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
