Prior to the 1999 Budget Bill, s. 31.02 (4) (c) Wis. Stats. gave the state authority to “order or require any dam heretofore or hereafter constructed to be equipped and operated with good and sufficient fishways..." Recently s. 31.02 (4) (g) was created to read “the department may not impose the requirement under sub. (4) (c) on an owner of a dam unless all of the following apply: 1) rules promulgated under (4r) are in effect. Section 31.02 (4r) was created to read “the department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed and 2) the federal government or the state implements a program to provide cost-sharing grants to owners of dams for equipping dams with fishways or fish ladders and a grant is available to the dam owner under the program
At the same time, increased understanding of the impacts of dams on river fisheries and overall biodiversity, plus advances in technology for providing fish passage, led to a renewed interest in applying the passage requirement of s. 31.02 and the development of the policy guidance that we now seek to codify.
Statutory authority
Section 31.02 (4) (g).
Staff Time Required
244 hours.
Pharmacy Examining Board
Subject
Modification of the definition of “active practice" of pharmacy.
Policy analysis
Objectives of the Rule. A redefinition of the active practice of pharmacy is intended to define more precisely the prerequisite for when a person licensed in another state may be tested to demonstrate the equivalent minimum pharmacy practice skills required for licensure in this state.
Statutory authority
Sections. 15.08 (5) (b), 227.11 (2), 450.00 (3) (e), 450.03 (2), 450.04 (1) and 450.02 (2), Stats.
Staff Time Required
80 hours.
Regulation and Licensing
Subject
Amend rules relating to the employment and supervision of licensed employees by real estate broker-employers.
Policy analysis
Objectives of the Rule. Clarify issues relating to the supervision of employees.
Current rules contain provisions relating to the supervision of licensed employees, the supervision of principal offices, the supervision of branch offices, limitations on employees of a broker and other related matters.
Current provisions are in need of clarification or amendment to bring them into tune with changes in the industry and the technical resources available to real estate licensees for supervising their employees and otherwise doing business. In view of the current use of technology by real estate licensees, much supervision can be accomplished by the use of computers, fax and other communication devices. The rules would clarify what activities in a real estate office require supervision by a broker-employer and the level of supervision that is required. The rules would also clarify the responsibilities of the business representatives of a business entity to designate the activities for which specific business representatives are responsible. The rules may, possibly, amend the limitations placed on licensed employees of employer-brokers.
Statutory authority
Sections. 227.11 (2), 452.03, 452.04, 452.05, 452.07, 452.10, 452.12 and 452.14, Stats.
Staff Time Required
80 hours.
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Natural Resources
Rule Submittal Date
On March 13, 2001, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ss. NR 1.212 and 1.213, relating to private forestry priorities for assistance.
Contact Information
If you have questions, please contact:
Paul Pingrey
Bureau of Forestry
Public Instruction
Rule Submittal Date
On March 12, 2001, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends s. PI 35.045, relating to building usage code under the Milwaukee Parental Choice Program.
Agency Procedure for Promulgation
Public hearings will be scheduled.
Contact Information
If you have any questions regarding this rule, please contact:
Tricia Collins
Milwaukee Parental School Choice Consultant
Telephone (608) 267-9248
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(reprinted from 3/3/01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on proposed rules relating to minor remedial drafting changes to department rules. The hearing will be held at the time and place shown below. The public is invited to attend the hearing and make comments on the proposed rules. Following the public hearing, the hearing record will remain open until April 30, 2001, for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-5023. Copies will also be available at the hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by April 18, 2001, by writing to Roxy Capelle, Division of Legal Counsel, P.O. Box 8911, Madison WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
One hearing is scheduled:
Wednesday, April 25, 2001
1:30 p.m. until 3:30 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07 (1)
Statutes Interpreted: s. 93.07(10), 95.20 and 95.25
This rule makes the following minor remedial drafting changes to current DATCP rules:
Modifies ch. ATCP 1 (administrative orders and contested cases) to be consistent with s. 227.485, Stats., and the Wisconsin Court of Appeals decision in Gordon v. State Medical Examining Board, 225 Wis. 2d 552 (Ct. App. 1999). This rule clarifies that a prevailing party filing a motion for costs and attorneys fees in an administrative contested case must file that motion within 30 days after the department issues its proposed (not final) decision in the case. If the department issues its final decision without first issuing a proposed decision, the prevailing party may file the motion within 30 days after the department issues its final decision. Under current law, the administrative law judge who hears the case must issue a proposed decision if the administrative law judge is not the final decisionmaker. This rule clarifies (per current law) that if the administrative law judge is the final decisionmaker, the administrative law judge may issue a final decision without first issuing a proposed decision.
Clarifies the license expiration dates for bulk milk weigher and sampler licenses. This rule clarifies (per current law) that the license is a 2-year, not a 3-year license. A license normally expires on September 30. But if the department issues an original license prior to September 30 of any year, based on an application received after August 15 of that year, the license expires on the 3rd September 30 after the department issues the license.
Clarifies current rules related to home improvement contracts. Under current rules (ch. ATCP 110), some home improvement contracts must be in writing. A home improvement contract must contain certain disclosures if (1) current rules require a written contract or (2) the contract is prepared on the seller's “pre-printed contract form." This rule clarifies the second condition, which has been somewhat difficult to interpret. Under this rule, a home improvement contract must contain certain disclosures if (1) current rules require a written contract or (2) the buyer signs a written contract. This rule makes parallel modifications to other rule provisions dealing with contract changes.
Repeals obsolete rule provisions related to motor fuel price posting, including provisions authorizing the temporary use of so-called “pennywheel conversion devices." These temporary provisions had a stated “sunset" date of December 31, 1998, and are no longer in effect.
Clarifies current prohibitions related to “referral selling plans" (ATCP 121). Under current rules, a “referral selling plan" means “any method of sale where the seller or lessor, as an inducement for a consumer sale, offers compensation to a prospective buyer or lessee either for (a) names of other prospective buyers or lessees, or (b) otherwise aiding the seller or lessor in making consumer sales." A referral selling plan operates like a pyramid scheme or lottery. Each buyer purchases in reliance upon promised future payments that may result if the buyer refers other sales prospects who purchase in turn. But the payments may never occur, and the “chain" of prospects inevitably breaks. In 1968, the department prohibited referral selling plans unless the seller compensates the buyer before making any sale to that buyer (thus eliminating the element of “chance"). This rule clarifies but does not change the current prohibition.
Eliminates obsolete references to statutes or rule provisions that no longer exist, and corrects obsolete references to statutes or rule provisions that have been changed. Amends several rule titles, to shorten or clarify those titles. Corrects a number of erroneous cross-references in current rules. Makes non-substantive drafting and organizational changes.
Fiscal Estimate
This rule will have no fiscal effect on the department or local units of government.
Initial Regulatory Flexibility Analysis
This rule makes minor remedial drafting changes to a variety of DATCP rules. This rule merely clarifies rule provisions, conforms current rule provisions to current law, or makes non-substantive organizational or drafting changes.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.17 and 227.24 (4), 301.02, and 301.03 (1) and (2) Stats., and interpreting ss. 46.07, and 302.32 (1), Stats., the department of corrections will hold public hearings in the following locations to consider the emergency rule published on February 23, 2001 and the proposed permanent rule amending and creating rules relating to resources for inmates.
Hearing Information:
Date & Time Location
May 3, 2001 Room 120
Thursday State Office Building
10:00 a.m. 141 N.W. Barstow Street
