Scope statements
Educational Approval Board
Subject
Revising current administrative rules. Objective of rule. As part of a comprehensive update, this rule will clarify existing provisions, correct inconsistencies between rule and statute, codify current administrative practices, and create new provisions to facilitate the board's regulatory authority.
Policy Analysis
• Amend the definition of a “person" to include a government agency.
• Create a definition of a “recognized accrediting body".
• Create a definition of a “teach-out".
• Repeal outdated board operating procedures.
• Create a set of intermediate sanctions that the EAB can place upon a school for regulatory violations.
• Clarify the delegation of responsibilities of the board to staff.
• Create a provision allowing the board to waive second payment renewal fees in certain instances.
• Clarify that a hearing requested by a school would be before an administrative law judge from the Department of Administration.
• Create a provision that requires schools to have a minimum surety bond.
• Allow the board to use a surety bond on which it collects for a teach-out.
• Allow the board to accept a letter of credit in lieu of a bond.
• Update rule references citing s.45.54 (10).
• Update the fees charged to schools to correct application errors.
• Amend the retention of records by schools.
• Create a provision for the retention of closed school records by the board.
• Amend existing refund standards.
• Create specific provisions regarding the regulation of distance education.
• Codify existing board policy regarding information technology programs.
• Make changes to correct erroneous technical information.
Statutory authority
Staff time required
It is estimated that 85 hours will be required to develop this rule order.
Health and Family Services
Subject
The Department proposes to repeal and recreate ch.
HFS 117, rules relating to fees for copies of patient health care records.
Policy Analysis
In 1993, the Department created ch.
HFS 117 to prescribe uniform fees for certified duplicate health care provider records pertaining to particular patients when those records are requested under s.
908.03 (6m) (c) 3., Stats., by attorneys. Over the subsequent 9 years, both the fee amounts specified in ch.
HFS 117 and circumstances under which the fee limits apply have been contentious subjects. The statute did not explicitly declare whether the fee limits issued under s.
908.03 (6m) (d), Stats., applied only when a case was actively in litigation or, alternatively, whether the fee limits applied also to requests by attorneys even when no case had been filed with a court or administrative hearing body. Meanwhile, s.
146.83, Stats., allowed health care providers to charge a “reasonable cost" for providing copies of patient health care records to requesters under s.
146.83, Stats., and that phrase was not defined. It was unclear which situations were controlled by the ch.
HFS 117 fee limits and which were controlled by s.
146.83, Stats. It was also unclear what constituted a “reasonable cost" when the fee limits of ch.
HFS 117 were inapplicable and only s.
146.83, Stats., applied. As a result, frequent disputes occurred concerning fees for copying of patient health care records.
1. Amended s.
908.03 (6m) (d), Stats., to explicitly declare that commencement of an action is not a prerequisite for the application of the ch.
HFS 117 fee limits to copying performed under that statute.
2. Amended s.
146.83 (1) (b) and
(c), Stats., pertaining to access by a patient or person authorized by a patient to health care records. These amendments extend the applicability of the fee limits the Department specifies in ch.
HFS 117 to all requests for health care record copies in all settings controlled by s.
146.83, Stats. (not just requests from attorneys, nor just with respect to cases in litigation.)
3. Created s.
146.83 (3m), Stats., which directs the Department to prescribe copying fees that are based on an approximation of actual costs incurred by entities producing the copies.
Pursuant to a nonstatutory directive in
2001 Wisconsin Act 109, to develop the initial proposed rules, the Department will establish an advisory committee composed of members who represent a balance of persons who maintain patient health care records and persons who request patient health care records.
Statutory authority
Staff time required
The Department estimates it will take 50 hours of staff time to develop the proposed rules, including the time required to staff the advisory committee mentioned above.
Higher Educational Aids Board
Subject
Administration of Talent Incentive Grant Program.
Policy Analysis
The
1989 Wis. Act 31 created s.
39.435, Stats., provides for grants to Wisconsin residents who meet criteria established by the statute and administrative code.
The Wisconsin Higher Educational Aids Board (HEAB) administers this program under s.
39.435, Stats., and under ch.
HEA 5. Current rules contain some criteria that is no longer relevant (e.g. references to AFDC) or contain unclear language that may cause otherwise eligible residents to not be considered eligibility. Revising the rules eliminates no longer relevant language and makes language clarifications that will allow fair and equitable administration of the program for all Wisconsin residents.
Statutory authority
Staff time required
Estimated hours of staff time - 20 hours. Financial Aid Administrators (including Wisconsin Educational Opportunities Program staff) will be requested to provide input to HEAB on drafts of ch.
HEA 5.
Natural Resources
Subject
Creation of new rules pertaining to captive wild animal farms in chs.
NR 16 and
19.
Policy Analysis
As of January 1, 2003,
2001 Wis. Act 56 revises Wisconsin's laws governing captive wild animals. As required by Wis. Act 56, these proposed rules are intended to prevent the introduction or spread of disease or parasites harmful to humans, domestic livestock, poultry, wildlife or captive wild animals; ensure the safety of humans; prevent the escape or release of an animal injurious to or competitive with agricultural, horticultural, forestry, free-roaming wild animals and other natural resource interests; and control the removal and use of wild animals taken from the public domain. These rules will also better regulate records and tagging requirements, develop additional standards for stocking and bird hunting preserves; provide educational and recreational services; and protect the rights of licensees by authorizing appropriate use of wild animals. Another major purpose of the rule revisions is to develop adequate housing and pen standards that will provide enrichment, humane care, prevent the mistreatment of captive wild animals and are uniform with federal standards. Specific housing regulations and standards will be detailed for bear, cougar, timber wolf and those animals identified as “harmful wild animals".
These changes would effect members of the statewide captive wild animal farm community. The proposed rules will establish record keeping requirements as a condition for license renewal and develop a new validation license. Minor changes will be made to animal tagging and control requirements and provide statewide consistency in the humane care and housing of captive wild animals. New definitions will be developed to ensure statewide consistency.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Creation of rules pertaining to driving out of wild white-tailed deer on new deer farms and standards for deer farm fences in ch.
NR 16.
Policy Analysis
As of January 1, 2003,
2001 Wis. Act 56 revises Wisconsin's laws governing captive wild animals. As required by Wis. Act 56, these proposed rules are intended to prevent the introduction or spread of disease or parasite harmful to humans, domestic livestock, wildlife or captive wild animals and prevent the escape or release of an animal injurious to or competitive with agricultural, horticultural, forestry, free-roaming wild animals and other natural resource interests through the use of new fencing standards. A fence inspection certificate will be required for every white-tailed deer farm in the state. These rules will also control the removal and use of wild animals taken from the public domain.
These changes would effect members of the statewide deer farming community. The proposed rules will require all new white-tailed deer farms to drive out all wild white-tailed deer before the fences may be closed. It will also establish additional standards for deer farm fencing for new and existing deer farms.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Repeal and recreation of ch.
NR 17 pertaining to dog trials and dog training.
Policy Analysis
As of January 1, 2003, 2001 Wis. Act. 56 revises Wisconsin's laws governing captive wild animals. As required by Wis. Act 56, these proposed rules are intended to prevent the mistreatment of captive wild animals and protect the rights of licensees by authorizing appropriate use of wild animals. These rules will also provide guidance to those individuals who train dogs on free-roaming and captive wildlife and provide standards for licensing for dog trialing, dog training, hound dog training and develop a new license for dog clubs. Another major purpose of the rule revisions is to make these rules more cohesive. Discrepancies over dog training and trialing dates within the current Natural Resources codes will be corrected.
These changes would effect members of the statewide dog training and trialing community. The proposed rules will identify dog club training as a licensed activity. It will also establish additional standards for dog trial and training licenses. Chapter NR 17 would be repealed and recreated to make it more cohesive.
Statutory Authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Creation of rules pertaining to otter quotas and size limits for fur farms. Establishment of other standards for fur farms in ch.
NR 16.
Policy Analysis
As of January 1, 2003,
2001 Wis. Act 56 revises Wisconsin's laws governing captive wild animals. As required by Wis. Act 56, these proposed rules are intended to control the removal and use of wild animals taken from the public domain and protect the rights of licensees by authorizing appropriate use of wild animals. These rules will limit the harvest of otter on fur farms and control the size of a wild fur farm. Another major purpose is to require individuals to own or lease the land that is licensed. Additional requirements being considered include signage, minimum acreage, and tagging of certain animals killed. Rules recognizing navigation on public waters within a fur farm would also be established.
These changes would effect members of the statewide fur farming community. The proposed rules will place quotas on the taking of otter providing for statewide consistency. These rules will, for the first time, establish a maximum size for fur farms. It will also establish additional standards for fur farms.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Creation of a rehabilitation license allowing for the rehabilitation of wild animals in ch.
NR 19.
Policy Analysis
As of January 1, 2003,
2001 Wis. Act 56 revises Wisconsin's laws governing captive wild animals. As required by Wis. Act 56, these proposed rules are intended to establish consistent standards and reporting requirements for the rehabilitation of wildlife in Wisconsin. The intent is to ensure all persons engaged in wildlife rehabilitation are qualified and provide humane care and housing for wildlife being rehabilitated. These rules will ensure all wildlife and their offspring remain under the jurisdiction of the department, they will prevent the capture, receipt, possession, transportation or transfer of wildlife for any purpose other than rehabilitation. Specific wildlife species may be restricted to control the spread of disease, protect wildlife health or to ensure proper facilities and qualifications of the applicant or licensee.
These changes would effect members of the statewide rehabilitation community. The proposed rules will establish qualifications required in obtaining a rehabilitation license and provide statewide consistency in the rehabilitation of wild animals.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
New water quality standards for E. coli to replace current recreational standards for fecal coliforms in s.
NR 102.04 (5) and disinfection standards for fecal coliforms in s.
NR 210.06.
Policy Analysis
Current standards for determining the suitability of a surface water for recreational use in s.
NR 102.04 (5) provides bacteriological guidelines for fecal coliform. Disinfection standards in s.
NR 210.06 also require the use of fecal coliform as an indicator of fecal contamination.
Studies conducted by U.S. EPA has concluded that E. coli is a better indicator of human/warmblooded animal fecal contamination. In October 2000 the Beaches Environmental Assessment and Coastal Health (BEACH) Act was passed as an amendment to the Clean Water Act requiring states to adopt EPA's new criteria for E. coli by April 2004. In response to the BEACH Act, DNR proposes to adopt EPA's criteria for E. coli and develop water quality standards for recreational use and disinfection standards for effluent discharges.
Statutory authority
Staff time required
Approximately 1,200 hours will be needed.
Natural Resources
Subject
Amend the definitions of “major source" and “fugitive emissions" to conform to federal rules and the federal Clean Air Act.
Policy Analysis
In a November 27, 2001 rulemaking, U.S. EPA required states to make changes to the definition of “major source" for air operation permit programs if the states want to retain approval of their operation permit program. The current state definition of “fugitive emissions" does not include as many emissions as the federal definition and this action is needed if the state wants to retain approval of the operation permit program. Secondly, the current state definition of “major source" for major source permitting in nonattainment areas potentially treats some sources as major while the federal definition would not. This occurred because U.S. EA proposed a more restrictive definition but did not finalize rulemaking on the more restrictive definition. Finally, the current state definition of “major source" for hazardous air pollutants does not include as many emission points as the federal definition and this action is needed if the state wants to retain approval of the operation permit program.
Statutory authority
Staff time required
Approximately 80 hours will be needed
Natural Resources
Subject
The Interim Enhanced Surface Water Treatment Rule and Disinfectants/Disinfection By-products Rule in ch.
NR 809.
Policy Analysis
The proposed revisions are being sought to respond to U.S. EPA's review of the Wisconsin DNR's primacy application. The revisions are to clarify language and correct minor errors. In addition, code citation references will be updated and typographical errors corrected where needed. These corrections will not cause any additional impacts on the requirements for water systems regulated under these rules.
Statutory authority
Staff time required
Approximately 90 hours will be needed.
Natural Resources
Subject
Amendments to chs.
NR 140 and
811, Wis. Adm. Code to establish points of standards application for chloroform, bromodichloromethane, dibromochloromethane and bromoform groundwater quality standards around aquifer storage and recovery (ASR) wells.
Policy Analysis
Revisions to s.
160.257, Stats., allow the point of standards application, for compliance with disinfection byproduct groundwater quality standards, at aquifer storage and recovery (ASR) system wells, to be established beyond the property boundary of the ASR well site. The point of standards application is 1,200 feet from an ASR well or at any other well that is within 1,200 feet of an ASR well. This revision represents a change in legislative intent by allowing a point of standards application compliance boundary, for a regulated activity, to be established at a location that is beyond the boundary of the property upon which the regulated activity occurs.
As geochemical reactions between treated surface water injected during an ASR cycle and natural aquifer matrix materials could potentially cause the release of naturally occurring substances from an aquifer that could adversely impact groundwater quality, the Department is also proposing to set limitations on the size of an ASR system aquifer storage zone (ASR displacement zone) in ch.
NR 811 and to establish an NR 140 design management zone for ASR well sites. Design management zones are established in ch.
NR 140 for regulated facilities, practices or activities that may impact the groundwater resources of the state.
Statutory authority
Staff time required
Approximately 500 hours will be needed.
Transportation
Subject
This rule making will create ch.
Trans 109, relating to customer identifying information, to define “name" of vehicle title and registration applicant to be the same thing as “full name" of driver license applicant.
Policy Analysis
Driver license statute, s.
343.14 (2) (a), requires a person to supply his or her “full name" in an application, while vehicle statutes, ss.
341.08 (2) (a) and
342.06 (1) (a), merely require “name." In order to merge driver license and vehicle database, which is an integral part of the new DMV data processing system, it is necessary to have consistent “processing rules" regarding customer name.
Statutory authority
Staff time required
Approximately 40 hours.
