Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Text Of Rule
SECTION 1. Adm 45 is created to read.
Chapter Adm 45
Low Income Assistance Public Benefits
Adm 45.01 Authority. Sections 16.004(1) and 16.957(2)(c), Stats., authorize the department to promulgate rules for low-income public benefits programs.
Adm 45.02 Purpose. The purpose of this chapter is to establish eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957(2)(a), Stats.
Adm 45.03 Definitions. In this chapter:
(1) “Contractor" means a community action agency described in s. 46.30(2)(a)1., Stats., a nonstock, nonprofit corporation organized under ch. 181, or a local unit of government under contract with the department that provides services under a public benefits program.
(2) “Department" means the department of administration.
(3) “Benefit" means an award of financial or other assistance by the department or through a contractor to an eligible household under a public benefits program.
(4) “Household" has the meaning set forth in s. 16.385(1)(c), Stats.
(5) “Low income public benefits program" means a program established in accordance with s. 16.957(2)(a), Stats.
(6) “Person" has the meaning set forth in s. 990.01(26), Stats.
(7) “Secured child caring institution" has the meaning specified in s. 938.02(15g), Stats.
(8) “Secured correctional facility" has the meaning specified in s. 938.02(15m), Stats.
(9) “State prison" has the meaning specified in s. 302.01, Stats.
Adm 45.04 Eligibility requirements. (1) A person or household eligible to receive low-income assistance from federally funded programs specified in ss. 16.385 and 16.39, Stats., shall be eligible for low-income assistance through a low income public benefits program.
(2) The following are not eligible for low-income assistance under a low-income public benefits program:
(a) A person or household eligible to receive low-income assistance from a municipal utility or retail electric cooperative that elects to operate a commitment to community program as specified in s. 16.957(5)(d) 2.b. or 3.a., Stats.
(b) A person who is imprisoned in a state prison or a person placed at a secure correctional facility or a secured child caring institution.
Adm 45.05 Application requirements. An eligible household may apply for a benefit from a low-income public benefits program by completing an application on forms prescribed by the department. An application shall be submitted to the department or a contractor as directed on the form. All applications must be executed by at least one individual from the eligible household.
Notice of Hearing
(Elevator Code, Ch. Comm 18)
Notice is hereby given that pursuant to ss. 101.02 (1) and (15) and 101.17, Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules relating to chapter Comm 18, relating to the inspection and issuance of permits to operate of elevators and other mechanical lifting devices.
June 27, 2000 Third Floor
Tuesday Conference Room #3C
10:00 a.m. Tommy G. Thompson
201 W. Washington Ave.
Interested persons are invited to appear at the hearings 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 July 11, 2000, 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.
Copies of Rules
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis of Proposed Rules
Statutory Authority: ss. 101.02 (1) and (15), 101.13 and 101.17
Statute Interpreted: s. 101.17
The Department of Commerce is responsible for adopting standards to protect the safety and health of employes and frequenters in places of employment and public buildings who use elevators and other mechanical lifting devices.
The purpose of chapter Comm 18, Elevator Code, is to establish safety requirements for elevators and other mechanical lifting devices installed in or at public buildings and places of employment. Chapter Comm 18 is being revised to address inspection and permit to operate issues. The following changes are being proposed:
Clarify that it is the owner's responsibility to maintain a valid permit to operate for any equipment covered by Comm 18.
Clarify that routine and periodic inspections may be performed by individuals holding a valid credential as a certified elevator inspector as specified in chapter Comm 5, Credential Code or they may be performed by the Department.
Identify timeframes for reporting inspections performed by certified elevator inspectors.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Individuals holding a valid credential as a certified elevator inspector as specified in chapter Comm 5 will be afforded an opportunity to contract directly with owners of equipment covered by this chapter to perform routine or periodic inspections. This code change proposal may encourage people certified as an elevator inspector to form a small inspection business.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Certified elevator inspectors will need to notify the Department within 30 calendar days after elevator inspection service on equipment covered by Comm 18 is started or discontinued. Certified elevator inspectors must use Department forms to verify the existing equipment complies with the safety requirements specified in Comm 18, Elevator Code. After the Department receives compliance verification for the covered equipment, a permit to operate will be issued to the owner.
3. Types of professional skills necessary for compliance with the rules.
Individual holds a valid elevator inspector credential as specified in chapter Comm 5.
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Currently, the Department performs all inspections for new installations covered by chapter Comm 18, Elevator Code, except for installations in first class cities. The Department has also contracted with an independent inspection company to perform periodic and routine inspections on existing elevators. The proposed rule change will clarify that in accordance with s. 101.17, Stats., it is the owner's responsibility to maintain a valid permit to operate. The rules will also clarify that routine and periodic inspections may be performed by any individual holding a valid credential as a certified elevator inspector as specified in chapter Comm 5, Credential Code.
Notice of Hearing
Health & Family Services
(Community Services, Chs. HFS 30-)
Notice is hereby given that, pursuant to ss. 46.27 (7) (cj) 3. b., (11) (c) 5n. b., 46.277 (5) (d) 1n. b. and 227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of ss. HFS 73.01 and 73.10 (1) and the creation of s. HFS 73.11, Wis. Adm. Code, relating to eliminating the 25% limit on spending long-term support funds in Community-Based Residential Facilities (CBRFs) and establishing the criteria for determining infeasibility of in-home services as a condition for the use of program funds to pay for persons who reside in CBRFs.
June 27, 2000 Room B139
Tuesday State Office Bldg.
from 1:00 p.m. to 3:00 p.m. 1 West Wilson St.
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Under the Community Options Program (COP) and related home and community-based medical assistance (MA) waivers, federal and state funds are provided to implement care plans for eligible individuals to enable them to live in community-based settings rather than nursing homes despite disabilities or functional limitations.
Statutory language was added by 1997 Wisconsin Act 27 to restrict the use of Community Options and certain MA Waiver funds (COP-W and CIP II) to paying for services for persons living in their own homes, except under certain circumstances. One of the exceptions permits the use of these funds to pay for services for a person residing in a community-based residential facility (CBRF) if additional conditions are met. One of those conditions is if the county long- term support agency documents that the option of in-home services has been discussed with the person, is thoroughly evaluated and is found to be “infeasible" as determined by the county agency in accordance with rules promulgated by the Department. Of the five conditions, this is the only one that is required to be determined in accordance with administrative rules.
The rulemaking order that is the subject of this public hearing establishes criteria for a county agency to make a determination that home care is not possible for a program participant. Upon meeting the criteria in the rules, along with the four criteria in the statutes, the county agency is permitted to use COP, COP-W or CIP II funds to pay for services for the program participant in a CBRF. The rulemaking order also amends s. HFS 73.10 to delete the 25% limit on spending for services to program participants who live in CBRFs. 1997 Wisconsin Act 27 deleted that limit from the program statutes.
To find out more about the hearing or to request a written copy of the rules, write, phone, or e-mail:
Long Term Support Section
Bureau of Aging and Long Term Care Resources
P. O. Box 7851
Madison, WI 53707-7851