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.
