Scope statements
Acounting Examining Board
Subject
The paper-and-pencil Uniform Certified Public Accountant Examination will be replaced by a computer- based examination.
Policy Analysis
Objective of the Rule. Effective January 2004, the current paper-and-pencil Uniform CPA Examination will be replaced by a computer-based examination. This will result in the need to modify provisions of the code that define some aspects of examination administration.
The proposed rules will make it consistent with the new administrative processes that will be part of the computer-based examination.
The proposed rules will define new procedures in the following areas:
Accy 3.03 (1) - Eliminate reference to a specific passing grade and replace it with a reference to a “passing grade established by the board."
Accy 3.06 - Redefine the conditions under which a candidate may sit for a section of the examination, receive credit for previously completed sections of the examination, and the timeframe for completion of all sections of the examinations.
Accy 3.07 - Redefine the guidelines under which candidates will receive credit for sections of the examination they complete prior to the effective date of the new examination.
Accy 3.11 - Eliminate the opportunity to review Uniform CPA examination results, while retaining the option for review of the jurisdictional ethics examination.
Statutory authority
Staff time required
125 hours.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Jurisdictional written examination for professional engineers.
Policy Analysis
Objective of the rule. To authorize the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors to expand the Wisconsin jurisdictional written examination to include testing for knowledge of Wisconsin statutes and administrative codes and the legal standards related to the practice of professional engineers.
The proposed rules will authorize the Professional Engineer Section to require this additional area of testing. The section would then work with the Office of Education and Examination, in the Department of Regulation and Licensing, to develop test questions and scoring criteria. The section recommends creating a new provision under s.
A-E 4.08 (1) (d).
Statutory authority
Staff time required
125 hours.
Corrections
Subject
Rule amendment to update ch.
DOC 303, relating to discipline.
Policy Analysis
The Department of Corrections proposes to review this rule as part of an ongoing mission to refine the Department's administrative rules and enhance their clarity, efficiency and function in light of today's fiscal and institutional environments.
This rule underwent significant changes that became effective on January 1, 2001. After more than a year working with this rule, the department has had time to identify more necessary additions, improvements and corrections that should be made in order to streamline and clarify the rule, adapt to developments in the law, and provide for optimum institutional procedure.
While the department does not anticipate significant policy changes in this rule, subjects contemplated include improvements to documentation procedures, updates in terminology, revision of current offenses and specification of additional offenses. For example the department will examine inmate misconduct of a passive rather than active nature and inmate misconduct which has the potential for financial as well as physical impact on a victim.
The proposed rule would also make any necessary changes in light of statutory updates and current caselaw, as well as changes upon evaluation of the rule's current effectiveness.
Statutory authority
Staff time required
It is anticipated that 100 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
Corrections
Subject
Rule amendment to update DOC 316, relating to medical, dental and nursing copayment charge.
Policy Analysis
Objective of the rule. The Department of Corrections proposes to amend and increase the medical, dental and nursing copayment charge for a self-initiated contact by an inmate.
On July 26, 2002, Governor McCallum signed into law
2001 Wisconsin Act 109 requiring the Department of Corrections to amend administrative code in order to charge a copayment of at least $7.50 per self-initiated medical or dental visit for each person to whom section
302.386(1) of the statutes applies. There are no policy alternatives to discuss as this rule amendment is required by
2001 Wisconsin Act 109.
Statutory authority
Staff time required
It is anticipated that 40 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
Ethics Board
Subject
Chapter Eth 1, relating to the identification of a topic of a lobbying communication.
Policy Analysis
The preliminary objective is to describe the information a lobbying principal must furnish to the Ethics Board in order to identify, pursuant to s.
13.67, Stats., a topic of a lobbying communication that relates to an attempt to influence administrative action.
Under Wisconsin's lobbying law, s.
13.67, Stats., a lobbying principal must identify to the Ethics Board each topic of a lobbying communication that is proposed administrative rule that has been numbered. Section
13.67 requires that a principal describe each topic with reasonable specificity, sufficient to identify the subject matter of the lobbying communication and whether the communication is an attempt to influence legislative or administrative action, or both. Section
13.685 (4), Stats., requires that the Ethics Board, by rule, define what constitutes a topic. The proposed rule describes the type of information that a lobbying principal must provide to satisfy the statutory identification requirement with respect to a topic of a lobbying communication that relates to an attempt to influence administrative rulemaking.
Statutory authority
Staff time required
The anticipated time commitment is 60 hours.
Ethics Board
Subject
Chapter Eth 1, relating to the meaning of a solicitation under s.
13.625, Stats..
Policy Analysis
The preliminary objective is to define circumstances and highlight activities that can constitute a solicitation under s.
13.625 (3), Stats.
Under Wisconsin's lobbying law, s.
13.625 (3), Stats., no candidate for an elective state office, elective state official, agency official, or legislative employee may solicit anything of pecuniary value from a lobbyist or principal, except as specifically permitted. A solicitation may take many forms. Whether a particular communication is a solicitation or not may not always be clear. The proposed rule will establish criteria and standards for determining whether a communication or activity is a solicitation circumscribed by statute.
Statutory authority
Staff time required
The anticipated time commitment is 60 hours.
Health and Family Services
Subject
The Department proposes to modify ch.
HFS 45, relating to the licensing of family day care centers and ch.
HFS 46, relating to the licensing of group day care centers. Chapter
HFS 45 applies to centers caring for between 4 and 8 children, while ch.
HFS 46 applies to centers caring for 9 or more children. These modifications would:
1. Incorporate new statutory requirements under s.
48.67, Stats., for training of child care providers in the most recent medically accepted method of reducing the risk of Sudden Infant Death Syndrome.
2. Bring both chapters of rules into conformance with other legislation relating to Caregiver Background Checks (s.
48.685, Stats.) and the Clean Indoor Air Act (s.
101.123 (2) (bm), Stats.)
3. Revise the rules to reflect current generally accepted safety practice in child care.
4. Modify portions of ch.
HFS 45 to make those provisions consistent with ch.
HFS 46.
5. Revise the licensing administration section of chs.
HFS 45 and
46 to reflect changes in the ways the Department issues a license and create provisions that would allow the Department to bar consideration of an application if the applicant has had a previous license revoked or application denied for a substantive reason.
6. Change the name of programs from day care centers to child care centers.
Policy Analysis
With minor exceptions, the Department has not revised ch.
HFS 45, relating to licensing rules for family day care centers, since 1989. Since that time, several events have suggested or required the modification of ch.
HFS 45. First, in 1997, the Department created ch.
HFS 46, relating to licensing of group day care centers. Not surprisingly, these two chapters of rules address similar topics and, in the Department's judgement, should contain comparable requirements, including ones related to definitions, licensing procedures and penalties and sanctions. Second, since 1989, changes in the child safety practices standards have become generally accepted. For example, cardiopulmonary resuscitation training for childcare providers has become standardized. Finally,
2001 Wis. Act 16 amended s.
48.67, Stats., to require that all child care centers licensed to care for children under 1 year of age must receive training in the most recent medically accepted practice to reduce the risk of Sudden Infant Death Syndrome. Similarly, ch.
HFS 46 needs to be revised to reflect recent generally accepted child care practices standards in addition to
2001 Wis. Act 16. In developing these rules, the Department will consult with the Department of Workforce Development's Office of Child Care, the agency responsible for developing rules for certified child care homes.
Statutory authority
Staff time required
About 120 hours of staff time to research, write and review the proposed changes to the licensing rules.
Parole Commission
Subject
Rule amendment to update ch.
PAC 1, relating to parole procedure, to conform to current law, terminology, prison population and requirements of parole commission operations.
Policy Analysis
Objective of the rule. The administrative rules relating to parole procedures have not been evaluated and updated since they were created in 1993, despite minor amendments in 1995. With over 8 years of experience working with these rules, and given statutory changes, increased prison populations, and necessary parole procedures, the commission proposes to update the rule.
Chapter
PAC 1 relates to the structure of the parole procedure in Wisconsin, the functions of discretionary parole, eligibility for parole, parole consideration and parole commission recommendations. The commission plans to review and revise these existing rules to ensure that they conform with existing law, technology, terminology, prison populations and requirement of the parole commission operations. The commission plans to revise the rule to provide the necessary flexibility and tools to allow parole commission members a better opportunity to meet statutory responsibilities of conducting parole interviews timely, legally, and effectively, thereby more adequately serving the needs of the inmates, the legislature, and society. In addition, the commission will examine the procedures afforded inmates when a recommended parole grant is cancelled due to a variety of circumstances.
Statutory authority
Staff time required
It is anticipated that 150 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
