Green Bay
Thursday, May 15, 2003 at 1:00 p.m.
Room 158, DNR Region Headquarters
1300 W. Clairemont
Eau Claire
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 Linda DePaul at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The new 2003 stumpage rate schedule includes an average 6.7% increase in sawtimber prices and a decrease of 3.3% in cordwood prices. The severance and yield tax collection in CY 2002 was $1,439,594.43. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 6.7% increase in sawtimber prices will produce an increase in gross revenue of about $19,291. A 3.3% decrease in cordwood values will generate a decrease of $38,005 in revenue. The net result would be a decrease of $18,714. The gross receipts are shared between the municipality and state, with each receiving approximately 50%. The municipality in turn shares 20% of their receipts with the county.
The net fiscal impact is based on the assumption that the volume and ratio of pulpwood and sawtimber will remain the same this year as last year.
The net fiscal effect of the rule change will be about $9,357 decrease in state revenue and a $9,357 decrease in local revenue. The state revenue received from severance and yield taxes are deposited in the Forestry account of the Conservation Fund.
Contact Person
Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than May 17, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule (FR-18-03) and fiscal estimate may be obtained from Ms. DePaul.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 and
285.27 (2), Stats., interpreting s.
285.27 (2), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 460,
465 and
484, Wis. Adm. Code, including the creation of Appendix NNNN to ch.
NR 460 and subch.
III to ch.
NR 465, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for facilities that apply surface coatings to large appliances. The Department proposes to adopt existing national emission standards for hazardous air pollutants (NESHAP). This NESHAP became effect on July 23, 2002 when it was published in the Federal Register as
40 CFR 63 Subpart NNNN. Section
285.27 (2), Stats., requires the Department to promulgate NESHAPs into the Wisconsin Administrative Code.
Initial Regulatory Flexibility Analysis
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. Since the proposed rule simply mirrors the federal requirements, it will not have an additional adverse 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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, May 20, 2003 at 1:30 p.m.
Room 511, GEF #2
101 South Webster St.
Madison, WI
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than June 2, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of proposed rule (AM-17-03) and its fiscal estimate may be obtained from Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, Phone: (608) 266-7718 or FAX: (608) 267-0560.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (2) and
(3), Stats., and interpreting ss.
450.01 (7) and
(16),
450.02 (2) and
(3) and
450.09, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Phar 7.12, relating to the requirements for an approved central fill system. This is the second public hearing held on these proposed rules. The first hearing was held on September 11, 2001.
Hearing Date, Time and Location
Date: May 14, 2003
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, WI
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 May 30, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The objective of this proposed rule-making order is to specify the requirements for an approved central fill system. Integrated health systems, business entities comprising common ownership of multiple pharmacies and pharmacies desiring to enter contractual relationships with outside vendors have an interest in increasing patient convenience and lowering cost of service based upon the central filling of prescription orders for dispensing. The intent of such rules is to preserve the integrity of the dispensing process by addressing the issues of ownership of inventory, patient confidentiality, consultation, security, accuracy and accountability which must be maintained in any approved central fill system.
A “central fill pharmacy" is defined as a pharmacy licensed in this state acting as an agent of an originating pharmacy to fill or refill a prescription order. The “originating pharmacy" is a pharmacy licensed in this state that uses a central fill pharmacy to fill or refill a prescription order for purposes of dispensing by the originating pharmacy.
The central fill pharmacy and originating pharmacy may only process a request for the filling or refilling of a prescription received by an originating pharmacy when the requirements of this section are met. The central fill pharmacy must either have the same owner as the originating pharmacy or a contract with the originating pharmacy outlining the services and responsibilities. The central fill pharmacy shall maintain a record of all originating pharmacies, including name, address and DEA number, for which it processes a request for the filling or refilling of a prescription order received by the originating pharmacy. The record shall be made available upon request for inspection by the board or its agent. Also, both pharmacies must maintain a written protocol delineating each pharmacy's assumption of responsibility for compliance with the prescription drug compounding and dispensing requirements of chs.
Phar 7 and
8. The originating pharmacy shall remain responsible for compliance with the prescription drug compounding and dispensing requirements of chs.
Phar 7 and
8 which are not assumed in writing by the central fill pharmacy pursuant to a filling protocol. The originating pharmacy will always remain solely responsible for the patient consultation and transfer requirements of s.
Phar 7.01 (1) (e) and
(em) where the prescription drug is not delivered by an agent of the pharmacist to a patient's residence. Certain functions in the dispensing process may not be performed by the central fill pharmacy unless it shares a common central processing unit with the originating pharmacy. These functions are the medication profile record review of the patient, drug utilization review, refill authorizations, interventions and drug interactions. The prescription label attached to the container of all dispensed drugs shall contain the name and address of the originating pharmacy as the licensed facility from which the prescribed drug or device was dispensed for purposes of s.
450.11 (4) (a) 1., Stats. The date on which the prescription was dispensed for purposes of s.
450.11 (4) (a) 2., Stats., shall be the date on which the central fill pharmacy filled the prescription order.
The originating pharmacy remains responsible for original recordkeeping of all prescription orders as required by state and federal law. All original and refill requests received by the central fill pharmacy are required to be treated as prescription orders for purposes of filing and recordkeeping as required by state and federal law. Each pharmacy is required to maintain records to identify each of its pharmacists responsible for receiving and reviewing prescription orders and compounding and dispensing pursuant to a prescription order and to track the prescription order during each step in the dispensing process. Both pharmacies are required to adopt a joint written quality assurance program to monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, resolve identified problems and insure compliance with the central fill rule. A system for using a central fill pharmacy not otherwise in conformance with this rule may be permitted if reviewed and approved by the board.
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.
Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Wis. 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 Rulemaking
NOTICE IS HEREBY GIVEN That pursuant to ss.
73.01 (5) (b) and
227.11 (21), Stats., and interpreting s.
73.01 (5) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Tax Appeals Commission will create s.
TA 1.15 (2m), relating to petitions for review, as proposed in this notice, without public hearing unless, within 30 days after publication of this notice May 1, 2003, the Tax Appeals Commission 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 by the Tax Appeals Commission
An appeal to the tax appeals commission is, in most cases, preceded by either the department of revenue or department of transportation issuing an assessment to a person, or by a person filing a claim for refund of a tax or fee. If a person disagrees with the assessment, the person may ask the department to reconsider. The document requesting reconsideration is commonly in letter form and is called a “petition for redetermination."
If a department denies a claim for refund, partially or entirely, the department will issue a notice of the denial. The claimant may ask the department to reconsider the denial. The document requesting reconsideration is commonly in letter form and is called a “petition for redetermination."
If a department denies a petition for redetermination, it will issue a “notice of action." The person aggrieved by the denial may then file an appeal (“petition for review") with the tax appeals commission.
This proposed rule requires each person filing a petition for review with the tax appeals commission to file a separate petition. However, two or more persons may file a single petition for review if each person is aggrieved by a department action (ex., two related corporations are the subject of a single assessment; or a married couple appeal on the same issue with respect to a joint income tax return).
The Wisconsin tax appeals commission proposes an order to create s.
TA 1.15 (2m), relating to petitions for review.
SECTION 1. TA 1.15(2m) is created to read:
TA 1.15(2m) A separate petition for review shall be filed with the commission by an aggrieved party from each notice of action of the department of revenue or the department of transportation on a petition for redetermination, except that a single petition for review may be filed by more than one person if each person is aggrieved by the department's action; a separate filing fee shall accompany each petition for review.
SECTION 2. INITIAL APPLICABILITY. This rule first applies to a petition for review filed with the tax appeals commission on the effective date of this rule.
SECTION 3. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22(2)(intro), Stats.
NOTE: Examples of how the proposed rule will be administered follow:
(1) The department of revenue denies 5 petitions for redetermination of 5 unrelated people on a similar or the same issue. Each person must file a separate petition for review with the commission and pay a filing fee.
(2) The department of revenue denies one petition for redetermination of a corporation and its subsidiary, or a limited liability company (“LLC") and one of its members, on similar or related issues. The corporation and its subsidiary, and the LLC and its member, may file a single petition for review with the commission and pay a single filing fee.
(3) The department of revenue issues an assessment to a married couple with respect to a tax issue arising out of their joint income tax return, then denies the married couple's petition for redetermination. The married couple may file a single petition for review with the commission and pay a single filing fee.
Initial Regulatory Flexibility Analysis
A “small business," as defined under s.
227.114 (1), Stats., which files an appeal with the tax appeals commission will be affected by this rule. However, the statute prescribing appeal procedures (s.
73.01) does not authorize treating a small business differently from any other person filing an appeal. The impact on a small business will be negligible.
Fiscal Estimate
This proposed rule has no fiscal effect on the state or any county, city, village, town, school district, technical college district or sewerage district.
Contact Person
Thomas M. Boykoff, Commissioner
(608)266-1391
