Room 159, UW Platteville Pioneer Tower, 1 University Plaza, Platteville
Room 2, DNR Regional Headquarters, 107 Sutliff Ave., Rhinelander
Conference Room, DNR Regional Headquarters, 810 W. Maple Street, Spooner
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 Kathy Wells at (608) 266-0918 (TDD (608) 267-6897) with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Ms. Kathy Wells, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 21, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [CF-30-02] and fiscal estimate may be obtained from Ms. Wells.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
458.24, Stats., and interpreting ss.
458.24 and
458.26 (3) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on
June 1, 2002, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Department of Regulation and Licensing proposes to repeal and recreate ch.
RL 87, Appendix
I, which contains the 2002 edition of the USPAP and recreate it to incorporate by reference the 2003 edition of USPAP.
As required under s.
227.21, Wis. Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2003 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Chapter RL 87, Appendix I, is repealed and recreated to read:
APPENDIX I
UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
The 2003 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2003 edition of USPAP is effective January 1, 2003 to December 31, 2003.
After January 1, 2003, copies of the 2003 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722. After January 1, 2003, copies of the 2003 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at
http://www.appraisalfoundation.org.
Note: As required under s.
227.21, Wis. Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2003 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2003, copies of the 2003 edition of the USPAP will be on file in the offices of the department, the secretary of state and the revisor of statutes.
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 53708-8935, (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 (1) (b) and
458.085, Stats., and interpreting ss.
458.06 (3) (b),
458.06 (4) (b),
458.08 (3) (c) and
458.13, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order of the Department of Regulation and Licensing to revise chs.
RL 81,
84 and
85, relating to applications, examinations, experience, education, renewal requirements and unprofessional conduct with regard to real estate appraisers.
Hearing Date, Time and Location
Date: June 26, 2002
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 180
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 July 10, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Department of Regulation and Licensing amends, renumbers, repeals and recreates several provisions contained in chs.
RL 81,
84 and
85, Wis. Admin. Code.
1. Section RL 81.01 (4) is being repealed because the 15 hours of instruction in professional standards and code of ethics course referred to in the rule is also included in the 90, 120 and 180 hours of instruction required under sub. (3).
2. Sections
RL 84.01 (6) (c) and
RL 85.02 (7) (d) are created to state that credit may be granted for a distance education course that is approved by the International Distance Education Certification Center for the course design and delivery mechanism; provided the course is approved by the Appraiser Qualifications Board of the Appraisal Foundation or by the department.
3 . Sections
RL 84.02,
RL 84.03 and
RL 84.04 are being revised to clarify that an applicant must submit evidence of completion of an approved program of study. In addition, an approved program of study must include the fifteen-hour National Uniform Standards of Professional Appraisal Practice (USPAP) Course or its equivalent. The fifteen-hour National USPAP Course is approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. Equivalency shall be determined through the AQB Course Approval Program or by an alternate method established by the AQB.
4. Section
RL 85.01 (1) is being revised to state that credential holders must complete the 7-hour National USPAP Update Course or its equivalent. Appraisers initially licensed or certified within a biennium shall complete 14 hours of continuing education for each year of licensure or certification, 7 of which shall include the National USPAP Update Course or its equivalent. The 7-hour National USPAP Update Course is approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. Equivalency shall be determined through the AQB Course Approval Program or by an alternate method established by the AQB.
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 Proposed Rule
Notice is hereby given that, pursuant to ss.
71.80 (1) (c) and
227.11 (2) (a), Stats., and interpreting, ss.
66.0615 (1m) (f) 2.,
71.24 (1),
(1m) and
(3),
71.30 (4),
71.365 (4) and
(5),
71.44 (1) (a) and
(c) and
(1m),
71.738 (2),
71.74,
71.75,
71.76,
71.77,
71.80 (18),
71.88 (1),
71.90 (1),
77.59 (6),
77.61 (14),
77.76 (2),
77.96 (4),
77.982 (2),
77.991 (2),
77.9941 (4),
77.9951 (2),
77.9964 (2),
78.67,
78.69,
139.094,
139.11 (2m),
139.355,
139.38 (2m),
139.83,
139.835,
139.93 (1) and
168.12 (9), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on
June 1, 2002, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis prepared by the Department of Revenue
Statutes interpreted: ss.
66.0615 (1m) (f) 2.,
71.24 (1),
(1m) and
(3),
71.30 (4),
71.365 (4) and
(5),
71.44 (1) (a) and
(c) and
(1m),
71.738 (2),
71.74,
71.75,
71.76,
71.77,
71.80 (18),
71.88 (1),
71.90 (1),
77.59 (6),
77.61 (14),
77.76 (2),
77.96 (4),
77.982 (2),
77.991 (2),
77.9941 (4),
77.9951 (2),
77.9964 (2),
78.67,
78.69,
139.094,
139.11 (2m),
139.355,
139.38 (2m),
139.83,
139.835,
139.93 (1) and
168.12 (9), Stats.
SECTIONS 1 AND 2. Tax 2.03 (1) (j) is repealed, to reflect the discontinuance of the use of form 4X. Consequently, pars. (k) to (x) are renumbered (j) to (w).
As renumbered, Tax 2.03 (1) (n), (o) and (s) are revised, to correct the names of forms 5S and 5S-1, and schedule DC.
SECTION 3. Tax 2.03 (1) (x) is created, to list schedule Z-1.
SECTION 4. Tax 2.03 (4) is revised, to provide updated filing procedures per the amendment to s.
71.80 (18), Stats., by
1997 Wis. Act 27.
The 2 notes at the end of Tax 2.03 are revised, to provide correct department office location and mailing address, and to add a statutory reference.
SECTIONS 5 AND 7. Tax 2.12 (title) is revised, to clarify that claims for refund are amended returns.
Tax 2.12 (1) and (3) (a), (b), (c) and (e) are revised, to remove the word “temporary" and a note is added at the end of the rule, to reflect the replacement of the “temporary recycling surcharge" with a “recycling surcharge" pursuant to the amendment of subch.
VII of ch. 77, Stats., by
1999 Wis. Act 9.
Tax 2.12 (3) (b) is further revised, to remove a statutory reference that is no longer applicable and to add a reference to subs. (5) and (6), for clarity.
Tax 2.12 (4) (b) 1. and 2. are revised, to incorporate the term “claim for refund" as defined in sub. (2) (a).
Tax 2.12 (4) (b) 2. is further revised, to explain the provisions of s.
71.88 (1) (a), Stats., and to add examples.
SECTION 6. Tax 2.12 (2) is repealed and recreated, to change the title to “Definitions," to provide a definition of “claim for refund" in par. (a) and to revise the definition of “timely filed" in par. (b), to reflect the amendment of s.
71.80 (18), Stats., by
1997 Wis. Act 27.
SECTION 8. Tax 2.12 (4) (b) 3. is repealed and recreated, to update provisions relating to filing a refund claim after paying an uncontested office audit or field audit assessment or refund, to reflect the amendment of s.
71.75 (5), Stats., by
1997 Wis. Act 27. Several examples are also added.
SECTIONS 9 AND 13. Tax 2.12 (4) (b) 4. and 5. and (6) (c) are revised, to incorporate the term “claim for refund" as defined in sub. (2) (a).
Tax 2.12 (6) (b) is revised, to reflect the discontinuance of the use of form 4X.
Tax 2.12 (6) (d) and the note following are revised, to reflect that mailing addresses are listed on amended forms or in their instructions.
SECTIONS 10, 11 AND 12. Tax 2.12 (5) (a) is repealed and recreated, Tax 2.12 (5) (b) is renumbered Tax 2.12 (5) (c) and revised and new Tax 2.12 (5) (b) is created, to reflect the use of “telefile" and “netfile," and the discontinuance of the use of form 4X. The table in sub. (5) (a) is no longer needed.
Tax 2.12 (5) (d) is created, to set forth in a separate paragraph the format requirements for filing an amended return not requesting a refund.
Three obsolete notes at the end of Tax 2.12 are deleted and the last note is revised, to add an additional statutory reference.
SECTION 14. Tax 3.91 is moved to ch. Tax 1 and renumbered Tax 1.14, because the subject matter pertains to all taxes, credits and fees administered by the department's income, sales and excise tax division.
As renumbered, Tax 1.14 is revised, to:
•
List additional taxes, credits and fees to which the section pertains – sub. (1).
•
Remove outdated requirements relating to the format of a petition for redetermination – sub. (2).
•
Update provisions relating to deposits paid at the time of filing a petition for redetermination, pursuant to the amendment of s.
71.90 (1), Stats., by
1997 Wis. Act 27 – sub. (4).
• Clarify language and update style and format, per Legislative Council Rules Clearinghouse standards – all subsections, notes.
SECTION 1. Tax 2.03 (1) (j) is repealed.
SECTION 2. Tax 2.03 (1) (k) to (x) are renumbered Tax 2.03 (1) (j) to (w) and as renumbered Tax 2.03 (1) (n), (o) and (s) are amended to read:
