1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Chiropractic Examining Board
Notice is hereby given that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Chir
4.07, relating to practice while suspended.
Hearing Information
November 18, 1999 Room 179A
Thursday 1400 East Washington Ave.
at 9:45 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 December 2, 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) and 227.11 (2)
Statute interpreted: s. 446.01 (2)
In this proposed rule-making order, the Chiropractic Examining Board creates a section under ch. Chir 4 relating to the duties a chiropractor whose license has been suspended may not perform during the period of suspension. This proposed rule would require that during the period of suspension the chiropractor may not perform any of the functions in s. Chir 4.03, have any professional contact with patients, and be present in any chiropractic office, other than to receive care. The chiropractor can have no contact with patients that would affect the health, welfare and safety of patients.
Text of Rule
SECTION 1. Chir 4.07 is created to read:
Chir 4.07 Suspension. During a period in which a licensee is suspended under s. 446.03, Stats., unless the board specifies otherwise in its final order or a subsequent order, the licensee shall not:
(1) Perform any of the functions in s. Chir 4.03.
(2) Have any professional contact with patients.
(3) Be present in any chiropractic office, other than to receive care.
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.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: The fiscal impact to implement this rule may include special board meetings and include additional administrative costs for telephone, board member per diem and travel expenses. The estimate is $500 annually. The agency will be able to absorb these costs within the current budget authority.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
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 Hearing
Commerce
(Fee Schedule, Ch. Comm 2)
(Petition for Variance, Ch. Comm3)
(Uniform Dwelling, Chs. Comm 20-25)
(Building & Heating, etc.,
Chs. Comm 50-64)
(Multifamily Dwelling, Ch. Comm 66)
(Historic Buildings, Ch. Comm 70)
(Existing Buildings, Ch. Comm 75)
(Swimming Pools, Ch. Comm 90)
Notice is hereby given that pursuant to ss. 101.02 (1) and (15), 101.63 (1), and 101.973 (1), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to One- and Two-Family Dwellings, Commercial Buildings, and Multifamily Dwellings.
Hearing Information
November 19, 1999 Third Floor
Friday Conference Room 3B
Commencing at 10:00 a.m. 201 W. Washington Ave.
Madison, WI
Interested persons are invited to appear at the hearing 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 December 3, 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.
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 of Proposed Rules
Statutory Authority: ss. 101.02 (1) and (15), 101.121 (3), 101.63 (1), and 101.973 (1)
Statutes Interpreted: ss. 101.02 (5) and (15), 101.05, 101.12, 101.121, 101.63 (9), 101.64 (4) and (6), 101.973 (1) and (7), and 101.974 (3) and (4)
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating construction requirements for commercial buildings and structures, historic buildings, one- and two-family dwellings, and multifamily dwellings. These requirements are currently contained in chapters Comm 50 to 64, Comm 70, Comm 20 to 25, and Comm 66, respectively.
The proposed revisions are primarily intended to update the administration and enforcement elements of the commercial building code and the multifamily dwelling code to make them consistent with current policies and practices, and to increase the opportunities under those two codes for building designers to receive plan approvals and inspections from local governments rather than from the Department. Minor changes are also included to update the material approval process for those two codes and for the one- and two-family dwelling code.
The revisions would also repeal the life-safety requirements for public schools constructed before 1950, and clarify some problematic, minor technical provisions.
The following list is a detailed summary of the major revisions included in this proposal. The sequence of the list generally corresponds to the numerical sequence of the affected existing code sections, and the existing or proposed code sections are noted.
1. Fees are established for the Division's role in administering plan review by second class cities and appointed agents. [Comm 2.31 (1) (e) and (f)]
2. Fees are established for notifying the Department of election to use a registered individual for design and supervision for certain types of small buildings in lieu of Departmental plan approval. [Comm 2.31 (1) (g)]
3. Fees are established for approvals of alternate and experimental materials, and approvals of alternate standards. [Comm 2.51]
4. On option is established that allows including more than one building in a petition for variance. [Comm 2.52 (3) (b) and (d)]
5. The petition for variance procedures are revised to remove the reference to specific staff, except for the Division Administrator and Department Secretary, from the formal review process. [Comm 3.02 (3) and (6); Comm 3.03 (3) (a), (c), (d), and (e) (intro.), 1., and 3.; (4); (6) (a); and (7); Comm 3.04 (1) (intro.), (a) 1. and 3., (b), and (c); (3) (d); (4); (5) (a) to (c), and (d) (intro.) and 1.; (6); and (8); Comm 3.05 (2) (a) and (b) and (3) (a) to (f); and Comm 3.06 (2) (a)]
6. The process for appealing a decision on a petition for variance is changed to clarify the appropriate functions performed at the division and department levels. [Comm 3.06 (2) to (10)]
7. The process for issuing building material approvals is changed to address approval of products that comply with the intent but not the text of the code, and to authorize experimental approvals of unproven products for the purpose of determining compliance with the code. The process change also includes repealing a requirement to obtain Departmental approval for light-transmitting plastics and direct-vent sealed-combustion-chamber appliances, and repealing an optional procedure for independent testing laboratories to obtain Departmental recognition. This process change is proposed for all three of the major building codes - the commercial building code, the multifamily dwelling code, and the one- and two-family dwelling code. [Comm 20 Subchapter VI, 50.19, and 66.25]
8. A process is codified in all three of the Department's major building codes for allowing use of a standard specification that is equivalent to or more stringent than a standard which is incorporated by reference in the code. [Comm 20.24 (3) and 51.25 (3)]
9. Language is created that requires compliance with the code in effect at the time of construction in the event a commercial building is converted from being exempt from the code to being not exempt. [Comm 50.03 (5)]
10. A process is codified for local officials to use in allowing temporary use of commercial buildings. [Comm 50.03 (6)]
11. The current language exempting farm buildings from the commercial building code is clarified. [Comm 50.04 (2)]
12. Buildings leased exclusively to the federal government are exempted from the commercial building code. Buildings leased in part to the federal government are exempted only if the lease provides for long-term federal control of the design and operating decisions. Owners of buildings exempted under this criteria are required to record notification of the exemption and notification of the applicability of the commercial building code in the event other use ensues. [Comm 50.04 (6)]
13. The list of buildings exempt from the commercial building code is expanded to include (A) a one- or two-family dwelling used as a foster home, treatment foster home, or group home, or as a child caring institution having a capacity for 8 or fewer children; (B) a one- or two-family dwelling in which a public or private day care center for 8 or fewer children is located; (C) a one-classroom school building operated by and for members of a bona fide religious denomination that has teachings and beliefs prohibiting use of products, devices, or designs which are needed to comply with the code; and (D) any building or portion of a building that is exempted from the code by federal or state law. [Comm 50.04 (11), (12), (14), and (15)]
