Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
(reprinted from 5/31/01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings, at the times and places indicated below, on proposed amendments to ch.
ATCP 81, Wis. Adm. Code, relating to cheese grading, packaging and labeling. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open
until June 29, 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 Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, or by calling 608-224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by June 7, 2001 either by writing to Debbie Mazanec, Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, (608-224-4712), or by contacting the message relay system (TTY) at 608-224-5058. Handicap access is available at the hearing locations.
Hearing Dates, Times And Locations
Date and Time: Thursday, June 14, 2001
10:00 a.m. – 12:00 noon
Location: Appleton Public Library
Lower Level Mtg. Room
925 S. Oneida Street
Appleton, WI 54911
Handicapped accessible
Date and Time: Friday, June 15, 2001
10:00 a.m. - 12:00 noon
Location: Iowa County Courthouse
County Board Room, 2nd Floor
222 N. Iowa Street
Dodgeville, WI 53533
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade, and Consumer Protection
Statute Interpreted: s.
97.177, Stats.
The department of agriculture, trade and consumer protection (DATCP) regulates the grading, packaging and labeling of cheese in this state. This rule modifies current rules related to the grading, packaging and labeling of Swiss (also known as emmentaler) cheese. The current rules are contained in ch.
ATCP 81, Wis. Adm. Code.
Swiss Cheese Grading Terms
Under current rules, a cheese grader evaluates Swiss cheese based on eye, texture and other cheese characteristics. The current rule spells out grade standards for eye and texture characteristics in table format, using customary (but undefined) industry terms to identify various physical traits. This rule defines those terms, consistent with industry custom.
Swiss Cheese Grading Procedure
Under current rules, a grader must grade cheese by withdrawing and evaluating sample “plugs" of cheese using an implement known as a “trier." This rule spells out a slightly different procedure for Swiss cheese. Under this rule:
•
A cheese grader must determine Swiss cheese flavor and body characteristics by withdrawing and evaluating “plugs" of cheese. This rule spells out the procedure for withdrawing and evaluating Swiss cheese “plugs" using a trier.
•
A grader must normally determine texture, color and eye characteristics by dividing a wheel or block of cheese in half and examining the exposed cut surfaces. If Swiss cheese has been already been cut into smaller pieces, the grader may examine the cut surfaces without making additional cuts. A grader may evaluate “plugs" of cheese, rather than cut pieces, if the cheese owner requests that procedure.
Wisconsin Grade Standards; Eye and Texture Characteristics
This rule changes current grade standards for Wisconsin grade A and Wisconsin state brand Swiss cheese. Under current rules, eyes must be uniformly distributed and a majority of the eyes must be 9/16 to 13/16 inch in diameter. Under this rule, eyes must be uniformly distributed and relatively uniform in size. A majority of the eyes must be 3/8 to 13/16 inch in diameter.
This rule establishes an eye size requirement for Wisconsin grade B Swiss cheese that is identical to that for Wisconsin grade A Swiss cheese. Under this rule, the majority of eyes must be 3/8 to 13/16 inch in diameter.
Fiscal Estimate
Rules related to cheese grading, packaging and labeling are contained in Chapter
ATCP 81, Wis. Adm. Code. Subchapter VII specifies the Wisconsin grade standards for Swiss or Emmentaler cheese. These standards include requirements for particular eye and texture characteristics of the cheese, including eye size. Current standards require that the majority of eyes (or holes) be
9/
16 to
13/
16 inch in diameter in order for the cheese to be labeled or sold as Wisconsin's grade A or state brand Swiss (emmentaler) cheese.
This rule updates the Wisconsin grade standard for Swiss (emmentaler) cheese so that the Wisconsin cheese industry may embrace new cheese manufacturing and packaging technology and meet customer expectations. This rule update will permit smaller eyes in Swiss or emmentaler cheese than the current standard allows by expanding the lower end of the range. This change will facilitate cutting operations with high-speed slicing equipment and help provide a more consistent quantity by weight of cheese in consumer packages. This rule change will also bring the Wisconsin grade standards into conformance with United States Department of Agriculture grade standards for Swiss cheese with regard to eye size, and allow the Wisconsin cheese industry to remain competitive on a nationwide basis.
This rule also defines current and new terms in Subchapter I to help clarify grade standard characteristics with respect to eye and texture characteristics of Swiss cheese. In Subchapter II, cheese grading procedures are modified to allow for better examination of eye and texture characteristics and evaluation of the cheese with respect to the proposed changes in the grade standard.
Currently, there are three multiple product graders employed by the department. No additional staff will be required to enforce these regulations. These amendments will not impose added costs on local government.
One-time costs of approximately $3640 will be incurred by the department for rule development.
Long-Range Fiscal Implications
None anticipated.
Initial Regulatory Flexibility Analysis
This proposed rule modifies current rules under ch.
ATCP 81, Wis. Adm. Code, related to cheese grading, packaging and labeling.
Under current DATCP rules, the majority of eyes or holes in Swiss (emmentaler) cheese must be 9/16 to 13/16 inch in diameter in order for the cheese to be labeled or sold as Wisconsin grade A or Wisconsin state brand. There are no eye size specifications in the current standards for Wisconsin grade B Swiss (emmentaler) cheese.
The proposed rule brings the Wisconsin grade standards for Swiss (emmentaler) cheese into conformance with recent changes in the federal grade standards adopted by the United States Department of Agriculture. The proposed rule allows smaller eyes by expanding the lower end of the eye size range and requires that the majority of eyes be 3/8 to 13/16 inch in diameter for Wisconsin grade A (Wisconsin state brand). It also requires the eyes to be relatively uniform in size and uniformly distributed. The proposed rule also establishes the same eye size range of 3/8 to 13/16 inch in diameter for Wisconsin grade B.
The proposed rule defines current and new terms to help clarify the grade standard characteristics with respect to eye and texture characteristics of Swiss cheese. The proposed rule also modifies grading procedures for Swiss cheese to allow for better examination and evaluation of texture, color, and eye characteristics. For the determination of texture, color, and eye characteristics, the cheese must be divided approximately in half to expose two cut surfaces for examination. Upon request of the owner of the cheese (or the owner's authorized representative), cheese samples for grading purposes may be obtained with the use of a trier in lieu of dividing the cheese in half.
This rule update in the Wisconsin grade standard for Swiss (emmentaler) cheese is necessary to keep pace with changes in manufacturing and packaging technology and meet a variety of customer and consumer preferences. Packagers and cut/wrap operations prefer smaller eyes that facilitate cutting operations with high-speed slicing equipment. Smaller eyes also enable the cutter to better control package weight and minimize trim. Delicatessen operators prefer a larger eye size due to customer preference at the retail level. It is believed that cheese manufacturers currently producing Swiss cheese with an eye size range of 9/16 to 13/16 inch in diameter will maintain or grow their market niche.
The proposed rule will not impose any direct costs on small businesses. These rule changes do not require any additional reporting or recordkeeping. No additional knowledge or professional skills are needed to meet the requirements of these proposed amendments.
Notice of Hearings
Agriculture, Trade and Consumer Protection
(reprinted from 5/31/01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings, at the times and places indicated below, on its emergency rule and a proposed permanent rule to amend Chapter
ATCP 80, Wisconsin Administrative Code, relating to pathogen tests on ready-to-eat dairy products. The public is invited to attend the hearings and make comments on the the emergency rule and proposed permanent rule. Following the public hearings, the hearing record will remain open
until June 29, 2001, for additional written comments.
A copy of the emergency and proposed permanent rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, or by calling 608-224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by June 7, 2001 either by writing to Debbie Mazanec, Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, (608-224-4712), or by contacting the message relay system (TTY) at 608-224-5058. Handicap access is available at the hearing locations.
Hearing Dates, Times And Locations
Date and Time: Thursday, June 14, 2001
10:00 a.m. – 12:00 noon
Location: Appleton Public Library
Lower Level Mtg. Room
925 S. Oneida Street
Appleton, WI 54911
Handicapped accessible
Date and Time: Friday, June 15, 2001
10:00 a.m. - 12:00 noon
Location: Iowa County Courthouse
County Board Room, 2nd Floor
222 N. Iowa Street
Dodgeville, WI 53533
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56 (4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
This emergency and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This requirement will continue. DATCP may inspect and copy test records as necessary.
Fiscal Estimate
The Department of Agriculture, Trade and Consumer Protection (“department") licenses and inspects dairy plants under Wis. Stats. ss 97.20. Under s.
80.56 (4), Wis. Admin. Code, the department requires the dairy plant operator to report to the department results of any microbiological test conducted on a pasteurized or ready-to-eat dairy product that confirms the presence of pathogenic organisms in that product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The emergency rule and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The emergency rule and proposed permanent rule has no anticipated fiscal impact on the department.
Initial Regulatory Flexibility Analysis
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The proposed rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The proposed changes are already in effect under an emergency rule which the department adopted. This rule will make the temporary rule changes permanent. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This rule requires no additional recordkeeping or other procedures for dairy plants. Small dairy plants will need no additional professional skills or assistance in order to comply with this rule.
This permanent rule will have minimal financial impact on the dairy industry.
Notice of Hearings
Commerce
(Ch.
Comm 32, Public Employee Safety and Health)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.055 (3) and
(7), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to public employee safety and health.
The public hearings will be held as follows:
Date and Time:
|
Location:
|
July 24, 2001
Tuesday
|
Room 105
Eau Claire State Office Building
|
11:00 a.m.
|
718 W. Clairemont Avenue
|
|
Eau Claire
|
|
|
July 25, 2001
Wednesday
|
Room 3B
Thompson Commerce Center
|
10:00 a.m.
|
201 W. Washington Avenue
|
|
Madison
|
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until August 8, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 261-6546 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Analysis Prepared by the Department of Commerce
The Department of Commerce is responsible for adopting standards to protect the safety and health of public employees in the state of Wisconsin. The adopted standards must provide protection at least equivalent to that afforded to private sector employees under standards administered and enforced by the federal Occupational Safety and Health Administration (OSHA).
Chapter
Comm 32 currently contains general safety and health standards for all public employees through the incorporation by reference of several OSHA standards. Chapter
Comm 32 also contains requirements that add to or modify the OSHA standards.
The proposed rules consist of revisions in chapter Comm 32. In accordance with s.
101.055 (7) (a), Stats., the proposed rules contain a new requirement for public employers to report work-related injuries and illnesses to the Department. Beginning January 1, 2003, the report must be submitted by March 1 of each year. The proposed rules modify the OSHA standards by removing the governmental agency exemption from compliance with the OSHA regulations covering diving operations. The proposed rules also incorporate by reference 3 new OSHA standards relating to needlesticks/bloodborne pathogens, steel erection and recordkeeping.
The proposed rules have been developed with the assistance of the Public Safety Advisory Council. At the time the proposed rules were developed, the members of that citizen advisory council were as follows:
Name
|
Representing
|
Sheri Ackley
|
State Risk Management
|
Ken Blomberg
|
Wisconsin Rural Water Association
|
Jose Bucio
|
Wisconsin State AFL-CIO
|
Vance Forrest
|
Wisconsin Counties Association
|
David Hanneman
|
Wisconsin Education Association Council
|
Ron Kent
|
American Federation of State, County & Municipal Employees
|
Dave Kodel
|
Wisconsin Alliance of Cities
|
James Kropp
|
Wisconsin Department of Administration
|
Ned Paschke
|
Madison Metropolitan Sewerage District
|
Thomas Rowe
|
City of Milwaukee
|
Richard Stadelman
|
Wisconsin Towns Association
|
Ernest Stracener
|
University of Wisconsin System
|
Dennis Tweedale
|
League of Wisconsin Municipalities
|
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at
www.commerce.state.wi.us/SB/SB-HomePage. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
The proposed rules will not affect any small businesses as defined in section
227.114 (1)(a), Stats. The proposed rules apply to public sector employers and employees.
Fiscal Estimate
The Safety and Buildings Division currently administers and enforces the provisions of ch.
Comm 32 as part of the public sector safety and health program. The proposed rules update the existing administrative rules now being enforced, and the new requirements should not significantly affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division.
At the local government level, there should be no significant fiscal effect. Some of the new requirements may result in additional costs in time and equipment for some local governments; however, these costs should be minimal.
Notice of Hearing
Funeral Directors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Funeral Directors Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting ss.
445.03 (1) (b),
445.095 and
445.10, Stats., the Funeral Directors Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
FD 1.07; to amend s.
FD 4.03 (5); and to create ss. FD 107 (2), 4.03 (4m) and 4.045, relating to apprenticeship credit and continuing education.
Hearing Date, Time and Location
Date: July 17, 2001
Time: 10:30 A.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
The current rule on apprenticeships does not state that a certain number of embalmings must be performed at various periods during the apprenticeship. In this proposed rule-making order the Funeral Directors Examining Board creates s.
FD 1.07 (2) that specifies the number of embalmings that must be performed at various times during an apprenticeship, and the number of embalmings an apprentice must complete at the conclusion of the apprenticeship.
The current rules on continuing education describe the number of continuing education hours that are required in four content areas. It also describes the procedures for approval of continuing education programs. However, it does not list instructor qualifications. In this rule-making order the board amends its rules to better address the contents of continuing education courses and the qualifications of instructors and specifies the number of continuing education hours that may be obtained from the funeral establishment that employs a funeral director. Section
FD 5.01 (6) is created to establish criteria for instructor approval.
Text of Rule
SECTION 1. FD 1.07 is renumbered FD 1.07 (1).
SECTION 2. FD 1.07 (2) is created to read:
FD 1.07 (2) An apprentice may receive credit for no more than 9 embalmings in any one quarter of his or her apprenticeship. At the conclusion of an apprenticeship, an apprentice shall have completed a total of 25 embalmings.
SECTION 3. FD 4.03 (4m) is created to read:
SECTION 4. FD 4.03 (5) is amended to read:
FD 4.03 (5) No more than
3 7 hours of the 15-hour requirement may be in approved programs in the subject area specified in s.
FD 4.04 (1) (a) 3 (7).
SECTION 4. FD 4.045 is created to read:
FD 4.045 Qualifications for continuing education instructors. Instructors for continuing education shall possess the following minimum qualifications:
(1) Be an instructor of funeral directing who is or has been engaged in the practice of teaching at an accredited institution of higher education.
(2) Be a properly licensed or certified person for the past 5 years.
(3) Be a person who, in the judgment of the board, is qualified by experience or education, or both, to supervise a course of study.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Optometry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Optometry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
449.08, Stats., and interpreting ss.
449.01 (1),
449.07 and
449.08, Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
Opt 5.02 (1) and
(1m); to renumber and amend s.
Opt 5.02 (2); to amend s.
Opt 5.10 (3) and the Note following s. Opt. 5.10 (3); and to create ss.
Opt 5.02 (1) and
(5) and
5.16, relating to contact lens prescription release by optometrists.
Hearing Date, Time and Location
Date: July 13, 2001
Time: 10:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted: 449.01 (1), 449.07 and 449.08
In this proposed rule-making order the Optometry Examining Board amends ch.
Opt 5, relating to unprofessional conduct by optometrists.
Section Opt 5.02 (1), (1m) and (2) are renumbered Opt 5.02 (2), (3) and (4). Section Opt 5.10 (3) is amended to clarify that an optometrist is required to provide patients with copies of contact lens prescriptions under all circumstances, even if the prescriptions have changed, are outdated or may become outdated. The Note following s.
Opt 5.10 (3) is amended to include a reference to s.
Opt 5.16 relating to unprofessional conduct by optometrists for failure to release contact lens prescriptions.
Section
Opt 5.02 (1) is created to define “contact lens prescription" and s.
Opt 5.02 (5) is created to state that it shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for replacement contact lenses following release of the patient from contact lens fitting and initial follow-up care.
Text of Rule
SECTION 1. Opt 5.02 (1) is renumbered Opt 5.02 (2).
SECTION 2. Opt 5.02 (1) is created to read:
Opt 5.02 (1) “Contact lens prescription" means a prescription order for a contact lens that includes all of the following:
(a) The specifications needed to adequately duplicate a contact lens.
(b) The name, signature and license number of the prescribing optometrist.
(c) The date of the prescription.
(d) The date of expiration.
(e) Provisions for a reasonable number of refills.
SECTION 3. Opt 5.02 (1m) is renumbered Opt 5.02 (3).
SECTION 4. Opt 5.02 (2) is renumbered Opt 5.02 (4) and amended to read:
Opt 5.02 (4) “Lens prescription" means a written order which that contains the specifications for ophthalmic materials for a particular patient for the purpose of treating the refractive or functional abilities of the visual system or the enhancement of visual performance.
SECTION 5. Opt 5.02 (5) is created to read:
Opt 5.02 (5) “Replacement contact lens" means a contact lens that is dispensed to a patient following contact lens fitting and initial follow-up care.
SECTION 6. Opt 5.10 (3) and the Note following Opt 5.10 (3) are amended to read:
Opt 5.10 (3) It shall be unprofessional conduct for an optometrist to provide a patient with a copy of a lens prescription without considering whether the In any instance in which a prescription may have changed, is outdated or may become outdated. In any of these instances, it shall be unprofessional conduct for an optometrist to fail to print or stamp across the face of the prescription, “Warning: This lens prescription may be outdated and may not be relied upon for proper fit and correction" or, “Warning: This lens prescription expires on _______________, and may not be relied upon after this date for a proper fit or correction" or, “Expired." A prescription order shall be signed by a licensed optometrist, and the words “lens prescription" written or typed on the face of the order.
Note:
FTC Federal Trade Commission Rule 16 CFR
456.7 (a) 456.2 (a) requires the release of a spectacle prescription but does not require the release of a contact lens prescription.
Under s. Opt 5.16, it is unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for replacement contact lens following release of the patient from contact lens fitting and initial follow-up care.
SECTION 7. Opt 5.16 is created to read:
Opt 5.16 Contact lens prescription release. It shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for a replacement contact lens following release of the patient from contact lens fitting and initial follow-up care.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Public Service Commission
Hearing Date:
|
June 26, 2001
10:00 a.m.
|
Hearing Location:
|
Public Service Commission
610 North Whitney Way
Madison, WI
(Amnicon Falls Hearing Room - 1st Floor)
|
At its open meeting on May 15, 2001, the Commission adopted an emergency rule to amend s.
PSC 116.03 (4) and create s.
PSC 116.04 (1) (b) 6., Wis. Adm. Code, relating to the definition of fuel and permissible fuel costs. Under s.
227.24 (4), Stats., a hearing is necessary following adoption of an emergency rule. The emergency rule took effect upon publication. Publication took place on May 19, 2001.
Analysis Prepared by the Public Service Commission
1999 Wisconsin Act 9, s.
196.192 (2) (a), Stats., required investor-owned utilities to file with the Commission rates that result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use. This creates an option that can result in a buydown of firm customers' demand as a direct alternative to purchasing power on the wholesale market that is monitored under the fuel rules set forth at ch.
PSC 116, Wis. Adm. Code. Presently, the cost to buy back firm load does not meet the definition of “fuel" set forth at s.
PSC 116.03 (4), Wis. Adm. Code.
Fiscal Estimate
The Commission anticipates there will be no fiscal impact of the proposed rules on state and local units of government.
NOTICE IS GIVEN that a hearing will be held beginning on June 26, 2001, at 10:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.
Anyone having questions regarding the hearing schedule in this notice should contact Administrative Law Judge David C. Whitcomb, Public Service Commission of Wisconsin, P.O. Box 7854, Madison, Wisconsin 53707-7854.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at (608) 267-0912.
Questions regarding this matter may be directed to Assistant General Counsel Leon M. Swerin at (608) 267-3589 or the docket coordinator
Candice C. Spanjar at (608) 267-9537.
Emergency Rules
SECTION 1. PSC 116.03 (4) is amended to read:
PSC 116.03 (4) “Fuel" means coal, gas, nuclear fuel, oil, any other type of material used to generate electricity,
and electricity purchased or sold wholesale
., and the voluntary curtailable load acquired under s.
196.912(2)(a), Stats.
SECTION 2. PSC 116.04 (1) (b) 6. is created to read:
PSC 116.04 (1) (b) 6. The costs incurred in acquiring voluntary curtailable load under s.
196.192 (2)(a), Stats.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1), Stats., and interpreting s.
457.09, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to create s. SFC 3.13 (6), relating to course descriptions for students applying for social worker training certificates.
Hearing Date, Time and Location
Date: July 12, 2001
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statute interpreted: s.
457.09
In this proposed rule-making order the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors creates s. SFC 3.13 (6). Applicants for social worker training certificates must complete certain educational requirements, either before or after being granted the training certificate. Schools offering such courses may seek approval of their educational programs from the Social Worker Section. Currently, requests for such approval occasionally are received too late for the section to act on prior to the program being offered. In the past, courses which are already being taught have been disapproved. This rule will require schools offering social work courses offered to students applying for social worker training certificates to submit course descriptions of the proposed courses to the Social Worker Section for approval well in advance, perhaps six months prior to being taught.
Text of Rule
SECTION 1. SFC 3.13 (6) is created to read:
SFC 3.13 (6) APPROVAL OF COURSES FOR SOCIAL WORKER DEGREE EQUIVALENCY. (a) The section may approve in advance courses offered by an accredited college or university which may be taken by a social worker training certificate holder to satisfy the requirements of sub. (2) (a) to (d).
(b) To obtain advance section approval under par. (a), an accredited college or university must submit course syllabi at least 6 months prior to the commencement of the class. Section approval shall continue for 2 years unless the course content changes. After 2 years, course syllabi must be resubmitted for approval.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (3), Stats., and interpreting s.
457.08 (1) (c),
(2) (c),
(3) (d) and
(4) (d), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to create s. SFC 1.05 (7), relating to the state jurisprudence examination.
Hearing Date, Time and Location
Date: July 12, 2001
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
This proposed rule-making order was initially promulgated as
Clearinghouse Rule 00-158. It went through the rule-making process and was ready to be adopted by the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors. At the time of final adoption it was discovered that a change that should have been made was not made. Thus, the board is now proceeding with the correct language.
The Social Worker Section of the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors issues four different types of social worker certification, based on an applicant's education and experience. An individual who has received one type of certification may later apply for another type. All applicants are currently required to take and pass a state jurisprudence examination. The proposed change would eliminate the need to retake the state jurisprudence examination if the applicant passed the examination within the previous five years.
Text of Rule
SECTION 1. SFC 1.05 (7) is created to read:
SFC 1.05 (7) An applicant for certification as a social worker, advanced practice social worker, independent social worker or independent clinical social worker, need not take part II of the examination if within the 5 years preceding the date of application, the applicant took and passed part II in the process of applying for and receiving another social worker certification from the section.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07(4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
Friday, June 29, 2001
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 144-B
Madison, WI
9:00 AM
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends s.
Trans 276.07 (6),
(13) and
(24), Wis. Adm. Code, to add three segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments
1 that this proposed rule adds to the designated highway system are:
Hwy.
|
From
|
To
|
STH 27
|
USH 14 S.E. of Viroqua
|
STH 40 in Radisson
|
STH 60
|
USH 12 in Sauk City
|
IH 43 E. of Grafton
|
STH 156
|
STH 22 in Clintonville
|
STH 29 in Shawano County
|
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet
2, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
_____________________________________________
Note: 1 The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
Note: 2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
453.03 (1), Stats., and interpreting s.
453.07, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
VE 7.06 (14), relating to the definition of unprofessional conduct of the practice of veterinary medicine.
Hearing Date, Time and Location
Date: July 25, 2001
Time: 11:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 8, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statute interpreted: s.
453.07
In this proposed rule-making order the Veterinary Examining Board amends s.
VE 7.06 (14) to define as unprofessional conduct failure to notify clients that the person assisting the veterinarian is a veterinary student or unlicensed assistant. Currently, the rule only covers veterinary students.
Text of Rule
SECTION 1. VE 7.06 (14) is amended to read:
VE 7.06 (14) Failure of the veterinarian to advise the client that the person assisting is a veterinary student or an unlicensed assistant.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
