Section
101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely as possible, equal the cost of providing services. The Department's current fees for the mine safety program in chapter Comm 2 basically consist of an annual safety service fee based on aggregate production and do not accurately relate to the level of services provided. The proposed rules reduce the production-based fees approximately 25% and create a more equitable fee-for-service mechanism. A fee of $330 per course for the mine safety training courses conducted by the Department is created in the proposed rules.
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 24, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any business that operates a mine, pit or quarry in Wisconsin.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting or bookkeeping procedures required for compliance with the proposed rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Fiscal Estimate
The Department proposes lowering the safety service fee currently charged to mine operators. This fee is based on the annual production of mines. The annual costs associated with the programs this fee funds (Explosive Materials, Fireworks Manufacture, and Mine Safety) have been re-estimated and reduced from $270,700 to $194,900. The re-estimate of costs results in less revenue needed to fund the programs.
The Department proposes lowering the safety service fee by 25%, resulting in revenues collected more closely matching the costs of the programs funded by the revenue.
Annualized Items Current Proposed Difference
Mine Safety Training
Course Revenue $50,000 $50,000 $0
Blasters Certification
Fee Revenue $24,000 $24,000 $0
Safety Service Fee
Revenue $238,000 $178,500 -$59,500
Total $312,000 $252,500 -$59,500
Program Costs $194,900 $194,900 $0
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Notice of Hearing
The Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule, which amends ss.
ETF 20.25 (1) (a) and
(2), Wis. Adm. Code, relating to the annuity dividend effective date and proration of annuity dividends in accordance with the provisions of s.
227.16 (1), Stats.
Hearing Information
The public hearing will be held on Thursday, May 16, 2002 at 1:00 p.m. in room 2B, 801 West Badger Road, Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, May 17, 2002 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Linda Owen, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wisconsin Department of Employee Trust Funds
Current administrative rule under s.
ETF 20.25 specifies that the Wisconsin Retirement System (WRS) fixed annuity dividends and variable annuity adjustments based on surpluses and/or deficiencies in the annuity reserve shall be effective on April 1 of each year. The proposed rulemaking would change the effective date of these annuity changes to March 1 of each year. The April 1 effective date for annuitant dividends was established as a date that was administratively feasible at that time. However, due to improved automation of both calculating and distributing the fixed and variable dividends, it is now administratively feasible to make the annuitant dividend adjustments a month earlier.
The proposed rulemaking also would change how dividends are prorated by reducing the minimum percentage by which a prorated annuity can be paid. Under current law, annuitants that retire in 2001 will receive a prorated dividend based upon the number of full months they were retired in 2001. If their dividend based upon the investment results would be less than 1%, no dividend is granted. The rule change would permit a dividend as low as .1% to be paid. Automation has provided the mechanism to calculate and distribute dividends in smaller increments.
Authority for Rule
Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. The rule itself has no anticipated state fiscal effect during the current biennium and no future side effect on state funds.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone (608) 266-1071. For questions about this rule making, please call Linda Owen, Policy Analyst, at (608) 261-8164.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s.
Ins 8.52 (4), Wis. Adm. Code, relating to publication of health insurance rates for small employers.
Hearing Information
Date: May 17, 2002
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 6, OCI, 121 East Wilson Street, Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Stephen Mueller, OCI, PO Box 7873, Madison WI 53707.
Analysis Prepared by the Office of the Commissioner of Insurance
Analysis: Section
635.12, Stats. (
2001 Wis. Act 16) requires every small employer insurer to annually publish current new business premium rates in the manner and according to categories required by rule of the commissioner. The purpose of this proposed rule is to comply with this legislative mandate. The commissioner has determined that the most practical method of accomplishing this is to require small employer insurers to annually report their rates to the commissioner based on uniform criteria reported in a consistent format. Therefore the commissioner will provide a form for the small employer insurers to report rates. The form will follow the reporting criteria specified in this rule. The commissioner will publish the information gathered from all small employer insurers in a manner that will assist small employers to readily compare the rates. Small employer insurers who file rates with the commissioner as described in this rule will be in compliance with the requirements of s.
635.12, Stats. and need not publish the rates themselves.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
To Obtain a Copy of the Rule
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the proposed rulemaking order affecting s.
Ins 3.37, Wis. Adm. Code, relating to transitional treatment.
Hearing Information
Date: Tuesday May 21, 2002
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 6, OCI, 121 East Wilson Street, Madison, WI
Analysis Prepared by the Office of the Commissioner of Insurance
Section
632.89 (4), Stats., requires the Office of the Commissioner of Insurance to define services for which insurance coverage applies to various transitional treatment of mental health and alcohol and other drug abuse treatment services. Due to recent changes in regulations issued by the Department of Health and Family Services (DHFS), several cross reference cites within s.
Ins 3.37, Wis. Admin. Code, are invalid and require amendment and modification.
In addition, developments in mental health treatment options have created additional transitional treatment options, including crisis intervention, that should be incorporated within the scope of services covered under transitional treatment. Coordinated emergency mental health intervention treatment provides immediate treatment options to persons experiencing a mental health crisis or are in a situation that if left untreated would likely become a crisis if proper support is not provided. These coordinated emergency mental health treatment services are not provided within a hospital setting, rather the treatment and intervention occurs where the crisis is occurring. If the person is at risk for repeated need for intervention, intervention plans would be developed with the goal of decreasing the frequency and intensity of future crises. Coordinated emergency mental health programs also known as crisis intervention programs, have been found to be effective both in terms of care to consumers and as a cost efficient alternative to traditional urgent or emergency treatment.
Crisis intervention programs must be certified by the Department of Health and Family Services and may be utilized by insurers as an alternate transitional treatment program.
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2), Stats., interpreting ss.
30.03,
227.12,
227.41,
227.42,
227.44,
227.45,
227.47,
281.17 (3) and
(5),
281.19,
281.20,
285.83 (1),
289.95,
289.97 (1),
291.87,
291.89,
291.95 (1),
292.11 (4) and
(7) (c),
293.15 (3),
293.83,
299.21 and
299.91, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 2, Wis. Adm. Code, relating to procedures for obtaining and conducting both contested case and noncontested case administrative hearings.
The proposed rules modify the procedures for petitioning the Department for a hearing. Under the proposed modifications, petitions submitted by facsimile is being added. The date petitions are considered to have been made is being proposed to be the date received by the Department. While this approach is legally acceptable, it is less common than - for mailed petitions - the date the petition was mailed. With present technology and the internal Departmental practice of stamp dating mail on receipt, this procedure should reduce disputes regarding when service on the Department was accomplished. Service of pleadings in contested case hearings tracks the Division of Hearings and Appeals preference of using the day of mailing unless the postmark is illegible.
