Having considered s. 227.114 (2), Stats., the Commission concludes these proposed rules will have little, if any, impact on small businesses.
Notice of Hearing
Financial Institutions - Division of Corporate and Consumer Services
Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at the time and place indicated below to consider creating a rule relating to certain fees regarding partnerships, corporations, limited liability companies and cooperatives.
Date, Time and Place of Hearing
June 13, 2002   Tommy G. Thompson Conference Room
Thursday   5th Floor
10:00 a.m.   Department of Financial Institutions
  345 West Washington Avenue
  Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Mark Schlei at (608) 267-1705 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act. Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Mr. Ray Allen, Administrator, Department of Financial Institutions, Division of Corporate and Consumer Services, P.O. Box 7846, Madison, WI 53707-7846.
Analysis Prepared by the Department of Financial Institutions, Division of Corporate and Consumer Services
Analysis: Statutory authority: ss. 182.01 (4) and 227.1 (2), Stats. Statutes interpreted: 182.01 (4). Summary: 2001 Act 16 amended ss. 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2) and (4), 181.0122 (1) (zm), (2) and (4), 183.0114 (1) (t) and (u), and 185.83 (1) (d) and (h); repealed s. 179.16 (4), 180.0122 (1m), and 185.83 (1) (f) and (1) (fm); and repealed and recreated s. 182.01 (4), Stats. The act authorizes the Department of Financial Institutions to adopt rules relating to certain fees regarding partnerships, corporations, limited liability companies and cooperatives. The proposed rule sets these fees.
Fiscal Estimate
Statutory Authority: Sections 182.01 (4) and 227.11 (2), Stats.
The rule has no state fiscal effect. There are no local government costs. Program fund sources and s. 20.144 (1) (g) appropriations are affected.
Initial Regulatory Flexibility Analysis
The rule may have an impact on small business. Types of small business that will be affected by the rule: business entities. Description of the proposed reporting, bookkeeping and other procedures required for compliance: payment of fee to the department. Types of professional skills necessary for compliance: no new skills.
Copies of Rule and Contact Person
A copy of the full text of the proposed rule and fiscal estimate may be obtained through the following:
Ray Allen, Administrator
Department of Financial Institutions
Division of Corporate and Consumer Services
P.O. Box 7846
Madison, WI 53707-7846
Tel. (608) 264-9566
TTY (608) 266-8818
A copy of the full text of the proposed rule may also be obtained at the Department of Financial Institutions' website, www.wdfi.org.
Notice of Hearing
Insurance
[CR 02-069]
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 ch. Ins 9, Wis. Adm. Code, relating to Defined Network Plans.
Date, Time and Place of Hearing
June 20, 2002
10:00 a.m., or as soon thereafter as the matter may be reached.
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: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 609.38, and 632.85, Stats.
Statutes interpreted: ch. 609 and s. 632.85, Stats.
Most of the revisions are based on a terminology change in how managed care plans are to be referred to as defined network plans as established in 2001 Wis. Act 16. In addition, the 2001 Wis. Act 16 modified some requirements of ch. 609, Stats., as they apply to preferred provider plans, and those changes are reflected accordingly within ch. Ins 9.
Chapter Ins 9 differentiates between preferred provider plans that may or may also be defined network plans. For a preferred provider plan to be eligible for distinct treatment from defined network plans, the insurer offering the plan must provide the covered services without requirement of a referral including pre-authorization even if such pre-authorization is used by the plan for utilization management or use of incentives. The insurer offering a preferred provider plan must comply with s. 609.35, Stats., and cover the same services both in-plan and out-of-plan without material disincentives. The coverage must be substantial with coverage not less than 70% of usual and customary rates and no material exclusions, deductibles, maximum limits or other conditions uniquely applied to out-of-plan provider services resulting in significantly limited out of plan benefits.
In addition, the insurer offering preferred provider plans must have participating plan providers who are accepting patients within a reasonable distance of the insured and provide an adequate number of participating providers in each geographic area to service all insureds in that area. Preferred provider plans will need to provide telephone access for emergency care or authorization of care 24 hours per day. Whenever a participating provider's participation with the plan terminates, the preferred provider plan must directly or by contract notify the insureds. However, if the insurer contracts for the notification of provider termination, the insurer remains responsible for ensuring that notification is sent.
If a plan qualifies as a preferred provider plan, the plan would no longer be required to develop quality assurance standards relating to access to, and continuity and quality of care. However, the insurer would still be responsible for developing procedures for remedial action to address quality problems in each of these areas. Also, a preferred provider plan that assume direct responsibility for clinical protocols and utilization management of the plan would be required to appoint a physician as a medical director.
Insurers offering preferred provider plans that contain material exclusions, deductibles, maximum limits or other conditions uniquely applied to out of network provider services resulting in significantly limited out of network benefits must comply with statutes and regulations as a defined network plan.
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.
Copies of Rule and 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://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 Hearings
Natural Resources
[CR 02-063]
NOTICE IS HEREBY GIVEN that pursuant to ss. 292.79 and 227.11 (2) (a), Stats., interpreting s. 292.79, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 173, Wis. Adm. Code, relating to the administration of the brownfield green space and public facilities grant program. The grant program directs the Department to award $1 million in grants to local governments for the remediation of brownfields sites where the end use will have a long-term public benefit, including the preservation of green space, the development of recreational areas or public use by a local government. The proposed rule includes the following elements:
1. Eligible activities include actions to remedy environmental contamination.
2. Eligible local governments include cities, villages, towns, counties, redevelopment authorities, community development authorities and housing authorities.
3. Eligible projects are brownfields were the end use will promote the preservation of green space, the creation of a recreational area or another use by a local government.
4. Local governments, or an appropriate private non-profit organization in partnership with a local government, are required to contribute matching funds as cash or in-kind, or both, equal to 20%, 35% or 50%, depending upon the amount of the grant.
5. A grant may not be awarded for more than $200,000.
6. The rule specifies that at least 20% of the funds be allocated to grants less than $50,000.
7. If there are more requests for grants than funding allows, applications will be scored on a variety of criteria, including the severity of the environmental contamination, the applicant's financial commitment, the need of the community for the proposed end use and the community's commitment to the project.
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.
Date, Time and Place of Hearing
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
June 11, 2002, Tuesday, at 1:00 p.m.
Video conference participation will be available at:
Room 021, GEF #2 Bldg., 101 S. Webster Street, Madison
Rm 139, State Office Bldg., 718 W. Clairemont Ave, Eau Claire
Room 618, State Office Bldg., 200 N. Jefferson St, Green Bay
Room 98, State Office Bldg., 819 N. 6th Street, Milwaukee
Room 2, DNR Regional Headquarters, 107 Sutliff Ave., Rhinelander
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 Anna Thomas Bates at (608) 264-6007 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Ms. Anna Thomas Bates, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than June 28, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-25-02] and fiscal estimate may be obtained from Ms. Bates.
Notice of Hearing
Natural Resources
[CR 02-065]
NOTICE IS HEREBY GIVEN that pursuant to ss. 281.36 and 227.11 (2) (a), Stats., interpreting s. 281.36 (4) to (6), Stats., the Department of Natural Resources will hold a public hearing on amendments to s. NR 300.04 (1) to (3), Wis. Adm. Code, relating to time limits for applications for waterway and wetland permits. The proposed amendments are a part of the revisions to ch. NR 300 that consolidate all water regulation permit time limits into ch. NR 300. The remainder of the proposed changes were included in Board Order No. FH-06-02 which had public hearings in March, 2002. Included in the amendments is the requirement that the Department notify an applicant within 60 days whether or not a permit application under ss. 30.10 to 30.27, Stats., is considered complete. For permit applications under s. 281.37, Stats., the Department has 30 days to notify the applicant whether or not the permit application is considered complete.
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 pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Date, Time and Place of Hearing
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 11, 2002, Tuesday, at 11:00 a.m.
Room 611B, 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 P. Scott Hausmann at (608) 266-7360 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. P. Scott Hausmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than June 14, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [FH-06-02A] and fiscal estimate may be obtained from Mr. Hausmann.
Notice of Hearing
Natural Resources
[CR 02-045]
NOTICE IS HEREBY GIVEN that pursuant to ss. 30.10 (2), 30.126 (5) (j) and (6a), Stats., interpreting s. 30.126 (5) and (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 324, Wis. Adm. Code, relating to the regulation of fishing rafts on the Wolf river and its tributaries. The proposed revisions will:
1. Recognize that registering a structure as a boat does not relieve the owner from also registering the structure as a fishing raft if it meets the definition of s. NR 324.03 (1).
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