•Equipment Testing Procedures
Under this rule, weights and measures service companies must follow NIST testing procedures when they test weighing and measuring devices. Service companies must affix security seals to devices placed in service. Security seals must identify the name of the service company and technician that serviced the device.
This rule requires service companies to use testing equipment and standards that meet NIST requirements. Equipment and standards must be tested and certified at least once every 2 years by DATCP's metrology laboratory, or by a NIST-certified laboratory.
•Recordkeeping and Reporting.
Under this rule, a weights and measures service company must prepare a written report whenever the company installs, services, tests or calibrates a weighing or measuring device. The technician who does the work must prepare and sign the report. The report must include relevant information required by this rule.
Within 7 business days after it completes the work, the service company must give a copy of the report to the owner or operator of the device. If the service company restores a “rejected" device to service, the service company must also give a copy to DATCP or to the municipality that rejected the device. The service company must keep a copy of the report for at least 3 years.
•Prohibited Practices. No person who sells, installs, services, tests or calibrates a weighing or measuring device may do any of the following:
- Cause the device to be incorrect.
- Misrepresent that the device is correct.
- Misrepresent, directly or by implication, that the person has determined whether the device is correct.
- Fail to comply with this chapter or ch.
98, Stats.
- Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:
* Adjusts the device to make it correct.
* Obtains express authorization from DATCP or, if the reject tag or mark was applied by a municipal inspector, from that municipality.
Vehicle Scales
DATCP currently licenses vehicle scale operators under s.
98.16, Stats. The current license fee is $60 per year per vehicle scale. This rule increases the license fee to $100 per year per vehicle scale.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and the revisor of statutes to incorporate the following standards by reference in this rule:
•The national institute of standards and technology handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices), 2003 edition.
•The national institute of standards and technology handbook 133 (checking the net contents of packaged goods), 2003 edition.
•Section 7 “test procedures" from the chapter titled “examination procedure for price verification," national institute of standards and technology handbook 130 (uniform laws and regulation in the areas of legal metrology and engine fuel quality), 2003 edition.
Copies of these standards are on file with DATCP, the secretary of state and the revisor of statutes.
Fiscal Estimate
Weights and measures service companies and vehicle scale operators are licensed and regulated by DATCP under Chapter
98 of the Statutes. Current law authorizes the department to adjust license fees by rule.
Currently, the department licenses an estimated 2011 vehicle scales and 208 service companies. These license fees generate an estimated $160,000 annually for DATCP's weights and measures inspection program. The proposed fee increases for vehicle scales and service companies are expected to generate an additional $97,000.
This rule also includes a requirement for certification of service company technicians, consistent with a voluntary service company technician testing program developed by the Central Weights and Measures Association. The rule imposes a $25 processing for testing and certification, and requires recertification of technicians every five years. DATCP has identified approximately 1,164 technicians employed by service companies. An estimated 800 technicians are likely to participate in the service company technician testing and certification program. The processing fee will generate about $20,000 during each five-year interval, and cover costs associated with administration and grading of the tests.
Initial Regulatory Flexibility Analysis
This rule will affect vehicle scale operators and weights and measures service companies, many of which are small businesses. The proposed fee increases for vehicle scale operators and private and “for hire" service companies are needed to ensure accurate weights and measures in this state. Testing and record keeping requirements in the rule are consistent with NIST standards and surrounding states, and considered as good business practices within the industry. The rule does not present an unreasonable burden to affected businesses.
Notice of Hearing
Hearing Date, Time and Location
Date: January 8, 2003
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 January 22, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Dentistry Examining Board amends its rules relating to dental specialties. Section 1 amends s.
DE 6.02 (4) (c) to indicate that if the American Dental Association recognizes the dental specialty the board would not need to approve it. This rule-making order would not require the board to approve every new specialty when there is one developed in the future whereby the Note would need to be amended each time there is a new specialty developed.
Section 2 deletes the Note following s.
DE 6.02 (4) (c) which states the board recognizes the following dental specialties: endodontics, oral and maxillofacial surgery, oral pathology, orthodontics, pedodontics, periodontics, prosthodontics and public health.
TEXT OF RULE
SECTION 1. DE 6.02 (4) (c) is amended to read:
DE 6.02 (4) (c) Notice of a practice as a specialist in a dental specialty unless the dentist has successfully completed a post-doctorate course approved by the commission on dental accreditation of the American dental association in a specialty recognized by the board American dental association. This limitation does not apply to a dentist who announced a limitation of practice prior to 1967.
SECTION 2. The Note following DE 6.02 (4) (c) is repealed.
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), Wis. Stat.
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 Hearing
Hearing Date, Time and Location
Date: January 8, 2003
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 January 22, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Dentistry Examining Board creates s.
DE 2.015, relating to faculty licenses. In
2001 Wisconsin Act 109, new legislation was passed authorizing the Dentistry Examining Board to grant a license to practice dentistry as a faculty member at a school of dentistry in this state.
Section
DE 2.015 (1) (a) to
(e) outlines what the applicant must submit to the board in order to be granted a faculty license to practice dentistry. Section
DE 2.015 (2) specifies what the license holder is authorized to do with the license. And s.
DE 2.015 (3) states a faculty license is no longer in effect if the license holder ceases to be employed as a full-time faculty member at a school of dentistry.
TEXT OF RULE
DE 2.015 Faculty license. (1) The board shall grant a license to practice dentistry to an applicant who is licensed in good standing to practice dentistry in another jurisdiction of the United States or Canada upon presentation of the license and who does all of the following:
(a) Submits an application on a form provided by the board.
(b) Pays the fee specified in s.
440.05 (2), Stats.
(c) Submits a written certification from the dean of a school of dentistry in this state that the applicant has been offered employment as a full-time faculty member at that school of dentistry.
(d) Makes satisfactory responses during any interview that the examining board may require that demonstrate, to the satisfaction of the dentistry board, that the applicant is competent to practice dentistry.
(e) Discloses all discipline which has ever been taken against the applicant in any jurisdiction shown in reports from the national practitioner data bank and the American association of dental examiners.
(2) A license granted under sub. (1) authorizes the license holder to practice dentistry only within a primary educational facility that is physically located within a school of dentistry in this state. A license granted under sub. (1) shall not be transferable to another school of dentistry in this state.
(3) A license granted under sub. (1) is no longer in effect if the license holder ceases to be employed as a full-time faculty member at a school of dentistry in this state. The dean of a school of dentistry in this state shall notify the board in writing within 30 days of the date on which the employment of a faculty member licensed under sub. (1) is terminated.
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), Wis. Stat.
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.
