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:
In Wisconsin, contested case proceedings for which state agencies must hold administrative hearings are by statute divided into three categories. Class 1 cases involve situations in which the agency has substantial discretionary authority (such as rate setting or the grant or denial of a license) but no imposition of a sanction or penalty is involved; Class 2 contested cases involve the imposition of a sanction or penalty; and Class 3 cases are those not included in Class 1 or Class 2. Under s. 227.45(7), Stats., in a Class 2 proceeding the parties have an automatic right to take and preserve evidence prior to the hearing by using discovery procedures such as depositions and interrogatories, but in a Class 1 or Class 3 proceeding the parties generally do not have the right to use discovery unless rules of the agency specifically provide for that right.
The Department of Health and Family Services does not have rules providing for discovery in a Class 1 or Class 3 contested case. Accordingly, discovery has not been available for Class 1 or Class 3 cases except with respect to certain witnesses identified in s. 227.45 (7), Stats. The Department of Administration's Division of Hearings and Appeals handles cases delegated from this Department. Recently, a hearing examiner in the Division of Hearings and Appeals issued an order in a Class 3 case which held that, because the Division of Hearings and Appeals has its own rules allowing discovery in all cases, those rules override the absence of any mention of discovery in the Department of Health and Family Services' rules concerning hearing rights and procedures.
This Department believes that an emergency exists. If other hearing examiners issue similar rulings, the Department of Health and Family Services would be subject to discovery in all cases. This means that in the absence of Department rules that provide otherwise, the process of litigation for Class 1 and Class 3 cases would be significantly prolonged for all parties and the additional administrative costs to the Department associated with that process (including the need to hire additional program staff, attorneys, and support staff to handle the depositions, interrogatories, and other discovery procedures) would be considerable.
There is a particularly high volume of Class 1 and Class 3 cases involving Medical Assistance program providers. Accordingly, these rules are issued to make clear that discovery remains unavailable in Class 1 and Class 3 Medical Assistance contested case proceedings involving providers.
Publication Date:
December 23, 1999
Effective Date:
December 23, 1999*
Expiration Date:
May 21, 2000
Hearing Date:
March 8, 2000
*On January 20, 2000, the Joint Committee for Review for Administrative Rules suspended these emergency rules under s. 227.19 (4) (d)1., Stats.
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Environmental Protection - General,
Chs. NR 100-)
Rules adopted creating ch. NR 195, relating to establishing river protection grants.
Finding of Emergency
The department of natural resources finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety or welfare. The facts constituting the emergency are:
These grants are funded from a $300,000 annual appropriation that lapses into other programs at the end of each fiscal year. Due to delays in approving the biennial budget, there is not enough time remaining in the current fiscal year to develop a permanent rule, following standard procedures, to allow grants to be awarded with the current fiscal year appropriation. Potential river protection grant sponsors have been anticipating these grants and are ready to apply and make use of these funds. An emergency order will prevent the loss of $300,000 for protecting rivers that the legislature clearly intended to make available to these organizations. Initiating this much-anticipated program through emergency order, while permanent rules are being developed, is a positive step toward successful implementation.
Publication Date:
February 17, 2000
Effective Date:
February 17, 2000
Expiration Date:
July 16, 2000
Hearing Dates:
March 16, 17, 21 & 22, 2000
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Rules adopted creating ch. NR 746, relating to sites contaminated with petroleum products from petroleum storage tanks.
Finding of Emergency
The Wisconsin Natural Resources Board 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 contributing to the emergency is:
The Department of Commerce has adopted administrative rules under ss. 101.143 and 101.144, Stats., to implement the Petroleum Environmental Cleanup Fund Act (PECFA). The purpose of PECFA is to reimburse responsible persons for the eligible costs incurred to investigate and remediate petroleum product discharges from a petroleum product storage system or home oil tank system. The recent emergency rule, ch. Comm 46, was adopted by both the Department of Natural Resources and the Department of Commerce in January 1999, incorporating parts of a Memorandum of Understanding between the two agencies that relates to the classification of contaminated sites and creating risk screening criteria for assessing petroleum-contaminated sites. However, ch. Comm 46 expired on September 27, 1999, prior to publication of the permanent rule. The emergency rule, ch. NR 746, is being proposed in order to ensure rules continue in effect during the time period between now and when the permanent rule is published. This action is also in response to a resolution adopted by the Joint Committee for Review of Administrative Rules (JCRAR), which directed the Department of Commerce and the Department of Natural Resources to promulgate a new emergency rule for this interim time period.
The emergency rule was approved and adopted by the State of Wisconsin Natural Resources Board on September 29, 1999.
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
EMERGENCY RULES NOW IN EFFECT (6)
Public Instruction
1. Rules adopted revising ch. PI 35, relating to the Milwaukee parental school choice program.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public health, safety or welfare. A statement of the facts constituting the emergency is:
Emergency rules are necessary to clarify the eligibility criteria and requirements for parents and participating private schools in time for schools to properly establish procedures for the 2000-2001 school year. Furthermore, emergency rules are necessary to allow the private schools to begin planning summer school programs. The department is in the process of developing permanent rules, but such rules will not be in place prior to January 2000.
The requirements established under this rule have been discussed with the private schools and initial indications reflect an acceptance of these provisions.
Publication Date:
January 4, 2000
Effective Date:
January 4, 2000
Expiration Date:
June 2, 2000
Hearing Date:
March 20, 2000
2. Rules adopted creating ch. PI 10, relating to supplemental aid for school districts with a large area.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
1999 Wis. Act 9 appropriated $125,000 to be awarded by the department to eligible school districts in the 1999-2000 school year. Emergency rules are necessary to clarify the eligibility criteria and procedures for school districts to apply for funds under the program.
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Date:
March 15, 2000
3. Rules adopted creating ch. PI 24, relating to state aid for achievement guarantee contracts and aid for debt service.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
State Aid for Achievement Guarantee Contracts:
The department will send SAGE contract information to school districts by mid-February and require proposed contracts to be submitted to the department by April 1, 2000. Emergency rules are necessary to clarify the eligibility criteria and requirements for school districts applying for state aid for achievement guarantee contracts in time for the 2000-2001 school year.
Partial Debt Service Reimbursement:
On or after October 29, 1999, a school board must adopt an initial resolution under s. 67.05 (6a), Stats., for issuance of bonds where the purpose for borrowing includes providing funds for classroom expansion necessary to fulfill a contract under s. 118.43, Stats. Emergency rules are necessary to clarify the criteria and procedures for SAGE school districts to receive partial debt service reimbursement for the 2000-2001 school year.
The proposed rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Date:
March 15, 2000
4. Rules adopted creating ch. PI 44, relating to alternative education grants.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
1999 Wis. Act 9 appropriated $5,000,000 to be awarded by the department to eligible school districts or consortia of school districts in the 2000-2001 school year. Emergency rules are necessary to clarify the eligibility criteria and procedures for school districts or consortia of school districts to apply for funds under the program.
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Dates:
March 9, 14 & 15, 2000
5. Rules adopted creating s. PI 6.07, relating to the public library system aid payment adjustments.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
In accordance with s. 43.24 (1)(b), Stats., the rules adjust public library aid payments to be consistent with system services areas after territorial changes occur. Using the formula created under the rule, an aid adjustment will be paid by the department in April for a territorial change. Emergency rules must be in place before the formula may be used.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
6. Rules adopted revising ch. PI 32, relating to grants for alcohol and other drug abuse programs.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
For the upcoming school year, the department will send grant application materials to school districts in March. Grant applications must be returned to the department in the spring of 2000 and grants will be awarded prior to July 1, 2000. In order for applicants to development proposals and for the state superintendent to review the proposals and make grant awards in time for the 2000-2001 school year, rules must be in place as soon as possible.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
