Notice of Hearing
Workforce Development
Worker's Compensation, Ch. DWD 80
The Wisconsin Department of Workforce Development proposes an order to repeal and recreate DWD 80.67 relating to worker's compensation insurer name change or reorganization.
Analysis Prepared by the Department of Workforce Development
Statutory authority: Secs. 102.15 (1) and 102.32 (2) (a), Stats.
Statute interpreted by the rule: Sec. 102.32 (2) (a), Stats.
Hearing Information
January 19, 2001 Madison
Tuesday GEF 1 Bldg. Room B-106
10 a.m. 201 E. Washington Avenue
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-6704at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
The current DWD rule provides that when there is a change in the name, ownership, or control of an insurance company the insurer must notify DWD and the Wisconsin Compensation Rating Bureau (WCRB) 90 days prior to the change. It also requires insurers to notify its insured employers by issuing a new policy.
The proposed rule changes the 90-day notice to DWD and WCRB to 30 days, consistent with the 30-day notice requirement that the Office of the Commissioner of Insurance applies to all insurers. It also eliminates the notice requirements for changes of ownership or control. The proposed rule authorizes insurers to notify insured employers of the name change by an endorsement to the existing policies rather than by canceling policies and reissuing new policies with the new name.
This updates a rule that has not kept pace with modern practice. Thirty days is sufficient notice. Notifying employers by endorsements to existing policies is easier, less expensive, and is the current insurance industry procedure.
The ownership and control notices have been eliminated because neither the Department nor the WCRB does anything with that information, and because the Office of the Commissioner of Insurance has similar notice requirements.
SECTION 1. DWD 80.67 is repealed and recreated to read:
DWD 80.67 Insurer Name Change. A worker's compensation insurer shall notify the department and the Wisconsin compensation rating bureau in writing 30 days before the effective date of a change in its name. The insurer shall comply with the name change requirements in its state of domicile and in the state of Wisconsin. On or before the effective date of an approved name change, the insurer shall notify each of its employers insured under ch. 102., Stats., that the insurer's name is changed. Insurers shall notify employers by an endorsement to the employer's existing policy that states the insurer's new name, or by any other means acceptable to the department. The insurer shall file a copy of the endorsement with the Wisconsin compensation rating bureau by personal service, facsimile or certified mail at the same time that it provides notice to the employer.
Initial Regulatory Flexibility Analysis
The rule affects companies authorized by the Commissioner of Insurance to sell worker's compensation insurance to Wisconsin employers. The proposed rule relaxes current reporting procedures by offering an easier method to comply with notification requirements. The type of professional skills necessary for compliance with the rules are skills related to processing insurance documents.
Fiscal Impact
The proposed rule has no fiscal impact.
Contact Information
Richard D. Smith, Director
Bureau of Legal Services
Worker's Compensation Division
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608-267-6704)
Written Comments
Written comments on the proposed rules received at the above address no later than January 22, 2001, will be given the same consideration as testimony presented at the hearing.
Rule orders filed with the
Revisor of Statutes Bureau
The following administrative rule orders have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ch. NR 101 relating to the wastewater fee program.
Effective 2-1-01
An order to repeal chs. NR 161, 162, and 163 and create ch. NR 162 relating to Clean Water Fund Program financial assistance.
Effective 3-1-01
An order affecting chs. NR 700, 716, 720, 722, 726, and 746, relating to sites contaminated with petroleum products discharged from petroleum storage tanks.
Effective 2-1-01
An order to create ch. NR 168 relating to the brownfield site assessment grant program administration.
Effective 2-1-01
An order affecting chs. RL 121, 125, and 126, relating to the regulation of auctioneers and auction companies.
Effective 2-1-01
An order affecting chs. RL 90, 91, and 92, relating to educational and examination requirements for massage therapists and bodyworkers.
Effective 2-1-01
An order affecting ch. RL 7, relating to standards for approved drug testing programs.
Effective 2-1-01
Social Workers, Marriage and Family Therapists and Professional Counselors (
CR 00-054)
An order affecting ch. SFC 8, relating to continuing education programs.
Effective 2-1-01
Final regulatory flexibility analyses
Chs. Comm 81, 82 and 84 - Wisconsin Uniform Plumbing Code.
Summary of Final Regulatory Flexibility Analysis:
Although there may be minimal additional costs for cross connection control device testers, who would be now required to file test reports with the local purveyor of water in addition to the current requirement to file such reports with the department; these costs may be offset by cost savings for their ability to tag and track these products more clearly and receive updated information on each device as provided by the state.
The additional paperwork to be routed/copied to the water purveyor may result in a positive impact on public health.
Summary of Comments:
No comments were reported.
Ch. Comm 18 - Inspection of elevators and mechanical lifting devices.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will clarify that owners may contract for inspection of their equipment covered by chapter Comm 18 with individuals holding a valid credential as a certified elevator inspector under chapter Comm 18 with individuals holding a valid credential as a certified elevator inspector under chapter Comm 5. This code change proposal may also encourage people certified as an elevator inspector to form a small independent inspection business. By having more inspection services available, the timely inspection of elevators and mechanical lifting devices may be improved, which helps in the safety of the general public and employees using this equipment.
Summary of Comments from Legislative Committees:
No comments were reported.
Ch. DOC 303 - Relating to discipline.
Summary of Final Regulatory Flexibility Analysis:
Proposed rules do not effect small businesses.
Summary of Comments:
No comments were reported.
Employee Trust Funds, Employee Trust Funds Board and Wisconsin Retirement Board (
CR 00-116)
