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 March 26, 2002 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), 450.02 (2) and (3) (e), 450.03 (2) and 450.04 (1), Stats.
Statutes interpreted: s. 450.02 (2), Stats.
This proposed rule-making order of the Pharmacy Examining Board is intended to more closely identify those out-of-state applicants who have not devoted a sufficient portion of their practice to the consultation of patients which includes the provision of information on legend and non-prescription drugs and advice relating to therapeutic values and potential hazards and the uses of drugs and devices. The proposed modification of the rule defining “active practice of pharmacy" is therefore 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.
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
Wisconsin Technical College System Board
[CR 01-137]
NOTICE IS HEREBY GIVEN that pursuant to ss. 38.305 (4) and 227.11 (2), Stats., and interpreting ss. 38.24 (2) and 38.305, the Wisconsin Technical College System Board will hold a public hearing at the WTCSB Board Room, 310 Price Place in the city of Madison, WI, on the 27th day of February 2002, at 9:00 a.m., to consider the amendment of rules relating to residency, admissions, and fee refunds and to Technical and Occupational Program grants to students.
Analysis Prepared by the Technical College System Board
Statutory authority: ss. 38.305 (4) and 227.11 (2), Stats.
Statutes interpreted: ss. 38.24 (2) and 38.305, Stats.
Tuition and fee refunds. The Wisconsin Technical College System (WTCS) refund policies and procedures are promulgated as administrative rules and have remained essentially unchanged since they were established several decades ago. The last modification was made in 1994 to implement a change in federal regulations related to financial aids recipients. However, there has been a movement over the years from traditional semester length classroom based courses to alternate length classroom and distance education based courses. Also, the federal regulations related to financial aid recipients have again been modified prompting a review of the current rules. Based on these factors, a committee comprised of State Board and District staff reviewed the current WTCS refund policies and procedures to determine if they are relevant and appropriate and to recommend modifications the committee deems necessary to address current and future course offerings.
After a review of the current refund policies, the committee determined that, although appropriate, these policies needed updating both to conform to current federal law and to clarify (and consolidate) the method of calculating refunds since the two methods currently being used are intended to result in the same amount of refund.
Grants to Students (TOP Grants). The 2001-2003 biennial budget, (2001 Wis. Act 16), contains two provisions that affect student eligibility for TOP grants. First, beginning July 2001, students who enroll full-time in a technical college occupational program within three years of earning a certificate of general educational development (GED) from the Wisconsin State Superintendent of Public Instruction are now eligible for TOP grants. Second, the eligibility period for the grants has been reduced from two-years to one-year and the total possible grant award has been reduced from $1,000 to $500 for all students receiving their first TOP grant in the 2001-2002 or subsequent school year.
Chapter TCS 16, implements s. 38.305, and authorizes the State Board to establish rules to implement and administer grants to students, along with rules on refunding a grant if a student becomes ineligible for the grant award. The proposed rule amendments reflect the statutory changes enacted in 2001 Wis. Act 16.
TEXT OF RULE
Section 1. TCS 10.08 (1) is amended to read:
TCS 10.08 (1) General Provision. In this section, all refund provisions may be superseded by state or federal law.
Section 2. TCS 10.08 (2m) (title) and (2m) is created to read:
TCS 10.08 (2m) Course Section Drop/Adds. A student who drops one section of a course and simultaneously enrolls in an equivalent section of the same course shall not receive a refund of course fees for the dropped section or be charged course fees for the added section. The student may be charged a processing fee as allowed under sub. (3) (g). For the purpose of this subsection, an equivalent section is one offered for the same credit value, is subject to the same dollar amount of student fees and is at substantially the same point in the course curriculum at the time of the drop/add.
Section 3. TCS 10.08 (3) (b) (intro) is amended to read:
TCS 10.08 (3) (b) A student who drops one or more courses and prior to the issuance of a refund for the dropped course or courses adds one or more courses shall have the program fees, material fees and tuition for the dropped course or courses applied to the tuition and fee charges of the added course or courses, subject to the following:
Section 4. TCS 10.08 (3) (b) 2. is amended to read:
TCS 10.08 (3) (b) 2. Where the fees for a dropped course or courses exceed applicable fees for an added course or courses, students will receive a refund pursuant to pars. par. (c) and (d).
Section 5. TCS 10.08 (3) (c) is amended to read:
TCS 10.08 (3) (c) Except as provided under pars. (a) and (b), refunds for courses which are scheduled to meet for one semester or longer, shall be:
Section 6. TCS 10.08 (3) (c) 1. is amended to read:
TCS 10.08 (3) (c) 1. 80% of program fees, material fees and out-of-state tuition if application for refund is made during the first 14 calendar days of the term's beginning date before or at the time 10% of the course's total hours of instruction have been completed.
Section 7. TCS 10.08 (3) (c) 2. is amended to read:
TCS 10.08 (3) (c) 2. 60% of program fees, materials fees and out-of-state tuition if application for refund is made during the 15th through 28th calendar day of the term's beginning date after 10% but before more than 20% of the course's potential hours of instruction have been completed.
Section 8. TCS 10.08 (3) (d) is repealed.
Section 9. TCS 10.08 (3) (e) is amended to read:
TCS 10.08 (3) (e) No refund shall be granted if application is made after the 28th calendar day for courses scheduled to meet a semester or longer, or after 20% of the course's total potential hours of instruction have been completed in courses scheduled to meet less than a semester.
Section 10. TCS 10.08 (4) is repealed.
Section 11. TCS 16.02 (3) is repealed and recreated to read:
TCS 16.02 (3) (3) “Date of record" means the day when 10% of the potential hours of instruction of the course have been completed based on when the student is first scheduled to attend the course.
Section 12. TCS 16.02 (9) is amended to read:
TCS 16.02 (9) “First-year student" means any technical college student who has earned, completed, or received no more than 18 postsecondary credits after graduating from high school or receiving a GED certificate as defined in s. TCS 16.02 (9m). Any postsecondary credit earned while serving on active duty in the U.S. armed forces may not be counted against this credit limitation.
Section 13. TCS 16.02 (9m) is created to read:
TCS 16.02 (9m) “GED" means a general educational development certificate issued by the state superintendent of public instruction under s. 115.29 (4).
Section 14. TCS 16.02 (11) is amended to read:
TCS 16.02 (11) (11) “Graduated from high school" means having received a high school diploma in satisfaction of school board requirements under s. 118.33 PI 5.02 (8), or a high school equivalency diploma under s. 115.29 (4), Stats.
Section 15. TCS 16.02 (19) is repealed.
Section 16. TCS 16.03 is amended to read:
TCS 16.03 Period of initial eligibility. The eligibility period for an initial TOP grant begins on the date a person graduates from high school or receives a GED and ends on his or her initial eligibility end date.
Section 17. TCS 16.04 (1) is amended to read:
TCS 16.04 (1) The student has graduated from high school or received a GED as verified by the district.
Section 18. TCS 16.05 (3) is amended to read:
TCS 16.05 (3) A grant recipient is eligible to receive up to 2 TOP grants totaling no more than $500 per school year within a 12-month period from the date of receipt of the first TOP grant. In no case shall a grant recipient be awarded more than 4 TOP grants in total.
Section 19. TCS 16.05 (4) is repealed.
Section 20. TCS 16.06 (intro) is amended to read:
TCS 16.06 Continuation of TOP grant eligibility. To receive a TOP grant for a 2nd, 3 rd, or 4th semester after receiving an initial grant award, a student shall meet all of the following eligibility requirements on the date of record:
Section 21. TCS 16.07 is repealed and recreated to read:
TCS 16.07 Refunding policy. (1) A student who either fails to attain a 2.0 GPA or who is not enrolled full-time during the semester in which he or she was awarded a TOP grant shall forfeit any remaining eligibility for subsequent TOP grant awards.
(2) A student who has received a TOP grant under s. TCS 16.05 or 16.06 may request an exemption for reasons owing to personal hardship during the semester in which he or she received the grant. The district director or designee shall approve or deny an exemption request before the end of the semester in which the request was made. A student who has received approval for an exemption is not subject to the provisions of sub. (1) for the subsequent semester in which he or she is eligible for a TOP grant, following the approval of the exemption.
(3) A student may apply for one exemption under sub. (2).
(4) The district director or designee shall seek a full refund of all TOP grant monies from any student awarded such funds if the district director or designee finds, after giving written notice and an opportunity to be heard, that the student received a grant as a result of deception, fraud, misinformation, or error in providing his or her registration information for an initial or continued TOP grant award. A student who is found to have received a grant award based upon any of the aforementioned reasons forfeits any remaining eligibility for subsequent TOP grant awards. No student may be required to refund any grant award if the findings result in a determination that the award was due to error not attributable to the student. In such a case, the student is no longer eligible for any remaining TOP grant awards.
Written Comments
The public record on this proposed rule will be held open until the close of business on Thursday, March 7, 2001. Written comments from people unable to attend the public hearing or who want to supplement testimony offered at the hearing may be submitted for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to the Contact Person listed below. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
These proposed rules will have no adverse impact on small businesses.
Fiscal Estimate
A copy of the proposed rules and the full fiscal estimate may be obtained from the Wisconsin Technical College System Board upon request.
Contact Person
Questions concerning these rules may be directed to Morna K. Foy, Policy Analyst, Wisconsin Technical College System Board, 310 Price Place, P.O. Box 7874, Madison, Wisconsin 53707-7874.
It is the policy of the WTCSB to provide accommodations to person with disabilities that may affect their ability to access or participate in WTCSB activities. Persons may request assistance or accommodation for the scheduled public hearing by contacting Ms. Foy at (608) 266-2449, or accessing the TTY line at (608) 267-2483 on or before February 20.
Notice of Hearing
State Treasurer
[CR 02-009]
NOTICE IS HEREBY GIVEN that pursuant to section 14.64 (2) (e), Stats., and s. 15, 2001 Wis. Act 7, and interpreting s. 14.64 et seq., Stats., the Office of the State Treasurer, on behalf of the College Savings Program Board, will hold a public hearing on both the Board's emergency rulemaking order and proposed permanent order creating Chapter Treas 1 of the Wis. Adm. Code, relating to the College Savings Program.
Hearing Date, Time and Location
Date:   Tuesday, March 5, 2002
Time:   10:00 a.m.
Location:   Conference Room         Firstar Building         1 South Pinckney Street, 5th Floor         Madison, WI 53703
The hearing is being held in an accessible facility. Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Marty Olle, Office of the State Treasurer, P.O. Box 7871, Madison, WI 53707-7871. Written comments must be received by March 15, 2002, to be included in the rule-making proceedings.
Proposed order
The Wisconsin College Savings Program Board creates Treas 1 of the Wisconsin Administrative Code.
Analysis prepared by the Office of the State Treasurer
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.