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NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sumner Matteson at (608) 266-1571 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
Based on an estimated 110 resident falconers and an estimated 5 nonresident falconers annually, the annual revenue from the new permit system is expected to amount to $3,250, which will be deposited into the Fish and Wildlife account of the conservation fund. Since a permit system is currently in place for resident and nonresident falconers, there is no major workload increase anticipated that is associated with processing applications.
Written comments on the proposed rule may be submitted to Mr. Sumner Matteson, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-32-01] and fiscal estimate may be obtained from Mr. Matteson.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
[CR 01-128]
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.733 (2) (f) and 227.11 (2) (a), Stats., interpreting s. 29.733, Stats., the Department of Natural Resources will hold public hearings on revisions to subch. II of ch. NR 16, Wis. Adm. Code, relating to fish farms. The proposed rule will:
1. Modify the definition of "natural body of water" to reflect existing water law regulation of "private" ponds and to expand the types of private ponds that are exempt from regulation.
2. Add an exemption for department permitted wetland ponds to the definition of natural body of water consistent with the exemption of waterways considered private under chs. 30 and 31, Stats.
3. Clarify the criteria the department will use to assess permit renewals after the 10-year permit expires.
4. Make minor housekeeping changes including updating permit application deadlines, clarifying statutory enforcement provisions and how multiple waterways on a contiguous parcel of property are permitted, and adding a definition for "department hatching and rearing facilities".
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Fish farms
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, December 18, 2001 @ 6:00 p.m.
Conference Rooms 1 & 2
DNR South Central Region Headquarters
Fish Hatchery Road, Fitchburg
Thursday, December 20, 2001 @ 6:00 p.m.
LMC Room, John Muir Middle School
1400 W. Stewart Ave., Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The minor revisions to the rule will not significantly affect the number of permits, workload, or fees associated with the permitting of natural bodies of waterused as fish farms.
Written comments on the proposed rule may be submitted to Mr. Steve Hewett, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-16-01] and fiscal estimate may be obtained from Mr. Hewett.
Notice of Hearing
Natural Resources
(Environmental Protection - Remediation, Chs. NR 700 —)
[CR 01-129]
NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting ss. 292.11 and 292.31 and ch. 160, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 700, 714, 722, 726 and 749, Wis. Adm. Code, relating to deed restrictions on contaminated lands and soil GIS registry. The rule changes proposed to ch. NR 726 are needed to clarify the criteria and process for applying deed restrictions and deed notices to contaminated properties where residual soil contamination remains after case closure. The rule changes authorize the creation of a soil geographic information system (GIS) registry that will be available on the Internet to replace the use of most soil deed notices. The rule changes in ch. NR 749 establish a fee of $200 to enable the Department to recover its costs in managing the GIS Registry. The fee will be charged at the time closure is requested. The soil GIS registry will be analogous to the groundwater GIS registry which will be available on the Internet. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination.
Because the GIS registry will provide public access to information about residual contamination at properties, this rule repeals s. NR 714.07(5) which previously required responsible parties to publish a legal notice in a local newspaper when they proposed a performance standard to address residual soil contamination. The rule specifies when deed restrictions are to be placed on properties with soil contamination remaining after site closure. The new rules will help ensure consistent application of deed restrictions by staff at the Department of Natural Resources and the Department of Commerce. The rule change will allow the owners of contaminated properties and other responsible parties to anticipate what restrictions on land use are likely to be required as a condition of case closure by clearly establishing the type of institutional controls that will be required by the agencies at the time of closure in various fact situations.
Other related changes to ch. NR 700 and 726 are included to define the term "industrial land use", to specify the contents of the required deed instruments and to make the rules that were recently adopted to implement a groundwater GIS registry consistent with these new soil GIS registry rules.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department?s consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, January 16, 2002 @ 10:00 a.m.
Video conference participation will be available at:
Room 021, GEF 2 Bldg, 101 South Webster St., Madison
Room 139, State Office Bldg, 718 W. Clairemont Ave.,
Eau Claire
Room 618, State Office Bldg, 200 N. Jefferson St., Green Bay
Room 542, State Office Bldg, 819 N. 6th Street, Milwaukee
Room 3, DNR Regional Headquarters, 107 Sutliff Avenue, Rhinelander
Lower Level Conf. Room, DNR Regional Hdqrs., 810 W. Maple St., Spooner
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dale Ziege at (608) 267-7533 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The rule package proposes a change in the ch. NR 749 fee schedule to enable the department to recover costs in maintaining the soild GIS registry. The fee is $200 per site added to the registry. It is estimated that 500 sites per year will be closed with residual soil contamination and will therefore be required to participate in the soil GIS registry.
Written comments on the proposed rule may be submitted to Mr. Dale Ziege, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than February 1, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-9-01] and fiscal estimate may be obtained from Mr. Ziege.
Notice of Hearing
Pharmacy Examining Board
[CR 01-134]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 450.03 (1) (g), Stats., as created by 2001 Wis. Act 16, and s. 450.04 (3) (b), Stats., as amended by 2001 Wis. Act 16, and interpreting ss. 450.03 (1) (g) and 450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order revising chs. Phar 1 and 2, relating to a pharmacy internship program.
Hearing Date, Time and Location
Date: December 11, 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 December 28, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2), and s. 450.03 (1) (g), as created by 2001 Wis. Act 16, and s. 450.04 (3) (b), as amended by 2001 Wis. Act 16.
Statutes interpreted: ss. 450.03 (1) (g) and 450.04 (3) (b)
In this proposed rule-making order the Pharmacy Examining Board creates rules relating to a pharmacy internship program to reflect statutory amendments to s. 450.04 (3) (b), Wis. Stat. effective December 31, 2001. Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.
SECTION 1 defines an "intern." This is necessary to maintain the distinction between the interns and technicians encompassed in Wis. Admin. Code ch. Phar 7. Interns, with limitations, practice pharmacy. Technicians do not practice pharmacy. Five classes of interns are created.
The first class of intern, s. Phar 1.02 (4e) (a), defines an intern as a student who is practicing as part of a practical experience program sponsored by the student's school or college of pharmacy.
The second class of intern, s. Phar 1.02 (4e) (b), defines a student who practices under the direct supervision of a pharmacist. This type of intern typically engages in the practice of pharmacy within the context of summer internships for no credit under a practical experience program.
The third class of intern, s. Phar 1.02 (4e) (c), defines foreign graduates applying for original licensure who may not have completed a traditional pharmacy internship therefore needing a means to complete an internship in the practice of pharmacy in this state.
The fourth class of intern, s. Phar 1.02 (4e) (d), defines recent graduates from an approved pharmacy school who have filed an application for licensure with the board and are awaiting board action. This class of intern may need either to obtain additional hours of internship credit to qualify for original licensure, or may be working under the direct supervision of a pharmacist while awaiting final board action on their application.
The fifth class of intern is a statutory creation, restating in the rule for clarity the provisions of s. 450.03 (1) (g), Wis. Stat. These persons have applied for a license under s. 450.05, Wis Stat. (out-of-state licensees) and their practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application. This class of intern is not included within the definition of "internship" because this intern does not need to satisfy an internship requirement for licensure under s. 450.05, Wis. Stat. However, a definition as an "intern" is still necessary to place such persons and their supervising pharmacists on notice of the requirements and distinctions between interns and technicians created by Wis. Admin. Code ch. Phar 7.
An internship in the practice of pharmacy is defined to mean the completion of 1,500 hours in aggregate in the practice of pharmacy in the delineated categories. Not all of the required 1,500 hours need to be completed in any one category, yet a minimum of 1,500 hours must be earned and certified. There are five types of categories of internship experience.
The first category is the practice of pharmacy in a practical experience program consisting of the practice of pharmacy sponsored by a professional Bachelor's of Science degree in pharmacy or Doctor of Pharmacy degree granting institution located in this or another state.
The second category is the practice of pharmacy by a qualified student under the direct supervision of a pharmacist. The hours earned in this category may not count as a part of a practical experience program if previously credited therein. Hours earned in this second category are therefore considered in addition to the hours earned in the practical experience program.
The third category allows foreign graduate applicants applying for original licensure to earn internship credits to qualify for original licensure. This internship is limited to a maximum of 2,000 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fourth category allows applicants for original licensure awaiting board action on their application to practice pharmacy under the direct supervision of a pharmacist during the pendency of their application. This internship is limited to a maximum of 1,500 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fifth category is created by statute at s. 450.04 (3) (b), Wis. Stat. The statute allows the board to grant credit for practical experience acquired in another state which is comparable to include in an internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired. In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s. 450.01 (16), Wis. Stat.
SECTION 3 creates the definition of a "supervising pharmacist" who supervises an intern in the practice of pharmacy.
SECTION 4 amends the requirement for original licensure removing the statutory reference to Wis. Stat. s. 450.045, which was repealed.
SECTIONS 5 and 6 amend the required proofs necessary to evidence the successful completion of an internship in the practice of pharmacy and the payment of fees under that 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
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