Skip navigation Wisconsin State Legislature
Up
Cover_w_new_logo_A14
Wisconsin
Administrative
Register
No. 532
Publication Date: April 14, 2000
Effective Date: April 15, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
toc
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 12.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Crime Victims Rights Board:
Rules relating to review of allegations of crime victims rights violations.
Employe Trust Funds:
Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Financial Institutions--Securities:
Rules relating to investment advisor competency examination grandfathering provisions.
Gaming Division:
Rules relating to the conduct of pari-mutuel snowmobile racing.
Rules relating to snowmobile racing.
See Revenue.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to caregiver background checks.
Rules relating to family care.
Health & Family Services:
Community Services, Chs. HFS 30-
Rules relating to the adoption assistance program.
Health & Family Services:
Medical Assistance, Chs. HFS 100-108
Rules relating to discovery rights in contested case proceedings.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to river protection grants.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Instruction:
Rules relating to the Milwaukee parental school choice program.
Rules relating to alternative education grants.
Rules relating to supplemental aid for school districts with a large area.
Rules relating to state aid for achievement guarantied contracts and aid for debt service.
Rules relating to library system aid payment adjustments.
Rules relating to grants for alcohol and other drug abuse (AODA) programs.
Revenue:
Rules relating to assessment of agricultural property.
Rules relating to retailer performance program of the Wisconsin Lottery.
Technical College System:
Rules relating to grants for students.
Transportation:
Rules relating to evaluating bids solicited for transit service in a competitive process.
Rule adopted creating s. Trans 4.09 (4), relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance Program. [FIRST APPEARANCE]
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290-294
Rule relating to the annual adjustment of the prevailing wage rate for public works projects.
Scope Statements.
Pages 13 to 15.
Insurance:
Ch. Ins 17 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2000.
Natural Resources:
NR Code - Relating to the Municipal Flood Control and Riparian Restoration Program.
Natural Resources:
Ch. NR 7 - Relating to the recreational boating facilities program and legislative changes impacting the program.
Natural Resources:
Chs. NR 600 to 685 - Relating to management of certain hazardous wastes through development of revisions in order to maintain federal program authorization and keep up with federal rules.
Public Service Commission:
Ch. PSC 185 - Relating to standards for water public utility service, concerning consumer protection for water customers.
Transportation:
Ch. Trans 142 - Relating to trade practices, facilities, and record requirements fo licensed Wisconsin recreational vehicle dealers.
Veterinary Examining Board:
VE Code - Relating to the computerized national examination.
Workforce Development:
Ch. DWD 13 - Relating to public assistance overpayment collections.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 16 to 18.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 75 - Relating to retail food establishments.
Arts Board:
S. AB 2.09 (5) - Relating to the distribution of arts challenge initiative incentive grant funds.
Employe Trust Funds:
S. ETF 10.62 (2) - Relating to the electronic reporting for the Wisconsin Retirement System (WRS).
Health & Family Services:
Ch. HFS 196 - Relating to restaurants.
Insurance:
Ch. Ins 17 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2000.
Public Service Commission:
Ch. PSC 117 - Relating to establishing requirements for the use of renewable resource credits, which may be sold by electric providers that produce more renewable energy than the minimum percentages specified by s. 196.378 (2), Stats.
Transportation:
Ch. Trans 131 - Relating to emission tests.
Transportation:
Chs. Trans 325, 326 & 328 - Relating to motor carrier safety regulations.
Workforce Development:
Ch. DWD 16 - Relating to emergency assistance for families facing impending homelessness.
Workforce Development:
Chs. HSS 245 & DWD 18 - Relating to public assistance record retention.
Notices of Hearings or of Proposed Rules.
Pages 19 to 34.
Agriculture, Trade & Consumer Protection:
Hearing to consider revision to ch. ATCP 35, relating to the agricultural chemical cleanup program. [Hearing date: 4/11/00]
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 75, relating to retail food establishments. [Hearing dates: 4/25/00, 4/27/00, 4/28/00, 5/2/00 and 05/05/00]
Arts Board:
Hearing to consider amendment of s. AB 2.09 (5), relating to the distribution of arts challenge initiative grant funds. [Hearing date: 4/26/00]
Employe Trust Funds:
Hearing to consider revision to s. ETF 10.60, relating to electronic reporting for the retirement system. [Hearing date: 5/1/00]
Health & Family Services:
Management &Technology, etc., Chs. HFS 1-
Community Services, Chs. HFS 30-
Medical Assistance, Chs. HFS 100-
Health, Chs. HFS 110-
Hearings to consider revision to several rules, relating to Family Care Benefit for long-term care. [4/25/00, 4/27/00, 5/2/00, 5/4/00 & 5/8/00
Health & Family Services:
Community Services, Chs. HFS 30-
Health, Chs. HFS 110-
Proposed revision to several rules, relating to non-expiring licenses for CBRFs, hospices, nursing homes, home health agencies, facilities for the developmentally disabled, rural medical centers and adult family homes and hospitals.
Health & Family Services:
Community Services, Chs. HFS 30-
Hearings to consider revision to ch. HFS 56, relating to foster care licensure. [Hearing dates: 5/8/00, 5/9/00, 5/10/00, 5/23/00, 5/24/00]
Insurance:
Hearing to consider revision to ch. Ins 17, relating to annual patients compensation and mediation fund fees. [5/5/00]
Pharmacy Examining Board:
Hearing to consider amendment of s. Phar 7.01 (1)(e), relating to delivery of prescriptions. [Hearing date: 5/10/00]
Transportation:
Proposed revision of s. Trans 131.03, relating to emission tests.
Wisconsin Technical College System:
Hearing to consider ch. TCS 16, relating to technical and occupational program grants to students. [5/1/00]
Workforce Development:
Economic Support, Chs. DWD 11-59
Hearing to consider ch. DWD 16, relating to emergency assistance for families facing impeding homelessness. [4/28/00]
Hearing to consider ch. DWD 18, relating to public assistance record retention. [4/28/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 35.
Corrections:
(CR 97-158) - Chs. DOC 371, 373 to 376, 379 to 381, 383, 392 to 394, and 396 to 399
Dentistry Examining Board:
(CR 99-99) - S. DE 3.04
Tourism:
(CR 00-37) - S. Tour 1.03 (3)(a)
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 36.
Administration:
(CR 99-154) - Ch. Adm 47
Health & Family Services:
(CR 99-55) - Ch. HFS 181
Natural Resources:
(CR 99-43) - Chs. NR 10 & 19
Natural Resources:
(CR 99-95) - S. NR 812.05
Public Instruction:
(CR 98-139) - Ch. PI 11
Public Instruction:
(CR 99-73) - Ch. PI 19
Public Instruction:
(CR 99-103) - Ch. PI 17
Public Instruction:
(CR 99-118) - S. PI 11.24
Public Instruction:
(CR 99-129) - Ch. PI 6
Public Instruction:
(CR 99-130) - Ch. PI 37
Transportation:
(CR 99-152) - Ch. Trans 320
emerg532
E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT (2)
Commerce
(PECFA - Chs. Comm 46-47)
1.   Rules adopted creating ch. Comm 46, relating to “Petroleum Environmental Cleanup Fund Interagency Responsibilities,” and relating to site contaminated with petroleum products from petroleum storage tanks.
Exemption From Finding of Emergency
On September 22, 1999, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26 (2) (b), Stats., that directs the Departments Commerce and Natural Resources to promulgate as an emergency rule, no later than October 22, 1999, the policies and interpretations under which they intend to administer and implement the shared elements of the petroleum environmental cleanup fund program.
In administering the fund, the Departments had previously relied upon a Memorandum of Understanding for classifying contaminated sites and addressing other statements of policy that affect the two Departments. The rule that is being promulgated details the policies and interpretations under which the agencies intend to administer and guide the remedial decision making for sites with petroleum product contamination from petroleum product storage tank systems.
The rule defines “high priority site,” “medium priority site, ” and “low priority site,” and provides that the Department of Natural Resources has authority for high priority sites and that the Department of Commerce has authority for low and medium priority sites. The rule requires transfer of authority for sites with petroleum contamination in the groundwater below the enforcement standard in ch. NR 140 from the Department of Natural Resources to the Department of Commerce. The rule also establishes procedures for transferring sites from one agency to the other when information relevant to the site classification becomes available.
Publication Date:   October 20, 1999
Effective Date:   October 20, 1999
Expiration Date:   March 18, 2000
Hearing Date:   November 18, 1999
Extension Through:   May 16, 2000
2. Rules adopted amending s. Comm 47.53, relating to appeals of decisions issued under the Petroleum Environmental Cleanup Act (PECFA) program.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The department is receiving funds from a bonding initiative to enable it to issue approximately 3,500 decisions on applications for PECFA funding which had been awaiting the availability of funding. Because these decisions will be issued over a very short time frame, parties receiving decisions and law firms representing them, will be required to review and analyze a large volume of decisions to determine whether they wish to appeal specific departmental decisions. Given the large number of decisions and the normal rate of appeals, it is reasonable to expect that the public will be required to prepare and file a large volume of appeals within a short time period. Attorneys, lenders and consultants representing multiple claimants have expressed concern about the workload associated with having to review decisions and draft appeals on the higher volume of decisions issued by the department within the current 30 day window. The emergency rule temporarily expands the filing period from 30 days to 90 days to provide additional time to evaluate decisions and determine whether an appeal should be filed. The rule covers the time period when the highest volume of decisions are to be issued.
Publication Date:   February 15, 2000
Effective Date:   February 15, 2000
Expiration Date:   July 14, 2000
Hearing Date:   March, 27, 2000
EMERGENCY RULES NOW IN EFFECT
Crime Victims Rights Board
Rules adopted creating ch. CVRB 1, relating to the rights of crime victims.
Finding of Emergency
The Crime Victims Rights Board finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The Crime Victims Rights Board was created by 1997 Wis. Act 181, effective December 1, 1998, to enforce victims' rights established by Wis. Const. Art. I, s. 9m, adopted in 1993. The Wisconsin Constitution states that the Legislature shall provide remedies for the violation of victims' constitutional rights. The Board's process represents the only means of enforcing the remedies available to victims of crime who are not provided with the rights guaranteed to them by the Wisconsin Constitution and the Wisconsin statutes. The Board can issue reprimands to correct violations of victims' rights, seek forfeitures in egregious cases, and seek equitable relief to enforce victims' rights. The Board can also work to prevent future violations of victims' rights by issuing reports and recommendations on crime victims' rights and services.
Complaints must be presented to the Department of Justice before they can be presented to the Board. The Department estimates that it receives 200 complaints annually involving the treatment of crime victims. The Department has no authority to enforce victims' rights; the Department can only seek to mediate disputes. Of those complaints, approximately 25 per year cannot be resolved to the parties' satisfaction, and are therefore ripe for the Board's consideration. There are presently 5 complaints that could be referred to the Board if the Board were able to receive and act on complaints.
Until the Board establishes its complaint process by administrative rule, it is unable to provide the remedies constitutionally guaranteed to crime victims.
Publication Date:   September 17, 1999
Effective Date:   September 17, 1999
Expiration Date:   February 14, 1999
Hearing Date:   November 9, 1999
Down
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.