The board believes that this rule would allow students to obtain valuable experience for how to deal with treating the consumer appropriately and to learn how a practitioner protects the health, safety and welfare of the citizenry.
Fiscal Estimate
This rule changes the practitioner license syllabus for Barbering and Cosmetology. The fiscal impact to implement this rule may include special board meetings and administrative costs. These costs are estimated to be about $300 annually and can be absorbed within the agency's budget.
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 Person
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, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Commerce
(PECFA, Chs. Comm 46-47)
Notice is hereby given that pursuant to ss. 227.11 (2) (a) and 227.24 (4), Stats., interpreting ss. 101.143 and 101.144, Stats., the Department of Commerce announces that it will hold a public hearing on an emergency rule in Ch. Comm 47, relating to the Petroleum Environmental Cleanup Fund.
Hearing Information
March 27, 2000 Third Floor
Monday Conference Room 3B
Commencing at 9:30 a.m. Tommy G. Thompson
Commerce Center
201 W. Washington Ave.
Madison, Wisconsin
Interested persons are invited to appear at the hearing and present comments on the rule. 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 April 10, 2000, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing.
This hearing will be 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) 261-6546 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 emergency rule may be obtained without cost from Diane Ploessl, Department of Commerce, Bureau of PECFA, P.O. Box 7838, Madison, Wisconsin 53707, telephone (608) 261-7726, or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Fiscal Estimate
The Department is promulgating the emergency rule to temporarily expand a filing period from 30 days to 90 days, to provide PECFA claimants additional time to consider whether a funding decision from the Department should be appealed. There are no fiscal impacts to this rule change.
Notice of Hearing
Employe Trust Funds
Notice is hereby given that pursuant to s. 40.03 (1), (6), (7) and (8), Stats., and interpreting s. 40.03 (6) and 40.63, Stats., the Department of Employe Trust Funds will hold a public hearing at the time and place indicated below to consider the amendment of ss. ETF 50.30 (1m) and 50.50 (1) (c) 3., and creation of ss. ETF 50.32 (4) and 50.42 (8m), Wis. Adm. Code, relating to eligible disability applicants.
Hearing Information
April 4, 2000 Room 2A, ETF
Tuesday 801 West Badger Rd.
1:00 p.m. MADISON, WI
Written Comments
The public record on this proposed rule-making will be held open until 4:30 PM on Thursday, April 6, 2000 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Diane M. Bass, Disability Programs Bureau, Division of Insurance Services, Department of Employe Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wis. Dept. of Employe Trust Funds
Under s. 40.63, Stats., to be eligible for a disability benefit from the Wisconsin Retirement System (WRS), an employe, prior to reaching their normal retirement age, must be totally disabled by a mental or physical impairment which is likely to be permanent and meet the requirements listed below:
• The employe must be a participating WRS employe.
• The employe must have a total of at least five years of creditable service or at least one-half year of creditable service in each of five of the years. The seven full calendar years before the received date of the disability application will be used to determine whether the service requirement is met.
• The employe must not be entitled to any further earnings from the employer.
• The employer must certify that the employe ceased employment due to a disability.
• The employe must be totally and permanently disabled as certified by two licensed physicians.
Pursuant to s. 40.63 (2), Stats., a participant shall be considered a participating employe only if no other employment which is substantial gainful activity has intervened since service for the participating employer terminated and if the termination of active service for the participating employer was due to disability. Section 40.63 (11), Stats., defines “substantial gainful activity" as employment for which the annual compensation exceeds a specified dollar amount for a specific period of time. The current rule, s. ETF 50.30 (1m) for disability benefits under s. 40.63, Stats., relies on a monthly test to determine if the employe was gainfully employed since employment terminated with the WRS-covered employer. The amended rule will clarify that the Department will rely on a twelve consecutive month period of time rather than the monthly test to determine whether the employe was gainfully employed.
The Long Term Disability Insurance (LTDI) program provides an alternative to s. 40.63, Stats., disability benefits. Many of the provisions under s. ETF 50.40, Wis. Adm. Code, are very similar to the eligibility provisions for disability benefits under s. 40.63, Stats. The current rule, s. ETF 50.50 (1) (c) 3. for disability benefits under the LTDI program, also relies on a monthly test to determine gainful employment. The rule will be amended to clarify that the Department will rely on a twelve consecutive month period of time rather than the monthly test to determine whether the employe was gainfully employed.
The rule applies to the disability applicant who applies for either a disability benefit under s. 40.63, Stats., or LTDI benefit under s. ETF 50.40, Wis. Adm. Code. The LTDI program will eventually replace the WRS disability program under s. 40.63, Stats.
Under the provisions of s. 40.63, Stats., and LTDI s. ETF 50.40, Wis. Adm. Code, to be eligible to apply for either of these benefits, the applicant must be totally disabled by a mental or physical impairment which is likely to be permanent. In addition to meeting the service requirement, the medical definition, and the employer certifying that the applicant ceased employment due to a disability, the applicant must be a participating WRS employe. An employe who has terminated employment with the WRS-covered employer shall be considered a participating employe only if no other employment which is substantial gainful activity has intervened since service for the participating employer terminated.
The proposed rules define the “termination of employment" for purpose of determining whether a person is a participating employe as used in the eligibility criteria for WRS disability and LTDI benefits. The rules clarify the earned income test used to determine whether a terminated employe had intervening employment since the employe last worked for a covered Wisconsin Retirement System (WRS) employer. With the amended rule the Department will rely on an entire twelve consecutive month period of time rather than the monthly test to determine whether the employe was gainfully employed. This amendment to the current rule is intended to not only look at the “level of earnings" as required under substantial gainful activity, but to also look at the disability applicant's ability to sustain the level of earnings.
Text of Rule
SECTION 1. ETF 50.30 (1m) is amended to read:
ETF 50.30 (1m) For purposes of eligibility under s. 40.63 (2), Stats., employment which is substantial gainful activity has intervened if, during any month twelve (12) consecutive calendar months beginning with the first of the month following the date since service for the participating employer terminated, the participant received aggregate earnings, wages, salary and other earned income exceeding one-twelfth of the
annual dollar amount determined under s. 40.63 (11), Stats., that is in effect at the end of the 12 consecutive calendar month period.
SECTION 2. ETF 50.32. (4) is created to read:
ETF 50.32 (4) “Termination of employment" for the purpose of determining whether a person is a participating employe means the last day rendered services as defined under sub. (2).
SECTION 3. ETF 50.42 (8m) is created to read:
ETF 50.42 (8m) “Termination of employment" for the purpose of determining whether a claimant is a participating employe means the last day rendered services as defined under sub. (4).
SECTION 4. ETF 50.50 (1) (c) 3. is amended to read:
ETF 50.50 (1) (c) 3. Excluding earnings from the claimant's last participating employer, the claimant has not received aggregate earnings, wages, salary and other earned income in any month since twelve (12) consecutive calendar months beginning with the first of the month following the date the claimant last rendered services to the participating employer exceeding one-twelfth of the earnings limit in effect during the period in question the annual dollar amount determined under s. 50.32 (3) that is in effect at the end of the 12 consecutive calendar month period.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Fiscal Estimate
The Department estimates that there will be no direct fiscal impact from this rule-making upon the state and anticipates no effect upon the fiscal liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education school district or sewerage district.
Copies of Rule
Copies of this rule are available without cost by making a request to:
Department of Employe Trust Funds
Office of the Secretary
P.O. Box 7931
Madison, WI 53707-7931
Telephone (608) 266-1071
Contact Information
For questions about this rule-making, please call:
Diane M. Bass
Disability Programs Bureau
Division of Insurance Services
Telephone (608) 266-8083
Notice of Hearing
Financial Institutions
(Division of Banking)
Pursuant to s. 227.17, Stats, notice is hereby given that the Department of Financial Institutions, Division of Banking will hold a public hearing at the time and place indicated below to consider the creation of ch. DFI-Bkg 4, regarding financial subsidiaries.
Hearing Information
March 27, 2000 Tommy G. Thompson
