Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that the adoption of the rules is necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
These rules are for the one-time distribution of 3 closed nursing home beds to a nursing home or nursing homes that serve only veterans. Following distribution of the 3 beds, the rules will be allowed to lapse.
Section 150.31, Stats., establishes a statewide bed limit for nursing homes as one means of controlling nursing home costs and Medical Assistance program expenditures. Within that bed limit a facility may close or its bed capacity may be reduced, in which case beds are freed up and may be redistributed by the Department under s. HSS 122.05(1)(c).
The Wisconsin Veterans Home at King has 4 separately licensed nursing home buildings on its grounds, and a total licensed capacity of 718 beds. It is operating at 99.9 percent of capacity with a long waiting list for admission. Managers of the Wisconsin Veterans Home have decided to close their underutilized 3 bed hospital operation at King. The 3 hospital beds are currently located in Stordock Hall. The 3 nursing home beds will replace the hospital beds. Because of the burgeoning population of older veterans, whose active service was during World War II, the Korean War, and the Vietnam War, and the immediate pressure on admissions to the facility, and the desirability of having flexibility when moving residents, Wisconsin Veterans Home managers have asked that the space previously used for hospital beds be converted to nursing home space and that 3 closed nursing home beds be transferred to the Veterans Home. These beds could be put on line immediately and provide some relief to those awaiting admission.
This rulemaking order establishes a process for considering applications for 3 closed nursing home beds to be made available to a nursing home or nursing homes that serve only veterans, that ask for no more than 3 beds and that do not require space to be added to the building in which the beds will be located to accommodate those beds.
Publication Date:
August 3, 1999
Effective Date:
August 3, 1999
Expiration Date:
December 31, 1999
EMERGENCY RULES NOW IN EFFECT
Higher Educational Aids Board
Rules adopted amending s. HEA 11.03 (3) and creating s. HEA 11.03 (5), relating to the Minority Teacher Loan Program.
Finding of Emergency
The 1989 Wis. Act 31 created s. 39.40, Stats., which provides for loans to minority students enrolled in programs of study leading to licensure as a teacher. The Wisconsin Higher Educational Aids Board (HEAB) administers this loan program under s. 39.40 and under ch. HEA 11. Current rules require that a student be enrolled full time and show financial need to be considered for participation in the Minority Teacher Loan Program. Students who did not enroll full time and did not show financial need were allowed to participate in the program in the past when part of the program was administered by another administrative body. These students are enrolled in teacher education programs that train teachers specifically for the school districts named in the statutes that outline the intent of the Minority Teacher Loan Program. Unless the Board changes its rules, many participating students will lose their eligibility in the program. This will cause a hardship to those students who relied on the interpretation of the prior system administration. Revising the rules would allow students who participated in the program in the past to continue to participate. The proposed revision will not affect expenditures of State funds for the Minority Teacher Loan Program.
Publication Date:
August 6, 1999
Effective Date:
August 6, 1999
Expiration Date:
January 3, 2000
Hearing Date:
October 28, 1999
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Rules adopted revising ch. NR 10, relating to the 1999 migratory game bird season.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulation in the establishment of migratory bird hunting seasons and conditions. General regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations into conformity with federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
September 10, 1999
Effective Date:
September 10, 1999
Expiration Date:
February 7, 2000
Hearing Date:
October 14, 1999
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
1. Rules adopted creating ch. NR 303, relating to department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
Statements of Scope of Proposed Rules
Financial Institutions--Credit Unions
Subject:
Ch. DFI-CU 52 - Relating to credit union examinations.
Description of policy issues:
Description of the objective of the rule:
The objective is to repeal ch. DFI-CU 52.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Ch. DFI-CU 52 outlined procedures for conducting credit union examinations, collecting examination fees, special examinations and issues regarding credit union books and records.
As ch. 186, Stats., has been updated and amended throughout the years, certain provisions of the existing Administrative Code have been incorporated into ch. 186, Stats. The provisions of existing ch. DFI-CU 52 are incorporated into s. 186.235 (14), (16), (17) and (18), Stats.
Section DFI-CU 52.03 (2) references s. 186.26, Stats., which has been repealed. This section of the rule is no longer applicable.
Statutory authority for the rule:
SS. 186.235 (8) and 227.11 (2), Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees — 40 hours. Review/approval by the Credit Union Review Board - 5 hours.
Financial Institutions--Credit Unions
Subject:
Ch. DFI-CU 64 - Relating to public inspection and copying of records of the Office of Credit Unions.
Description of policy issues:
Description of the objective of the rule:
The objective is to repeal ch. DFI-CU 64.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Ch. DFI-CU 64 outlined the procedures for the public inspection and copying of “public records” of the Office of Credit Unions.
1995 Wis. Act 27 created the Department of Financial Institutions (DFI) on July 1, 1996 and the Office of Credit Unions was attached for administrative efficiency. The General Counsel of the Office of the Secretary serves as the custodian for the public records of the Department of Financial Institutions and the Office of Credit Unions.
The disclosure of confidential information and records referred to in s. DFI-CU 64.02 is addressed in s. 186.235 (7), Stats.
Chapter 19, Stats., Subchapter II Public Records and Property, outlines procedures and requirements for accessing public records. An Open Records Notice posted in areas accessible by the public provides guidance for accessing the records of the Department of Financial Institutions and the Office of Credit Unions.
Statutory authority for the rule:
SS. 186.235 (8) and 227.11 (2), Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees — 40 hours. Review/approval by the Credit Union Review Board - 5 hours.
