Register

Cover_MOC

Wisconsin

Administrative

Register

No. 538

Publication Date: October 14, 2000

Effective Date: October 15, 2000

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 13.
Administration:	Rules relating to public benefit fees. Rules relating to energy conservation and efficiency and the renewable resource program. Rules relating to low-income assistance public benefits.
Agriculture, Trade and Consumer Protection:	Rules relating to swine import and required tests. Rules relating to fees required of agent municipalities inspecting retail food establishments. Rules relating to an implied warranty on disease-free cattle and goats. Rule relating to residential rental practices. Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Commerce:	PECFA, Chs. Comm 46 and 47 Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities. Rules relating to appeals under the PECFA program.
Health & Family Services:	Management, etc., Chs. HFS 1-- Rules relating to family care.
Health & Family Services:	Community Services, Chs. HFS 30-- Rules relating to state Supplemental Security Income (SSI) payments.
Health & Family Services:	Medical Assistance, Chs. HFS 100-108 Rules relating to the medicaid purchase plan.
Health & Family Services:	Health, Chs. HFS 110-- Rules relating to the Health Risk-Sharing Plan.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Rules relating to deer hunting. Rules relating to the 2000 migratory game bird season. Rules relating to the stewardship program.
Natural Resources:	Environmental Protection-General, Chs. NR 100-- Rules relating to the brownfield site assessment grant program.
Natural Resources:	Environmental Protection-Investigation & Remediation, Chs. NR 700-- Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Service Commission:	Rules relating to the definition of fuel and permissible fuel costs.
Regulation and Licensing:	Rules relating to massage therapists and bodyworkers.
Revenue:	Rules relating to retailer performance program of the Wisconsin Lottery. Rules relating to the tobacco settlement agreement.
Workforce Development:	Economic Support, Chs. DWD 11-59 Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.	Pages 14 to 16.
Health and Family Services (Health, Chs. HFS 110-- ):	Ch. HFS 133 - Relating to licensing of home health agencies.
Insurance, Commissioner of:	Ch. Ins 19 - Relating to privacy of consumer financial and health information.
Public Service Commission:	PSC Code - Relating to rules governing confidential handling of records [Docket No. 1-AC-201].
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 17.
Corrections:	Ch. DOC 302 - Relating to classification, to assessment and evaluation, and to program review of inmates.
Professional Geologists, Hydrologists and Soil Scientists Examining Board:	S. GHSS 1.07 - Relating to authorizing the Board to form a rules committee.
Notices of Hearings or of Proposed Rules.	Pages 18 to 28.
Corrections:	Hearings to consider revision to ch. DOC 306, relating to security. [Hearing dates: 11/06/00, 11/07/00 and 11/08/00]
Professional Geologists, Hydrologists and Soil Scientists Examining Board:	Hearing to consider s. GHSS 1.07, relating to a rules committee. [Hearing date: 10/31/00]
Regulation and Licensing:	Hearing to consider revision to ch. RL 7, relating to standards for approved drug testing. [Hearing date: 10/30/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 29.
Corrections:	(CR 97-13) - Ch. DOC 303
Employee Trust Funds:	(CR 00-116) - S. ETF 10.10
Financial Institutions-Securities:	(CR 00-117) - SS. DFI-Sec 2.02, 3.03, 4.03, 4.06, 5.03, 5.05 and 7.02
Health and Family Services:	(CR 00-95) - Ch. HFS 120
Insurance, Commissioner of:	(CR 00-120) - SS. Ins 23.30, 23.35 and 23.40
Regulation and Licensing:	(CR 00-100) - Chs. RL 30 to 35
Regulation and Licensing:	(CR 00-105) - Chs. RL 17 and 24 and s. RL 25.05
Regulation and Licensing:	(CR 00-106) - SS. RL 121.025, 125.03, 126.02 and 126.03
Revenue:	(CR 00-123) - S. Tax 9.69
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 30.
Agriculture, Trade and Consumer Protection:	(CR 99-72) - Ch. ATCP 160
Agriculture, Trade and Consumer Protection:	(CR 99-168) - S. ATCP 1.03 and chs. ATCP 10 to 12
Agriculture, Trade and Consumer Protection:	(CR 00-58) - Ch. ATCP 35
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:	(CR 00-50) - SS. A-E 2.02, 4.05, 6.04 and 6.05
Corrections:	(CR 97-27) - Ch. DOC 314
Professional Geologists, Hydrologists and Soil Scientists Examining Board:	(CR 00-64) - SS. GHSS 2.06, 3.05 and 4.05
Natural Resources:	(CR 00-2) - SS. NR 108.02 and 108.04 and chs. NR 114, 809 and 811
Pharmacy Examining Board:	(CR 99-166) - S. Phar 7.09
Revenue:	(CR 00-78) - SS. WGC 61.02, 61.04, 61.08 and 61.085
Public Notice.	Page 31.
Health and Family Services:	Public notice relating to Medical Assistance reimbursement for private duty nursing (PDN) services: State of Wisconsin Medicaid Program.

emerg538a

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 (3)

Administration

1.   Rules adopted creating ch. Adm 43, relating to public benefits fees.

Exemption From Finding of Emergency

(See section 9101 (1zu) (a) of 1999 Wis. Act 9)

Analysis Prepared by the Department of Administration:

Statutory authority: ss. 16.004 (1), 16.957(2)(c) 4. and 5., and (4)(b), Stats.

Statute interpreted: s. 16.957(2)(c) 4. and 5., and (4), Stats.

1999 Wis. Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy are continued and expanded. Under ss. 16.957(2)(c) and (4)(b), Stats., the Department of Administration is directed to promulgate rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low-income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.

Publication Date:   August 22, 2000

Effective Date:   August 22, 2000

Expiration Date:   January 19, 2001

2.   Rule adopted creating ch. Adm 44, relating to energy conservation and efficiency and renewable resource programs.

Exemption From Finding of Emergency

(See section 9101 (1zu) (am) of 1999 Wis.

Act 9)

Analysis Prepared by the Department of Administration:

Statutory authority: ss. 16.004(1) and 16.957(2)(c), 2., 2m. and 2n., Stats.

Statute interpreted: s. 16.957(2)(b) and (3)(b), Stats.

Under s. 16.957(2)(c)2, 2m., and 2n., Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy programs established under s. 16.957(2)(b), Stats.

The Department believes it is neither wise nor practical to include specific detail in this rule to cover programs that are not yet in existence. These programs will be developed over a longer period of time, with a wide range of input from the Council on Utility Public Benefits, potential program providers, and recipient citizens. They will develop as the needs of the energy efficiency and conservation market becomes clearer and our collective knowledge is increased.

Examples of the variety of programs to be created under s. 16.957 (2) (b) 1., Stats., run the gamut from a simple rebate of a few cents for the purchase of energy efficient products or services to programs requiring complete engineering audits of industrial plants, arrangement of financing, performance contracting and multi-year performance monitoring. The requirements, procedures and related selection criteria necessary to implement these varying programs cannot be specified with detail in this rule. Rather, the rule is designed to allow flexibility for development of policies and procedures through detailed policy and procedure manuals for each program, consistent with Department practice for low-income assistance programs now in effect under ss. 16.385 and 16.39, Stats.

Publication Date:   August 22, 2000

Effective Date:   August 22, 2000

Expiration Date:   January 19, 2001

3.   Rules adopted creating ch. Adm 45, relating to low-income assistance public benefits.

Exemption From Finding of Emergency

(See section 9101 (1zu) (am) of 1999 Wis. Act 9)

Analysis Prepared by the Department of Administration:

Statutory authority: ss. 16.004(1) and 16.957(2) (c) 2., Stats.

Statute interpreted: s. 16.957(2) (a), Stats.

Under s. 16.957(2)(c), Stats., the Department of Administration is required to promulgate rules for low-income public benefits programs. The proposed rule establishes eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957(2)(a), Stats.