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)
An order affecting ch. SFC 8 relating to continuing education programs.
Effective 2-1-01
Summary of final regulatory flexibility analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
An order affecting chs. Trans 231 and 233 relating to division of land abutting a state trunk or connecting highway.
Effective 2-1-01
Summary of final regulatory flexibility analysis
No effect on small business.
An order to create ch. Trans 156 relating to the automated partnership processing system program.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The Department of Transportation has concluded, after complying with s. 227.114 (1) to (5), Stats., that the rule will not have a significant economic impact on a substantial number of small businesses.
An order affecting ch. Trans 4 relating to the state public transit operating assistance program.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The proposed rule will have no adverse impact on small business.
An order affecting ch. DWD 16 relating to emergency assistance for families facing impending homelessness.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Privately-run W-2 agencies and subcontractors of W-2 agencies will be affected by this rule. These rules add no significant economic impact beyond what was considered in the statute.
In response to concerns expressed at a meeting with Senator Robson, the department clarified that eligibility for emergency assistance for impending homelessness may include a financial crisis caused by a loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s. 49.152, Stats.
An order affecting chs. DWD 12 and 56 relating to W-2 eligibility and child care copayments.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Privately-run W-2 agencies will be affected by the rule changes, but the rules will not have a significant economic impact on a substantial number of small businesses.
Sections affected by rule revisions and corrections
The following administrative rule revisions and corrections have taken place in January 2001, and will be effective as indicated in the history note for each particular section. For additional information, contact the Revisor of Statutes Bureau at (608) 266-7275.
Revisions
Agriculture, Trade and Consumer Protection:
Ch. ATCP 75 (entire chapter)
Ch. ATCP 136
S. ATCP 136.01 (2) and (19)
S. ATCP 136.02 (2) (c), (4) (d) and (7)
