No comments were reported.
2.
Chiropractic Examining Board
(CR 99-40)
S. Chir 3.08 - The use of limited liability entities in chiropractic practice.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
Chs. Comm 41-42 - Boilers and Pressure Vessels.
Summary of Final Regulatory Flexibility Analysis:
Sections 101.02 (15)(h) to (j) and 101.17, Stats., authorize the Department to promulgate rules prescribing minimum installation and operation standards for boilers and pressure vessels in public buildings and at places of employment. The proposed rules of Clearinghouse Rule No. 99-064 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor and Employment and the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
Ch. Comm 83 - Private Sewage Systems.
Summary of Final Regulatory Flexibility Analysis:
The rules re-establish local authority on the abandonment of private sewage systems when public sewer becomes available. This change does not have a direct impact on small businesses.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Business, Economic Development and Urban Affairs. No comments were received.
Ch. HFS 52 - Residential care centers for children and youth, formerly called child care institutions.
Summary of Final Regulatory Flexibility Analysis:
These revised rules apply to 38 privately owned residential child care institutions in Wisconsin, a few of which are small businesses as defined in s. 227.114(l)(a), Stats.
The rules have not been generally updated since 1971. They are revised by this order to bring them into compliance with current drafting standards, statutes and rules, to add new provisions to protect the health, safety and welfare of residents and to permit centers to operate short-term programs (up to 90 days) and respite care programs (up to 9 days) and programs for type 2 status juveniles.
There are new requirements relating to notification of parents and the Department; staff training; preadmission screening; initial assessment of a new resident within 30 days of admission; development of a treatment plan for each new resident; a center program statement; conditions for use of behavior management and control techniques; use of locked living units only with approval of the Department, and for purposes and under conditions specified in the rules; resident rights; transportation of residents; medication administration; fire safety; and conducting criminal records checks on prospective new employes.
No adjustments were made in the rules for the specific purpose of reducing the impact of new provisions on small businesses. This is because the rules are minimum requirements to protect the health, safety and welfare of center residents. Center residents are children, youth and young adults who have an emotional disturbance, difficulty in acquiring life skills or a developmental disability, or have been abusing alcohol or involved with drugs. It is also because many of the new requirements are widely recognized in the industry as representing good management practice or, in the case of enforcement provisions, the statutes have changed or the Department has gained experience with the enforcement provisions in the group day care center rules revised in 1997.
Only one center organized as a small business testified during the first (1995) public review of the proposed rules. The director of that center expressed concerns about the amount of paperwork required by the rules and the increased cost of compliance. In response, the Department pointed out that the rules have not been significantly updated in 25 years, that DILHR and DHFS do not duplicate building inspections and that the increase in the license fee was done by statute, not by rule.
Summary of Comments of Legislative Standing Committees:
No comments were received.
Ch. HFS 119 - The operation of the health insurance risk-sharing plan (HIRSP).
Summary of Final Regulatory Flexibility Analysis:
The rule changes will not affect small businesses as “small business” is defined ins. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance the Health Insurance Risk—Sharing Plan (HIRSP), no assessed insurer is a small business as defined ins. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is determined.
Summary of Comments:
No comments were reported.
Chs. Ins 3, 6, 9 & s. 51.80 - Revising requirements for managed care plans and limited service health organization plans to comply with recent changes in state law.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 20 — Marking and tagging of set or bank poles in inland waters.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On December 17, 1999, the Assembly Committee on Natural Resources extended their review period. No comments were received during the review period.
S. NR 20.09 - Bow fishing hours on inland lakes during the rough fish spearing season.
Summary of Final Regulatory Flexibility Analysis:
The rule will not directly affect small business; therefore, no final regulatory flexibility analysis is required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On October 13, 1999, the Assembly Committee on Natural Resources extended their review period for 30 days. The Department was not contacted during this period for any additional information.
10. Social Workers, Marriage & Family Therapists & Professional Counselors Examining Board
(CR 99-2)
Ch. SFC 3 - Criteria for approval of “another human service program approved by the section” for eligibility for a social worker training certificate and supervision of training certificate holders.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
Ch. Trans 252 - Escort vehicles.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule amendment will benefit small businesses involved in oversize/overweight load transport. The amendment reflects changes in vehicle manufacturing and industry practices, and thus should reduce business costs in complying with escort vehicle requirements. Escort vehicle requirements are necessary to adequately protect safety of the traveling public which may encounter an oversize/overweight load in transit.
Summary of Comments:
No comments were reported.
Sections Affected by Revisor's Corrections Not Published
Revisor's corrections under s. 13.93 (2m) (b), Stats., identified in this Wis. Adm. Register.
Sections affected by Revisor's corrections not published.
Subscriber's note: Please make corrections (manually) in your printed code. The affected sections are shown as corrected on the Internet site.
Corrections: NR 108.04(3)(b) The cross-reference to “ch. 144” is invalid. The correct cross-reference is “ch. 281”.
NR 110.01 Note The cross-reference to “ch. 144” is invalid. The correct cross-reference is “ch. 281”.
NR 110.01 Note The cross-reference to “s. 144.99” is invalid. The correct cross-reference is “s. 299.97”.
NR 114.14 (1) (h) The cross-reference to “ch. 144 or 147” is invalid. The correct cross-reference is “ch. 281 or
283”.
NR 131.06 (4) (e) The cross-reference to “s. 144.83 (2) (c) 8” is invalid. The correct cross-reference is “s. 293.13
(2) (c) 8”.
NR 131.06 (4) (e) The cross-reference “ss. 144.44 (4) (a) and 144.92 (2)” is invalid. The correct cross-reference
is “ss. 289.31 (1) and 293.91 (2)”.
NR 131.06 (4) (e) The cross-reference “chs. 30, 144 and 147” is invalid. The correct cross-reference is “chs. 30,
281 and 283”.
NR 162.22 (2) The cross-reference “
ch. 144” is invalid. The correct cross-reference is “s. 281.98”.
NR 186.09 (4) (d) The cross-reference “ch. 144” is incorrect. The correct cross-reference is “chs. 287 and 289.”
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