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.
Two provisions are proposed with respect to contested case hearing procedures. One clarifies the responsibilities of parties with respect to burdens of proof and the order of providing evidence. The second places limitations on the extent of discovery in normal situations, but allows for additional discovery at the discretion of the administrative law judge who is presiding over the case.
Finally, the Department is proposing changes in the procedures for making confidential determinations. The proposed changes mostly relate to elimination of a preliminary determination. That procedure is administratively cumbersome while having engendered almost no public interest since first appearing in the code.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, May 14, 2002 at 1:30 p.m.
Room 027, GEF #2,
101 South Webster Street, Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Charles Hammer at (608) 266-0911 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed revisions to ch.
NR 2, Wis. Adm. Code leave much of the existing provisions in place and should result in no discernable change is fiscal impacts.
Written comments on the proposed rule may be submitted to Mr. Charles Hammer, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 no later than May 24, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate is available from Mr. Hammer.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
350.137 (1) and
227.11 (2) (a), Stats., interpreting ss.
350.137 to
350.139 and
350.1395, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 6, Wis. Adm. Code, relating to snowmobile rail crossings. The proposed rules include:
1. Distinctions in the areas of responsibility for construction and maintenance between the snowmobile organization and the rail authority.
2. Repeal major sections on construction materials and their installation.
3. Establish sign specifications and posting distances for signs used at the crossing and prior to the crossing.
4. Describe construction scheduling and supervision responsibilities for both a snowmobile organization and a rail authority.
5. Further clarify the obligations of a snowmobile authority regarding the purchase of liability insurance to indemnify a rail authority.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Thursday, May 16, 2002 at 1:00 p.m.
Prairie Room, Portage County Courthouse
1001 Main Street
Stevens Point
Friday, May 17, 2002 at 10:00 a.m.
Room 511, GEF #2
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Larry Freidig at (608) 266-5897 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
A previous fiscal note was prepared in 1995. From a fiscal standpoint, there are several changes that will occur as a result of the modifications to the law and rule. First, for permitted crossings, the snowmobile organization will no longer be responsible for the actual cost of construction of the crossing between the rails and extending 4 feet outward from each outer rail. The snowmobile organization will be responsible for the costs of installing approaches, signs and gates. This will result in a reduction in the estimates of cost to snowmobile organizations from an average of $6,000 per crossing to an estimate of $500 per crossing. In addition, the snowmobile organization will have to pay the railroad a one-time fee of $1,500 for the construction and use of the crossing. The previous fiscal note estimated a total of 3 permitted crossings will be constructed each year and that the funding will likely come from the snowmobile trail aids appropriations. This will reduce the estimate of aids to organizations from $18,000 (in the 1995 estimate) to $6,000.
Secondly, the Department will no longer be reviewing plans for crossing detail since that engineering task will belong to the rail authority. Additionally the involvement of the Community Services Specialist 3 will be reduced in scope to maintaining a listing of permitted and established crossings and consulting with snowmobile organizations regarding applications and interpretation of administrative rules. On an annual basis this will take less than 40 hours and result in less than $1,500 for salary and fringe. It is not known what impact on Department staff time the potential for contested cases hearing will yield. In the 1995 estimate, the Department assumed that 1.0 FTE and $43,500 would be needed to cover the work of the plan reviews and the application process. Now the workload will be absorb in the Department's budget. The cost of maintaining permitted and established crossings will be absorbed within the $250 per mile of maintenance funds awarded to counties sponsoring miles of public snowmobile trail.
