The Senate Committee on Health, Utilities and Veterans and Military Affairs held a public hearing on the rule on November 2, 2000. During the hearing, a number of people expressed concerns about the ability of the Department or its agents to increase the interval between restaurant inspections to more than 12 months. As a result, Sen. Moen asked that several modifications be made to s. HFS 196.05 (2). On November 2, 2000, the Department sent Sen. Moen a letter agreeing to make the modifications Sen. Moen requested.
An order affecting ch. Ins 23 relating to standards for insurance marketed to fund prearranged funeral plans.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
An order affecting ch. NR 101 relating to the wastewater fee program.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Pursuant to s. 227.114, Stats., the proposed changes to ch. NR 101 do not change the number nor types of small businesses impacted by the rule. The proposed changes do not require any additional bookkeeping nor reporting, nor do they require any change in the professional skills required to comply with the rule.
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
Summary of final regulatory flexibility analysis
The Department does not expect any negative impact on small businesses as a result of this action. It is anticipated that this action will save money for many responsible parties, including small businesses, which conduct remediation of groundwater.
An order to create ch. NR 168 relating to the brownfield site assessment grant program administration.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The proposed rule does not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
An order affecting chs. NR 400, 410, 423, 428, 439, 484 and 485 relating to reducing ozone concentrations in the ambient air in southeastern Wisconsin by controlling nitrogen oxides (NOx) and volatile organic compound (VOC) emissions.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Small businesses will not be directly affected by the proposed rules for controlling VOC and NOx emissions. The regulations for NOx control for existing facilities would apply to industries large enough to have existing steam boilers, industrial process heaters, furnaces, combustion turbines or stationary reciprocating engines with at least 75 million BTU per hour of heat input. The RACT regulations for VOC control apply to major sources by definition.
An order affecting chs. NR 406, 407, 419, 422 and 484 relating to the control of volatile organic compound emissions from automobile refinishing operations.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The proposed rule will have a significant effect on a substantial number of small businesses. Almost all automobile refinishing facilities are small businesses. It will exempt these facilities from applying for, and obtaining an air pollution construction and operation permit. The facilities will have to keep records of the amount of VOCs used to verify that they are exempt from needing a permit. In most cases, the actual pounds of coatings used are far less than the exemption level established for the VOC content of those coatings.
An order affecting chs. RL 30 to 35 relating to private detectives, private detective agencies and private security personnel.
Effective 2-1-01
Summary of final regulatory flexibility analysis
A member of the department's Small Business Review Advisory Committee had the following comment: ``Maybe it is not affecting business, however, I am confused about the accountability of peace officers versus private security officers (example: language regarding fingerprints)."
The department offered the following response and made no additional changes. The Wisconsin Statutes only permit peace officers to carry concealed weapons. Private detectives and private security persons may not carry a concealed weapon unless they are peace officers.
The purpose of the private detective and private security regulation is to assure that private detectives and private security persons have not been convicted of serious crimes, that the employing agency has a surety bond or a liability policy, and that private detectives are minimally competent to protect the public. Peace officers are required to satisfy comprehensive qualification standards.
An order affecting chs. RL 17, 24 and 25 relating to real estate education requirements.
Effective 2-1-01
Summary of final regulatory flexibility analysis
A member of the department's Small Business Review Advisory Committee had the following comments: (1) ``Exception should extend to rental or sale of real estate owned by a licensee. If a licensee owns real estate but is not active in the profession, they should have the right to sell property they own without involved a broker (and broker fee)."
The department offers the following responses: The current rule states at RL 24.04 (2) (c): ``A licensee may advertise the occasional sale of real estate by the licensee or the solicitation of real estate for purchase by the licensee without complying with pars. (a) and (b), provided that the licensee clearly identifies himself, herself or itself as a real estate licensee in the advertisement."
The Wisconsin statutes distinguish between a pattern of sales and an occasional sale. If a person is involved in a pattern of sales of his, her or its own property, the person either needs a real estate broker's licensee or has to contact with a broker. Licensed salespersons are only permitted to negotiate the sale of real estate when employed by a broker. However, no one is required to have a real estate broker's license or hire a broker in order to lease or rent his, her or its own property.
(2) ``Licensees should be required to disclose other pending offers on the sale of a property. Competition is good for purchasers."
The purpose of this is to avoid a bidding war between prospective buyers, fueled by the real estate agent who will make a larger commission based on a higher sales price. The rules direct licensees to tell prospective buyers that they should offer their highest and best price. When a seller receives one or more offers, the seller can counter one or all of the offers and buyers can counter the counter. Thus, the seller and prospective buyers are able to continue to negotiate the price. The rule appears to provide fair treatment to all parties.
These rules will have not significant economic impact on a number of small businesses, as defined in s. 227.114 (1) (a), Stats.
An order affecting chs. RL 121, 125, and 126 relating to the regulation of auctioneers and auction companies.
Effective 2-1-01
Summary of final regulatory flexibility analysis
A member of the department's Small Business Review Advisory Committee had the following comment: ``This rule will impact all auction companies and I assume these firms are all small businesses. I am concerned that the restriction resulting from the action of an auctioneer apply to the entire auction company. This could result in `innocent' people employed by the auction company, but not involved with the infractions being impacted with loss of income and/or employment. Unless the auction company (small business) and the auctioneer are one and the same - I suggest `company' and `auctioneer' actions be separated."
The department offered the following response and made no additional changes. Section 480.01, Stats., and s. RL 121.02, ``auctioneer" and ``auction company" in such a way that an auctioneer is an individual who calls auctions or advertises his or her availability to do so. An auction company is an individual who does not have an auctioneer license and is not able to call auctions, but who does wish to manage auctions and contract with registered auctioneers to call an auction managed by the individual. In addition, an auction company is a corporation, a partnership or an association that wishes to manage auctions and contract with registered auctioneers to call an auction managed by the corporation, partnership or association. Thus, an auction company is able to contract with any auctioneer to call auctions managed by the auction company.
The rule says ``an auctioneer or auction company whose registration has been suspended or revoked...." The rule is properly stated because the board may appropriately discipline one or the other, or both. A prosecutor will only include the auction company if the prosecutor believes that the company, based on the makeup of its ownership and the involvement of the owner or owners, should be disciplined.
These rules will have no significant adverse impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
An order affecting chs. RL 90, 91, and 92 relating to educational and examination requirements for massage therapists and bodyworkers.
Effective 2-1-01
Summary of final regulatory flexibility analysis
These rules will have no significant adverse economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
An order affecting ch. RL 7 relating to standards for approved drug testing programs.
Effective 2-1-01
Summary of final regulatory flexibility analysis
These rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Social Workers, Marriage and Family Therapists and Professional Counselors
(
CR 00-054)
