provides tax credits to persons that make certain investments in certified capital companies that are certified by Commerce. Legislators and persons interested in the rules testified at the hearing and requested that Commerce adopt an emergency rule that would (1) allow persons to apply for certification to become certified as capital companies, (2) allow persons to apply to make a certified capital investment in a certified capital company, and (3) set forth the operational and reporting requirements of certified capital companies required under the law. Since then, articles in the newspaper as well as business journals have pointed out the lack of venture capital in the state hinders high-tech growth and making that capital available will benefit Wisconsin as it has done in other states. This emergency rule is necessary to begin implementation of the law and to place Wisconsin in a better position to make capital available to draw high-tech industries, create new businesses, and expand existing businesses that will ultimately create new jobs and benefit all its citizens.
Contact Person
Philip Edw. Albert, Deputy Secretary, 608-267-0770
Fiscal Estimate
The 1997 Wis. Act 215, authorizes the creation of a certified capital company program and provides tax credits to persons who make certain types of investments in certified capital companies (CAPCOs). The act authorizes the Department of Commerce (Commerce) to administer the program and creates a program revenue appropriation in which fees and other monies collected for administering the program are deposited. As required by the law and rules Commerce will: (1) certify capital companies; (2), certify qualified businesses; (3) review annual reports and financial statements; (4) make written determinations regarding certified capital company distributions; 95) conduct annual compliance reviews of certified capital companies; and (6) determine and issue written notices of investment pool disqualification's.
Based on limited data, Commerce estimates it will certify approximately 16 CAPCO's and the program will generate approximately $120,000 in program revenue from; (1) a $7,500 application fee from a capital certified company seeking certification and (2) an annual $5,000 certification fee.
Commerce estimates 2.0 PR positions at an annual cost of$100,700 are required to administer the program. The costs are broken down as follows:
1.0 Financial Examiner   $45,000
  (Salary and Fringe Benefits)
1.0 Financial Specialist   $33,000
  (Salary and Fringe Benefits)
Supplies and Services   $ 1,800
Rent   $ 4,200
Department Overhead Charges   $ 16,200
Total   $100,700
No costs are anticipated by this program on local government.
Notice of Hearing
Dentistry Examining Board
Notice is hereby given that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 447.02 (2) (d), Stats., as created by 1997 Wis. Act 96, and interpreting s. 447.06 (2) (e) 1. and 3., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. DE 3.04, relating to the oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a licensed dental hygienist.
Hearing Information
September 1, 1999   Room 179A
Wednesday   1400 East Washington Ave.
9:30 a.m.   MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 15, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (d)
Statute interpreted: s. 447.06 (2) (e) 1. and 3.
This proposed rule-making order of the Dentistry Examining Board adopts rules mandated under 1997 Wis. Act 96, respecting the oral systemic premedications and subgingival chemotherapeutic agents that may be administered by a dental hygienist upon the delegation of a dentist. Under the Act, the scope of practice of a dental hygienist is expanded to permit the administration of oral systemic premedications and subgingival chemotherapeutic agents, pursuant to a treatment plan approved by a dentist who is present in the dental facility when the medications are provided and who is available throughout the completion of the patient's appointment. The proposed rules permit a dentist to determine, in his or her professional judgment, the specific medications that may be administered to a patient by a dental hygienist.
Text of Rule
SECTION 1. DE 3.04 is created to read:
DE 3.04 Oral systemic premedications and subgingival sustained release chemotherapeutic agents. (1) “Oral systemic premedications" means antibiotics that are administered to patients prior to providing dental or dental hygiene services in order to mitigate against the risk of patients developing a bacterial infection. A dentist may delegate to a dental hygienist the administration of any oral systemic prophylactic antibiotic premedications.
(2) “Subgingival sustained release chemotherapeutic agents" means medications that are applied under the gum tissue in periodontal pockets to treat periodontal, or gum, disease.
(3) A dentist may delegate to a dental hygienist the administration of oral systemic premedications and subgingival sustained release chemotherapeutic agents to patients only if all of the following conditions are met:
(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.
(b) The dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.
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.
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