Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11,
961.16 and
961.19, Stats., and interpreting s.
961.20 (2), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.28, relating to classifying dichloralphenazone as a schedule IV controlled substance under federal law.
Hearing Date, Time and Location
Date: April 3, 2002
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
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 April 17, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
By final rule of the Drug Enforcement Administration (DEA), adopted effective August 16, 2001, dichloralphenazone was classified as a schedule IV controlled substance under the federal Controlled Substances Act (CSA). Dichloralphenazone has not been so scheduled under the Wisconsin Controlled Substances act in Chapter
961, Wis. Stats. The objective of this rule-making order is to bring the treatment of this drug into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. Schedule IV controlled substances are listed in
21 CFR 1308.14. Section 1308.14 (c) lists chloral hydrate as a depressant. The first sentence of
21 CFR 1308.14 (c) states that the category of schedule IV depressants includes “any material, compound, mixture, or preparation which contains any quantity of" the substances listed in the section. Since dichloralphenazone is a compound containing chloral hydrate, it is likewise a schedule IV depressant. This forms the basis for the DEA action.
Text of rule
CSB 2.28 Addition of dichloralphenazone to schedule IV. Section
961.20 (2) (cs), Stats., is created to read:
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
Financial Institutions - Securities
NOTICE IS HEREBY GIVEN that pursuant to sections
551.02 (3) (c),
551.31 (5) and
551.63 (2), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4th Floor Conference Room, at 10:00 a.m. on Wednesday,
May 15, 2002, to consider the adoption of administrative rules of the Division of Securities under the Wisconsin Uniform Securities Law relating to bank sales of certificates of deposit of third-party financial institutions.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison, Wisconsin, 53701.
Summary Analysis Prepared by the Division of Securities
The Division currently has administrative rules in DFI-Sec 4.10 (1) to (4) entitled “Bank Agency Transactions." That series of rules sets forth the requirements to be met for a bank, savings institution or trust company (“bank") not to have to be licensed as a broker-dealer in Wisconsin in order to execute transactions involving various types of securities as an agent for public investor-purchasers or sellers of the securities.
Currently, when a bank sells its own certificates of deposit (“CDs") to purchasers, such does not trigger the Wisconsin securities broker-dealer licensing requirements. However, when a bank sells CDs of third-party financial institutions, such sales activities do not come within current Wisconsin statutory definitional exclusions or current administrative rules establishing exclusions from broker-dealer licensure for banks involved in effectuating securities transactions as agent for investors.
As a result, Wisconsin banks cannot engage in this activity, and Wisconsin investors cannot purchase at their “home" bank, the CDs of other financial institutions, unless and until an administrative rule with appropriate and necessary investor protections is enacted to enable those sales activities to take place. The proposed rules [which also involve a renumbering of current DFI-Sec 4.10 (1) to (4) to be DFI-Sec 4.10 (1) (a) to (d)] would create a new subsection (2) under existing Bank Agency Transactions rule s.
DFI-Sec 4.10 to deal separately with this situation where the type of security involved in the transaction effectuated by the bank is a certificate of deposit issued by a third-party financial institution. Because the scope of authority under ss.
551.02 (3) (c) and
551.31 (5), Stats., for rule-making on this subject is limited to sales activities by banks, savings institutions and trust companies (the entities specified under s.
551.22 (3), Stats.), the proposed rules cannot include savings and loan associations, savings banks or credit unions (which are entities separately listed under ss.
551.22 (4) and
(5), Stats.).
Because the CDs involved in such transactions under the proposed rules would be federally-insured certificates of deposit in amounts not exceeding the $100,000 per investor insurance levels under Federal Deposit Insurance Corporation provisions (such that there is no risk of loss of principal to an investor), the entirety of the existing rules under DFI-Sec 4.10 (1) to (4) is not made applicable. Rather, in addition to those parts of current rules s.
DFI-Sec 4.10 (1) to
(4) that will be utilized, the proposed rules include several of the specific requirements currently contained in existing administrative rule DFI-Sec 4.11 relating to sales to the public by securities broker-dealers of so-called “brokered certificates of deposit."
The components of the proposed rule include the following:
(1) Supervisory requirements to be met by the bank regarding persons involved in providing administrative services and executing the CD transactions, which requirements correspond to existing requirements in current rule s.
DFI-Sec 4.10 (1) (b) 2.
(2) Record-keeping requirements to be met by the bank relating to the CD transactions that correspond to existing requirements in current rule DFI-Sec 4.10(2).
(3) Disclosure requirements to be met--applicable to general advertising materials as well as materials used individually with investors--that are derived from current “brokered certificates of deposit" rule subsections in DFI-Sec 4.11 (1).
(4) The certificates of deposit involved in transactions under the rule may not exceed $100,000 per investor such that, due to the existence of FDIC deposit insurance up to that level, there is no risk of loss of principal to investors.
A copy of the proposed rules to be considered may be obtained upon request to the Division of Securities, Department of Financial Institutions, 345 West Washington Avenue, 4th Floor, P.O. Box 1768, Madison, Wisconsin 53701.
Fiscal Estimate
A summary of the fiscal effects of the proposed rule revisions is as follows: (i) No one-time revenue fluctuations or annual fiscal effects; (ii) No long-range fiscal implications; (iii) No fiscal effect on local units of government.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that could be affected by certain of the rule revisions are:
Because the proposed rules are applicable only to banks, the standard small business considerations under 227.114 (1) (a), Stats., are not involved. Additionally, because all Wisconsin investors are entitled to the public investor protection benefits of the proposed rules, the rules do not differentiate in their applicability based on the size of the bank conducting the sales activities under the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Under par. (d) of proposed new DFI-Sec 4.10 (2), banks making sales of the CDs of third-party financial institutions pursuant to the rule are required to make and retain for a three (3) year period, a record of CD purchases made. The rule provides that such record-keeping requirements can be satisfied by keeping copies of purchase applications and customer checks, or copies of confirmations from the issuing financial institution.
Copies of Rule and Contact Person
A copy of the full text of the proposed rule revisions and fiscal estimate may be obtained from:
Randall E. Schumann (608) 266-3414
Legal Counsel for the Division of Securities
Department of Financial Institutions
345 West Washington Avenue, 4th Floor
P. O. Box 1768
Madison, WI 53701
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
448.40 (1), Stats., and interpreting ss.
448.015 (4) and
448.02 (3), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Med 10.02 (2) (zc), relating to defining failing to cooperate in a timely manner in an investigation as unprofessional conduct.
Hearing Date, Time and Location
Date: April 24, 2002
Time: 8:30 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 May 15, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The Medical Examining Board wants to include as unprofessional conduct the failure of a credential holder to cooperate in a timely manner with an investigation. The board wants it to be unprofessional conduct on the part of the credential holder for failing to cooperate by providing information the board has requested in a pending investigation within 30 days and be able to charge that credential holder with unprofessional conduct for failing to cooperate. The board has attempted on several occasions to obtain information from a credential holder on a complaint the board has received which they wish to investigate further but need information from the credential holder.
Text of Rule
SECTION 1. Med 10.02 (2) (cz) is created to read:
Med 10.02 (2) (zc) After a request by the department, failing to cooperate in a timely manner with the department's investigation of a complaint filed against the credential holder. There is a rebuttable presumption that a credential holder who takes longer than 30 days to respond to a request of the department has not acted in a timely manner.
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
NOTICE IS HEREBY GIVEN that pursuant to s.
977.02 (4m) Stats., and interpreting s.
977.075 (1) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2
nd Floor, in the city of Madison, Wisconsin, on the
1st day of April 2002, from 9:00 a.m. to 11:00 a.m. to consider the amendment of s.
PD 6.02, related to the repayment of cost of legal representation. Reasonable accommodations will be made at the hearing for persons with disabilities.
Analysis prepared by the Wisconsin State Public Defender
Section
977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation. Section
977.075 (1) requires that the state public defender board establish by rule fixed amounts as flat payments for the cost of representation that a person may elect to pay. Section
PD 6.02 (1) is the original rule that was promulgated as required by s.
977.075 (1). The rule provides a flat payment schedule for persons electing to pay within 30 days of the appointment of counsel.
The state public defender board authorized a pilot project beginning in April 1998 in the 14 counties listed below. This project provided 60 days, instead of 30, to pay the lower prepayment amount as satisfaction of the payment obligation.
Adams Forest Langlade Oneida
Price Waupaca Vilas Florence
Kenosha Marathon Portage Taylor Wood Lincoln
The board authorized the expansion of the project to include Milwaukee in January 2000. Based on 24 months of data, the number of prepayments increased about 2.6% annually in Milwaukee. The 14 counties in the project outside of Milwaukee experienced a 3.3% increase in prepayments.
The proposed rule would amend s.
PD 6.02 (1) to provide a 60-day flat payment option for all counties. It is anticipated that such a rule would result in similar increases in payments in the additional counties.
Fiscal Estimate
It is anticipated that expanding the 60 day prepayment option statewide will increase revenues annually approximately $110,000. Copies of the full fiscal estimates are freely available from the contact person.
Initial Regulatory Flexibility Analysis
The proposed amendment would not have a regulatory effect on small businesses.
Copies of Rule and Contact Person
For copies of the proposed amendment to the rule, or if you have questions, please contact Deborah Smith, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 261-8856.
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by April 1, 2002.
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
119.23, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules, relating to Milwaukee parental choice program. These rules were promulgated as emergency rules effective January 28, 2002. The hearing will be held as follows:
Hearing Date, Time and Location
April 9, 2002 Milwaukee
4:00 - 6:00 p.m. Milwaukee Technical College
700 West State Street
Room M616
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Bob Soldner at (608) 266-7475 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than April 15, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis prepared by the Department of Public Instruction
2001 Act 16 modified provisions under s.
119.23, Stats., relating to the Milwaukee Parental Choice Program (MPCP). To reflect the statutory changes Chapter
PI 35 would be modified to:
•
Change the date a private school must annually submit notice of its intent to participate in the program from May 1 to February 1.
•
Reduce payments from MPCP summer school by 60%.
Other changes would be made to better ensure that participating schools are safe and make it easier for parents to participate in the program, including:
•
Creating optional open application periods for participating private schools starting in the 2002-03 school year.
•
Changing the dates student applications are due at the department.
•
Stating that submission of temporary permits would not meet the safety requirements of this program.
In addition, the following technical modifications would be made to Chapter
PI 35:
•
Define in rule, rather than by cross-reference to statute, “pupils enrolled" and “membership."
•
Eliminate conflicting language related to the attendance standard that schools can meet to continue participation in the program in the following school year.
•
Clarify the language related to counting students for the purpose of payment under the program and the requirement to return checks received by the school for students not present on the count dates.
•
Modify references to the name of the program in the rule to make it consistent with the statutory name of the program.
Fiscal Estimate
Local and State
The rules make several modifications to the Milwaukee Parental Choice Program (MPCP). It is assumed the only rule modification that will have a fiscal effect is the reduction in the MPCP summer school payment made as a result of
2001 Wisconsin Act 16.
In FY02, prior to the enactment of Act 16, the MPCP summer school payment was calculated by multiplying the FTE summer school choice membership (158 FTE) by the per pupil payment of $5,553 totaling approximately $877,400. Act 16 requires the per pupil payment amount for summer school to be multiplied by 40%, reducing the summer school payment by 60%. For example, if the new calculation under Act 16, were applied to the FY02 summer school payment, $350,900 ($5,553 X 40% X 158 FTE) would have been paid. This amount is $526,500 (60%) less than what was paid using the previous formula ($877,400).
Under current law, 45% of the MPCP's cost is funded from a reduction in general equalization to Milwaukee Public Schools (MPS) and 55% from state general purpose revenue. MPS can replace the reduction in state aid with an increase in its property tax levy. Therefore, this provision:
Could allow MPS to reduce its levy by $236,925 ($526,500 X 45%).
Would allow the state to provide $289,575 less in funding ($526,500 X 55%).
Private Schools
As described above, Act 16 will reduce payments made to private schools offering MPCP summer school by 60%.
Agency
These rules will not have a fiscal effect on agency revenues or costs.
Initial Regulatory Flexibility Analysis
The proposed rules will not have an additional fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats, in implementing the provisions under Act 16.
Notice of Hearing
Hearing Date, Time and Location
Tuesday, April 30, 2002, 10:00 a.m.
Public Service Commission, 610 North Whitney Way, Madison, WI (Amnicon Falls Hearing Room – 1st Floor).
The Commission proposes an order to make application of s.
PSC 113.0609, Wis. Adm. Code, relating to customer satisfaction surveys discretionary with respect to municipal utilities, and to incorporate technical corrections to ch.
PSC 113, Wis. Adm. Code.
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., a hearing will be held on Tuesday, April 30, 2002, at 10:00 a.m., in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, to consider the revision of these service rules for electric utilities. 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 docket coordinator listed at the end of this notice.
Analysis prepared by the Public Service Commission
The objective of this rulemaking is to make modifications to ch.
PSC 113, Wis. Adm. Code, based upon review after the repeal and recreation of the Chapter, which became effective in August 2000.
The proposed revisions to ss.
PSC 113.0402 (3) (b) and
113.0403 (4) (b), Wis. Adm. Code, are proposed to modify the timing requirements to be consistent with other sections in the chapter.
The objective of the revision to s.
PSC 113.0609, Wis. Adm. Code relating to customer satisfaction surveys is to make the provision of such surveys by municipal utilities discretionary. Its purpose in part is to recognize that municipal utilities focus solely on core electric utility services, are small in size, and have a close relationship with their customers. The intention of the surveys is to ensure that competition in non-core services does not adversely affect the quality and value of core utility services. The implementation of the surveys by the municipal utilities would be an unnecessary cost burden with less benefit from mandated surveys of municipal customers than would be gained from surveys of customers of larger investor-owned utilities.
The proposed revision to s.
PSC 113.0803 (1) Wis. Adm. Code would add the phrase “residential care apartment complex or similar facility" to follow Commission decisions incorporating such facilities as exempted from the separate metering requirement.
The proposed elimination of s.
PSC 113.0811 (4) Wis. Adm. Code is because prepayment meters are not allowed.
A statement of scope on this rule was approved by the Commission on September 13, 2001, and was published in the Wisconsin Administrative Register on October 15, 2001.
TEXT OF PROPOSED RULE
Section 1. PSC 113.0402 (3) (b) is amended to read:
PSC 113.0402 (3) (b) Upon termination of a guarantee contract, or whenever the utility deems the guarantee insufficient as to amount of surety, a cash deposit or new or additional guarantee may be required upon 20-day written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon 8 10 days' written notice.
Section 2. PSC 113.0403 (4) (b) is amended to read:
PSC 113.0403 (4) (b) On termination of a guarantee contract, or whenever the utility deems the amount of surety insufficient, a cash deposit or a new or additional guarantee may be required on 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on 8 10 days written notice, subject to the establishment of an installment payment agreement.
Section 2. PSC 113.0607 (2) (b) 1a is amended to read:
PSC 113.0607 (2) (b) 1a 1. Inspection a. the Plan shall include a schedule for the periodic inspection as approved by the commission) of all facilities owned and operated by the utility and used to provide electric service to its customers. The Plan shall describe the method for inspection of each type of equipment as designated by the reporting utility. Checklist/report forms shall be included in the Plan.
Section 4. PSC 113.0607 (2) (b) 6 is amended to read:
PSC 113.0607 (2) (b) 6 Reporting requirements. Each utility shall provide a periodic report to the commission showing compliance with its Preventative Maintenance Plan. The report shall include a list of inspected circuits and facilities, the condition of the facilities according to established rating criteria, schedules established and success at meeting the established schedules. For generation facilities, the report shall include a summary of each generating unit's operating performance statistics based on the utility's GADS data, or other accepted industry data convention. Reported generating unit performance data shall include net dependable capacity, capacity factor, forced outage rate, scheduled outage rate factor, primary fuel and production technology type. The commission shall establish a periodic report schedule for each utility of at least once every 2 years.
Section 7. PSC 113.0609 (1) is amended to read:
113.0609 (1) Using methods approved by the commission, the utility each municipally owned electric public utility, as directed by the commission where there is cause to do so, and each investor-owned electric public utility, on an annual basis, shall fund annual regular quantitative assessments, made by an independent entity, of the satisfaction of all customer classes with the services they have received from the utility. The results of these assessments shall be filed with the commission. The utility shall provide to the commission a detailed report of the information from any research it has conducted in the past year to help assess:
(a) The satisfaction of the utility's customers with the services they have received from the utility.
(b) The specific new services or alterations to existing services desired by customers.
Section 6. PSC 113.0701 (1) is amended to read:
113.0701 (1) “Flicker" or “voltage flicker," as described by IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means a variation of input voltage sufficient in duration to allow visual observation of a change in electric light intensity.
Section 7. PSC 113.0701 (2) is amended to read:
113.0701(2) “Harmonic distortion," as defined by IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed.means a mathematical representation of the distortion of the pure sine waveform. Distortion of the pure sine waveform is typically caused by loads that draw current discontinuously or whose impedance varies during the cycle of the input ac voltage waveform.
Section 8. PSC 113.0701 (4) is amended to read:
113.0701 (4) “power quality," as defined by
IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means the concept of powering and grounding sensitive electronic equipment in a manner that is suitable to the operation of that equipment.
Section 9. PSC 113.0701 (6) is amended to read:
113.0701 (6) “Sag," as defined by IEEE Std 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means an rms reduction in the ac voltage at the power frequency, for durations from a half-cycle to a few seconds.
Section 10. PSC 113.0701 (7) is amended to read:
113.0701 (7) “Swell," as defined by IEEE Std. 1100-1992the Authoritative Dictionary of IEEE Standard Terms-7th Ed., means an rms increase in the ac voltage, at the power frequency, for durations from a half-cycle to a few seconds.
Section 11. PSC 113.0701 (8) is amended to read:
PSC 113.0701 (8) “Transient," as defined by
IEEE Std. 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means a subcycle disturbance in the ac waveform that is evidenced by a sharp but brief discontinuity of the wave form. It Mmay be of either polarity and may be additive to or subtractive form the nominal waveform.
section 12. PSC 113.0803 (1) is amended to read:
PSC 113.0803 (1) Individual electric meters required for non-transient multi-dwelling unit residential buildings, mobile home parks, and for commercial establishments. Each dwelling in a multi-dwelling unit residential building and mobile home park constructed after March 1, 1980, shall have installed a separate electric meter for each such dwelling unit. Dwelling unit means a structure or that part of a structure which is used to or intended to be used as a home, residence or a sleeping place by one or more persons maintaining a common household and shall exclude transient multi-dwelling buildings and mobile home parks: for example, hotels, motels, campgrounds, hospitals, community-based residential facilitiesy, residential care apartment complexes or similar facilities, nursing homes, college dormitories, fraternities, and sororities.
Section 13. PSC 113.0811 (4) is repealed.
Section 14. PSC 113.0912 (1) (a) is amended to read:
PSC 113.0912 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's certified test results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
Section 15. PSC 113.0913 (1) (a) is amended to read:
PSC 113.0913 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
Section 16. PSC 113.0914 (1) (a) is amended to read:
PSC 113.0914 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's certified test results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
EFFECTIVE DATE; This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s.
227.22 (2) (intro), Stats.
Initial Regulatory Flexibility Analysis
In s.
PSC 113.0403 (4) (b), Wis. Adm. Code, there is an increase in the written notice required to be provided to the commercial customer prior to disconnection. In s.
PSC 113.0609 (1), Wis. Adm. Code, municipal utilities would be allowed to provide customer satisfaction surveys on an as needed basis rather than annually. Section
PSC 113.0803 (1) Wis. Adm. Code, would add residential care apartment complexes or similar facilities to the type of unit excluded from requiring a separate electric meter for each dwelling unit. Otherwise the proposed rules will have no effect on small business.
Fiscal Estimate
This rule has no fiscal impact. A completed Fiscal Estimate form is included as Attachment A.
Copies of Rule and Contact Person
Questions regarding this matter should be directed to docket coordinator Terri Kosobucki at (608) 267-3595. Hearing or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.
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 above.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
480.08 (6), Stats., and interpreting s.
480.08 (6), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
RL 128.02 (2),
128.04 (5) and
128.07; to amend ss.
RL 128.02 (1),
(4) and
128.04 (1); to repeal and recreate s.
RL 128.03; and to create ss.
RL 128.015 and
128.04 (1m) and a Note following s.
RL 128.04 (1m), relating to education requirements prior to first renewal, courses and examinations, approval of educational programs, courses and instructors.
Hearing Date, Time and Location
Date: March 26, 2002
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 281
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 April 5, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
In this proposed rule-making order the Department of Regulation and Licensing, with the advice and counsel of the Auctioneer Board, amends ch.
RL 128 for the purpose of reestablishing continuing education requirements for registered auctioneers. The current provisions in ch.
RL 128, state the requirements for the approval of courses and instructors, the certification of completion of courses, and an optional test-out examination. However, these provisions have had no validity since December 31, 2000, because a sunset provision in s.
RL 128.07 stated that this chapter only applied to registered auctioneers when renewing a registration as an auctioneer for the January 1, 1999-December 31, 2001 biennium.
In proposing to reestablish continuing education for auctioneers, the department proposes to amend several of the provisions that are in the current rule and to create a few new provisions. The following substantive changes are proposed:
Section
RL 128.02 (1) reduces the number of continuing education hours from 9 to 6 hours each biennium. This section continues the requirement for an indefinite period of time. This section also exempts registrants from the continuing education requirement if they had obtained an initial registration certificate within 6 months before the renewal deadline.
Section
RL 128.03 (1) gives the department the authority, with the advice and recommendations of the board, to determine the contents of the 6 hours of instruction every 2 years before the beginning of a new licensing biennium. Section
RL 128.03 (2) requires a course provider to give a written examination subsequent to the completion of instruction of each course. A registered auctioneer would be required to pass the examination in order to receive credit for the course. The rule also defines the nature of the examination and the requirements for passing the examination.
Section
RL 128.04 (1m) describes the conditions for approval of distance education courses. “Distance education" is defined in s.
RL 128.015.
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
218.0152 (1) and
227.11, Stats., and interpreting ss.
218.0116 (1) (cm),
(e),
(gm),
(im) 2.,
(j) and
(km),
218.0141 and
218.0144, Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
4th day of
April, 2002, at
1:00 PM, to consider the amendment of ch.
Trans 139, Wis. Adm. Code, relating to motor vehicle trade practices.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business April 5, 2002, 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 comments should be submitted to Adam Boardman, Division of Motor Vehicles, Dealer Section, Room 806, P. O. Box 7911, Madison, Wisconsin 53707-7911.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. Currently, ch.
Trans 139 prohibits motor vehicle dealers from charging a “processing" or “doc" (documentation) fee relating to a vehicle purchase for functions the dealer must perform prior to the vehicle's delivery. The lone exception to this rule [Trans 139.05(8)(b)] allows a dealer licensee who has contracted with the Department, in accordance with the provisions of s.
341.21, Stats., to charge a purchaser a fee in the amount contained in the contract for the dealer's services relating to the processing or distribution of an original or renewal registration or a certificate of title. This processing fee is the $17.50 “Electronic Title/Plate Filing Fee" charged in conjunction with the APPS (Automated Partners in Processing) on-site registration program.
The proposed policy change will eliminate the prohibition on “doc" fees, and allow a dealer to charge a reasonable fee for functions the dealer must perform prior to the vehicle's delivery, including: performing inspections, collecting and reporting fees and taxes, performing background checks on odometer history, filing registration and title on behalf of purchasers, and purchasing required forms. The proposed change would not impinge upon the dealer's ability to charge an optional processing fee in conjunction with the APPS program. Motor vehicle dealers are subject to a number of statutes and regulations. A processing fee is not required by law. Any rule change, including allowing a dealer to charge a customer a "doc" fee, would need to be consistent with the applicable statutes and regulations. This may include revising other rules and placing conditions, including full disclosure of the fee, upon a dealer charging a customer "doc" fees.
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, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be minimal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis.
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of this proposed rule can be obtained, without cost, by writing to Adam Boardman, Division of Motor Vehicles, Dealer Section, 4802 Sheboygan Avenue, Room 806, P. O. Box 7911, Madison, WI 53707-7911, or by calling (608) 264-9538. Alternate formats of the proposed rule will be available to individuals upon request.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
218.0146 (1),
218.0152 (3),
227.11 (2) (a),
342.155 (1) (c),
342.156 (5),
342.157 and
342.16 (1) (c), Stats., and interpreting ss.
218.0146,
342.155,
342.156,
342.157,
342.16 (1g), Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
4th day of
April, 2002, at
1:00 PM, to consider the amendment of ch.
Trans 154, Wisconsin Administrative Code, relating to vehicle odometer disclosure requirements.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business Friday, April 5, 2002, 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 comments should be submitted to Adam Boardman, Division of Motor Vehicles, Dealer Section, Room 806, P. O. Box 7911, Madison, Wisconsin 53707-7911.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule
Chapter
Trans 154 establishes the Department of Transportation's interpretation of statutes relating to the implementation of the provisions of the federal odometer law, as they affect regulation of vehicle odometer disclosure.
When reassigning ownership of a new motor vehicle which has not been previously titled or registered, ch.
Trans 154 currently requires the dealer to complete an odometer disclosure on a "conforming" odometer disclosure statement. This rule making will amend s.
Trans 154.03 (2) (a) by replacing the existing requirement with the requirement that the odometer disclosure shall be recorded in the designated spaces provided on the manufacturer's document of origin when disclosing mileage that is actual. When the odometer reading is not “actual," a separate conforming document will be required. The odometer reading is not “actual" if that odometer reading differs from the vehicle's mileage. An odometer reading can be not actual for a variety of reasons, including an odometer calibration error, mileage in excess of the designed mechanical odometer limit, accident, fire, fraud, etc. However, most of these reasons for a not actual reading are uncommon to new cars.
The manufacturer's document of origin was specifically designed to facilitate ownership and odometer tracking in an effective and consistent manner. Adopting the policy of disclosing mileage on the manufacturer's document of origin, without requiring an additional "conforming" document, will increase interstate and intrastate consistency, will decrease redundancies created by recording the mileage on the manufacturer's document of origin and on a separate conforming document, will align the state law more closely with the federal law,
49 CFR 580.17, and will promote goodwill and efficiency.
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, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of this proposed rule can be obtained, without cost, by writing to Adam Boardman, Division of Motor Vehicles, Dealer Section, 4802 Sheboygan Avenue, Room 806, P. O. Box 7911, Madison, WI 53707-7911, or by calling (608) 264-9538. Alternate formats of the proposed rule will be available to individuals upon request.
