Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 03 -094]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to amend ch.
ATCP 143, relating to production and sale of corn. The department will hold three hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until December 15, 2003, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Development, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-5140. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by October 30, 2003, by writing to Noel Favia, Division of Agricultural Development, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5140. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Monday, November 17, 2003, 1:00 p.m. until 3:00 p.m.
Lafayette County Courthouse
646 Main Street
County Board Room
Darlington, WI 53530
Handicapped accessible
Tuesday, November 18, 2003, 1:00 p.m. until 3:00 p.m.
WDATCP State Office Building
2811 Agricultural Drive
Madison, WI 54708-8911
Handicapped accessible
Wednesday, November 19, 2003, 1:00 p.m. until 3:00 p.m.
Portage County Courthouse
1516 Church Street
Stevens Point, WI 54481
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes interpreted: ch.
96, Stats.
This rule modifies Wisconsin's current corn marketing order, ch.
ATCP 143, Wis. Adm. Code. This rule increases marketing order assessments, and changes the coverage of the marketing order. This rule must be approved in a referendum of affected producers before it can take effect. Producers affected by the current marketing order or by the proposed changes will be eligible to vote in the referendum.
Background
Under ch.
96, Stats., the Department of Agriculture, Trade and Consumer Protection (DATCP) may adopt marketing orders for agricultural commodities. Marketing orders impose assessments on affected producers. Assessments may be used to finance market development, research and educational programs. Affected producers must, by referendum, approve the marketing order. A marketing board, elected by affected producers, collects and spends assessments for purposes authorized in the marketing order. DATCP regulates marketing boards to ensure that that they comply with the law and the marketing order.
Current Corn Marketing Order
DATCP adopted the current corn marketing order in 1983, and has not amended the marketing order since then. Under the current marketing order, “affected producers" must pay an assessment of 1/10th of one cent per bushel on corn produced in this state, if that corn is sold into commercial channels in this state or another state.
Handlers who buy corn from “affected producers" must collect the assessments from the producers, and remit payment on behalf of the producers to the Corn Marketing Board. Handlers must keep records, and report to each producer the assessments collected from that producer and remitted to the marketing board. “Affected producers" who sell corn to an out-of-state handler must pay assessments to the marketing board (if the out-of-state handler fails to collect and remit the assessments on behalf of the producers).
The Corn Marketing Board is a 9-member board elected by “affected producers" who are subject to assessment under the corn marketing order. “Affected producers" are currently defined as producers who grow corn in this state and sell that corn in commercial channels this state or another state. Members of the Corn Marketing Board are elected to represent 9 separate districts in the state. Board members must reside in the districts they represent (even if they grow corn in another district). “Affected producers" must reside in the district in which they vote (even if they grow corn in another district).
Proposed Changes
Increased Assessment
This rule increases the assessment paid by “affected producers" under the corn marketing order, from 1/10th of one cent per bushel (current assessment) to 1/2 cent per bushel (proposed assessment).
Producers Subject to Assessment
This rule changes the basis on which assessments are collected, and changes the set of producers who are subject to assessment. Under this rule, an “affected producer" must pay an assessment on corn that the producer sells in this state, regardless of where the corn is grown. As a result of this change, a producer who grows corn in this state for sale in another state will no longer pay assessments on that corn. A producer who grows corn in another state, for sale in this state, will for the first time pay assessments on that corn.
Exemptions
Current rules exempt some corn from assessment. This rule retains and clarifies the current exemptions. Under this rule, an affected producer is not required to pay assessments on any of the following:
• Corn that the producer produces for his or her own use (does not sell).
• Corn sold for seed.
• Corn sold directly to a buyer, other than a grain dealer who is required to be licensed under ch.
126, Stats., who uses the corn to feed the buyer's own livestock.
Handler Obligations
Under this rule, handlers in this state must collect assessments on grain that the handlers purchase in this state from in-state or out-of-state producers, and must remit those assessments to the marketing board on behalf of those affected producers. This rule clarifies that the handler's obligation to the marketing board accrues when the handler takes title to the grain, regardless of the date of grain pricing or payment, and regardless of the form in which the handler pays the affected producer for the grain.
Under this rule, as under the current rule, the handler must pay an assessment to the marketing board within 15 days after the end of the month in which the handler's obligation to the marketing board accrues. Under this rule, as under the current rule, DATCP or the marketing board may require the handler to provide relevant records and reports to DATCP or the marketing board.
Under this rule, as under the current rule, a handler must report to an affected producer each assessment that the handler collects from that producer. Handlers typically include these reports in their grain transaction settlement statements to producers. This rule clarifies that a handler who reports assessments as part of the normal settlement reporting process is not required to provide a separate annual statement to an affected producer.
Marketing Board Elections
This rule changes voter eligibility requirements in marketing board elections, to correspond with changes in marketing order coverage. Under this rule, all producers who are required to pay assessments to the marketing board will be eligible to vote in marketing board elections. Thus, in-state and out-of-state producers who pay assessments on corn that they sell in this state will be eligible to vote in marketing board elections, and run for election to the marketing board. Producers who grow corn in this state, but sell all of their corn in other states, will no longer pay assessments as “affected producers" and hence will not be eligible to participate in marketing board elections.
Under this rule, an “affected producer" may vote or run for election in a marketing board district in which the producer resides or, if the “affected producer" resides outside this state, in a district where the “affected producer" sells corn in this state. An out-of-state producer who sells corn in more than one district in this state may vote and run for election in only one of those districts.
This rule clarifies, per current provisions of ch.
ATCP 140, Wis. Adm. Code, that the marketing board may reapportion districts only with the approval of DATCP secretary. This rule clarifies, but does not substantially alter, other procedures for nominating, electing and ensuring the eligibility of marketing board members.
Fiscal Estimate
This rule would have no fiscal impact on DATCP or local units of government, beyond the estimated $24,000 cost of adopting the rule. The Wisconsin Corn Promotion Board (CPB) would reimburse this cost.
This rule would increase revenues to the Wisconsin Corn Promotion Board (CPB). The CPB currently collects approximately $183,000 per year in producer assessments. Under this rule, CPB would collect approximately $915,000 per year in producer assessments.
Initial Regulatory Flexibility Analysis
This rule would affect approximately 23,000 corn producers, and approximately 300 handlers who collect and remit marketing order assessments on behalf of corn producers. Many of these producers and handlers are “small businesses."
This rule would increase producer assessments, from an average current assessment of approximately $8 per producer per year to an average proposed assessment of approximately $40 per producer per year. Actual assessment amounts would vary by producer. Some producers who currently pay assessments would no longer pay assessments under this rule (producers who grow corn in this state but sell all of their corn out-of-state). Other producers would pay assessments for the first time under this rule (out-of-state producers who sell corn in this state).
This rule must be approved in a referendum of affected producers. Producers who are affected either by the current rule, or by the proposed rule, will be allowed to vote in the referendum. As under the current rule, any producer who pays assessments under the proposed rule would have the option of demanding a refund of those assessments from the CPB. The CPB would be required to refund producer assessments upon demand, as under the current rule.
This rule would not have a large impact on handlers, although the change in rule coverage could require some handlers to collect and remit assessments for a slightly different set of producers. This could require some initial adjustment in billing and recordkeeping operations.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in Wis. Stat. ss.
15.08 (5) (b),
227.11 (2), and
443.10, and interpreting s.
442.10, Stats the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate s.
A-E 4.09 as relating to specific application documentation for applicants by comity and applicants for initial licensure.
Hearing Date, Time and Location
Date: November 14, 2003
Time: 9:30 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 November 24, 2003, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: s.
443.10.
Current rules define contents of applications for licensure. Section
A-E 4.09 provides that applications for licensure will include specific information and documentation that will verify the applicant's education, experience and training. The current rules do not provide specific application requirements for different types of applicants. For example, applications for original licensure now require the same documentation as applications by comity. Because applicants by comity are already licensed and practicing in another state, the documentation needed by the board to determine their eligibility for licensure in Wisconsin is not the same as that needed for an applicant for initial licensure.
TEXT OF RULE
SECTION 1 A-E 4.09 is repealed and recreated to read:
A-E 4.09 Application contents. (1) An application for original licensure shall include all of the following:
(a) Transcripts or apprenticeship records verifying the applicant's education and training.
(b) References from at least 5 individuals having personal knowledge of the applicant's experience in professional engineering, 3 of whom are registered professional engineers.
(c) A chronological history of the applicant's employment.
(d) Any additional data, exhibits or references showing the extent and quality of the applicant's experience that may be required by the professional engineer section.
(2) An application for licensure by comity from another state shall include all of the following:
(a) Verification of licensure submitted directly from all states, territories or provinces of Canada where the applicant is or has been licensed, including a statement regarding any disciplinary actions taken.
(b) Any additional data, exhibits or references showing the extent and quality of the applicant's experience that may be required by the professional engineer section.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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), Stats.
Notice of Hearing
Commerce
(Uniform Dwelling Code, Chs.
Comm 20-
25)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.64 (3),
101.72 and
101.74 Stats., the Department of Commerce will hold a public hearing on proposed rules relating to Exiting from Small Dwellings and Rail Spindle Spacing.
The public hearing will be held as follows:
Tuesday, October 28, 2003 @ 10:00 AM
Tommy G. Thompson Commerce Center
Conference Room 3C (Third Floor)
201 West Washington Avenue, Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, November 14, 2003, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Duane Hubeler, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
dhubeler@commerce.state.wi.us
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis of Proposed Rules
Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish standards for the construction of 1- and 2-family dwellings. During the last biennial review of these rules, the department developed a proposal to decrease the maximum open space between rail spindles on stairways and other elevated areas such that a 4-inch sphere cannot fit through to be in agreement with national standards as specified under s.
101.63 (1). At the request of the Chair of the Assembly Committee on Housing, the Commerce Secretary withdrew that proposal pending further study by the Uniform Dwelling Code Council. After studying additional cost and safety data, the UDC Council unanimously reaffirmed its recommendation to adopt these rules.
Also during the last review, the department developed less stringent rules for exiting from small dwellings. After implementation, the department became aware that the size threshold had been set too low for many cabins located at campgrounds. The department believes the size threshold should be increased to avoid imposing a burden on such cabins. The department believes this change will not adversely affect safety in those dwellings.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Fiscal Estimate
The proposed rule change will have an effect on two specific areas of dwelling design. Both issues are covered under the current code but with different dimensions. There will be no impact on municipal inspections and no fiscal impact on any unit of government.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Home builders and campgrounds will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other similar procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Notice of Hearing
Health and Family Services
(Management and Technology and Strategic Finance– Chs.
HFS 1—)
Notice is hereby given that, pursuant to s.
227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider proposed permanent rules creating ch.
HFS 2, relating to Department recoupment of program benefit overpayments from program recipients.
Hearing Information
The public hearing will be held:
Wednesday, November 5, 2003 at 1:00 p.m.
State Office Building
1 West Wilson St.
Room B145
MADISON
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available on site.
Analysis Prepared by the Department of Health and Family Services
The Department proposes to create a new chapter of administrative rules, ch.
HFS 2, that addresses the Department's ability to recoup overpayments the Department made to recipients of Department program benefits.
Under section 16.51 (4) of the Wisconsin Statutes, the Wisconsin Department of Administration is responsible for the collection of all monies due the state. In the State Accounting Manual, the Department of Administration has, in turn, assigned to each State agency the responsibility to establish and document internal procedures to assure that all accounts are recorded, billed and collected or written-off in an efficient and timely manner. This includes the return of benefits that were overpaid to recipients.
To date, the Department of Health and Family Services has relied on its written overpayment policy to authorize the procedure the Department uses to recoup benefit payments. In 1999, in Mack vs. DHFS, 231 Wis. 2
nd 844, 605 N.W. 2
nd 651 (Ct. App. 1999), the Wisconsin Court of Appeals found that although the Department has the right to recover erroneous payment of public funds, the Department could not employ its recoupment process without promulgating the process as an administrative rule. Therefore, the Department proposes to promulgate its procedure for recouping overpayments as ch.
HFS 2.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
www.adminrules.wisconsin.gov
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Amy Korpady
Division of Management and Technology
P.O. Box 7850
Madison, WI 53707-7850
608-266-2708
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Tuesday, November 10, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The purpose of the proposed ch.
HFS 2 is to increase the Department's ability to implement its policy for recouping overpayments of benefits to individuals and other accounts receivable. The Department assumes that, in most circumstances, recoupments that result from this policy will be realized as GPR-earned.
One specific type of overpayment involves payments made for child welfare services through the Bureau of Milwaukee Child Welfare. The Department estimates that this rule will result in an annual increased recoupment of these overpayments of $30,000 to $45,000. It is likely that the Department could generate additional revenues from recoupment of benefits in other DHFS programs as well. The amount of revenue from recoupments cannot be estimated.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
[CR 03- 090]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
in ss.
15.08 (5) (b),
227.11 (2), and
457.03 (1), Stats., and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2) and
3.09 (2), relating to a foreign degree to be equivalent to a degree from an accredited school in the United States.
Hearing Date, Time and Location
Date: October 23, 2003
Time: 9:30 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 November 3, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted: s.
457.08, Stats.
Under current requirements, applicants for social worker certification or licensure must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification or licensure if the applicant obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees, and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees.
Sections 1, 2, 3 and 4 amend the rules to permit the Social Worker Section to accept from applicants for social worker certification or licensure a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school.
Text of Rule
SECTION 1. MPSW 3.01 (2) is amended to read:
MPSW 3.01 (2) Verification that the school or program which awarded the social work degree was accredited by
, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 2. MPSW 3.05 (2) is amended to read:
MPSW 3.05 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accredited pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 3. MPSW 3.07 (2) is amended to read:
MPSW 3.07 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 4. MPSW 3.09 (2) is amended to read:
MPSW 3.09 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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), Stats.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03, Stats., and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 4.01 (3) (a) to
(c), relating to supervised pre-certification and pre-licensure social work.
Hearing Date, Time and Location
Date: November 20, 2003
Time: 9:30 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 November 30, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statute interpreted: section
457.08, Stats.
Section 1 revises language describing the activities to be engaged in by a person acquiring supervised social work experience, for clarification.
Text of Rule
SECTION 1. MPSW 4.01 (3) is amended to read:
(3) A period of supervised practice of social work shall include, but not be limited to, practice in each of the following activities:
(a) Evaluation and assessment of difficulties in psychosocial functioning of a group or another individual;
(b) Developing plans or policies to alleviate those difficulties, and either carrying out the plan or referring individuals to other qualified resources for assistance;
(c) Intervention planning, which may include psychosocial evaluation and counseling of individuals, families and groups; advocacy; referral to community resources; and facilitation of organizational change to meet social needs.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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), Stats.
Notice of Hearing
Pharmacy Examining Board
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, Stats., and interpreting s.
450.09, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 6.04 (3) (a) (intro.); and create s.
Phar 6.04 (3) (c), relating to the professional service area requirements where the pharmacist is absent.
Hearing Date, Time and Location
Date: November 11, 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 November 25, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statutes interpreted: s.
450.09, Stats.
Modifications of s.
Phar 6.04 will allow a pharmacy to remain open without placement of physical barriers during temporary periods of absence from a pharmacy by a pharmacist under certain conditions, and sets forth permissible technician activities under s.
Phar 7.015 during the temporary absence of a pharmacist. Currently, s.
Phar 6.04 (3) (a) 1. and
2. provide that in the absence of a pharmacist a pharmacy may convert to a non-prescription or sundry outlet if certain requirements are met, in part the placement of a physical barrier. Modifying the rule will allow certain limited interactions between pharmacy staff and patients, as well as the carrying on of certain allowable pharmacy staff functions in the absence of a pharmacist. Patients will benefit by increased availability of pharmacy services.
Section 1 amends s.
Phar 6.04 (3) (a) (intro.) and adds a provision allowing a pharmacy in the absence of a pharmacist to continue to operate without converting to a sundry outlet if specific conditions are met.
Section 2 creates s.
Phar 6.04 (3) (c) specifying the conditions under which a pharmacy may continue to operate in the absence of a pharmacist without converting to a sundry outlet.
Text of Rule
SECTION 1. Phar 6.04 (3) (a) (intro.) is amended to read:
Phar 6.04 (3) Professional service area requirements where pharmacist is absent. (a) (intro.) A
Except as provided in par. c., if no pharmacist is present in the professional service area, a pharmacy may convert to a non-prescription or sundry outlet without a pharmacist present if the following requirements of the professional service area are met:
SECTION 2. Phar 6.04 (3) (c) is created to read:
Phar 6.04 (3) (c) Where no pharmacist is present in the professional service area a pharmacy is not required to convert to a non-prescription or sundry outlet if the following requirements are met:
1. The pharmacist is absent for a time period of one half hour or less.
2. The pharmacist must be accessible for communication with the remaining pharmacy staff by phone, pager or other device.
3. The pharmacy must indicate that the pharmacist is not available in the professional service area and indicate the period of absence and the time of the pharmacist's return.
4. Pharmacy technicians may only perform duties allowed by s.
Phar 7.015 (2).
5. Pharmacy technicians may not perform the remaining prohibited activities listed in s.
Phar 7.015 (3) or
(4).
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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), Stats.
Notice of Hearing
Public Service Commission
Hearing Date: Monday, October 27, 2003 – 9:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
The Commission proposes to amend s.
PSC 135.019 (3) of the Wisconsin Administrative Code to incorporate by reference recent changes to the federal pipeline safety regulations.
NOTICE IS GIVEN that a hearing will be held beginning on October 27, 2003, at 9:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Analysis Prepared by the Public Service Commission of Wisconsin
Under an agreement between the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 CFR Parts 192,
193 and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety. The Commission last promulgated revisions to ch.
PSC 135 in 1999. Since then, the federal DOT has adopted several final rules which revise the pipeline safety code. This amendment adopts those federal rules and incorporates them by reference. The federal changes include:
Federal Amendment 192-86, relating to qualification of pipeline personnel. This rule took effect August 27, 1999.
Federal Amendment 192-87, relating to determining the extent of corrosion on gas pipelines. This rule took effect on November 22, 1999.
Federal Amendment 192-88, relating to pipeline safety: gas and hazardous liquid pipeline repair. This rule took effect on January 13, 2000.
Federal Amendment 192-89, relating to underwater abandoned pipeline facilities. This rule took effect on October 20, 2000.
Federal Amendment 192-90, relating to qualification of pipeline personnel corrections. This rule took effect on August 20, 2001.
Federal Amendment 192-77, relating to safety in high consequence areas for gas transmission pipelines. This rule took effect September 5, 2002.
Federal Amendment 193-17, relating to incorporation of standard NFPA 59A in the liquefied natural gas regulations. This rule took effect March 31, 2000.
Federal Amendment 199-19, relating to drug and alcohol testing for pipeline facility employees. This rule took effect September 11, 2001.
Of the federal rules, the most significant change for natural gas public utilities in this state relates to the qualifications of pipeline personnel. This federal rule requires pipeline operators to develop and maintain a written qualification program for individuals performing covered tasks on pipeline facilities. The intent of this qualification rule is to ensure a qualified work force and to reduce the probability and consequence of incidents caused by human error.
A statement of scope on this rule was approved by the Commission on December 11, 2001, and was published in the Wisconsin Administrative Register on December 31, 2001.
Text of Proposed Rule
PSC 135.019 (1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through
May 20, 1999 [revisor inserts date], and incorporated in
49 CFR Parts 192,
193 and
199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter.
Initial Regulatory Flexibility Analysis
Natural gas utilities may experience modest increases in the cost of complying with new pipeline safety regulations due to increased requirements for operator qualifications. The proposed rules will have no effect on small business.
Fiscal Estimate
This rule has no fiscal impact.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions regarding this matter may be directed to docket coordinator Thomas Stemrich at (608) 266-2800.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16(1) and
348.07(4), Stats., interpreting s.
348.07(4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
November 7, 2003 at 11:00 a.m.
Portage County Highway Department
800 Plover Road
Plover, Wisconsin
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule.
This proposed rule creates Trans 276.07(35m), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segment that this proposed rule
adds to the designated highway system is:
Hwy. From To
CTH “B" USH 10 IH 39
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
1 The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2), and
453.03, Stats., and interpreting Ch.
453, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
VE 7.02 (5) (d) relating to the delegation of veterinary medical services to unlicensed assistants.
Hearing Date, Time and Location
Date: November 12, 2003
Time: 11:30 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 November 30, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statutes interpreted: Chapter
453, Stats.
Persons licensed to practice chiropractic or physical therapy are frequently providing those services to animals – often without referral or supervision by a licensed veterinarian. Additionally, veterinarians are often asked by clients to refer animals to chiropractors or physical therapists for care. Under current rules, those services may be delegated under immediate on-premises supervision of a veterinarian, which means that the veterinarian must either stand by where the animal is kept while the services are provided, or that the animals are brought to the veterinary clinic. The former alternative is expensive and wasteful. The latter alternative is difficult or impossible to accomplish in the case, for example, of an equine patient. The proposed rule would legitimize what is already occurring.
Text of Rule
SECTION 1. VE 7.02 (5) (d) is created to read:
VE 7.02 (5) (d) Medical services involving muscular or skeletal manipulation provided there is a written and signed protocol incorporating the following elements:
1. A statement that records of the intervention shall be kept in the patient's permanent file maintained by the delegating veterinarian;
2. A statement that the unlicensed provider is or is not covered by liability insurance;
3. Length and number of treatments;
4. Therapy limitations;
5. Location of the premises where the treatment is to be provided;
6. Address and telephone number of the unlicensed provider; and
7. Signatures of the veterinarian, the unlicensed provider and the client.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Initial 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), Stats.
Notice of Hearing
Workforce Development
(Civil Rights, Chs.
DWD 210 -
225)
NOTICE IS HEREBY GIVEN that pursuant to ss. Sections
111.375 (1) and
230.89 (1), Stats., as affected by
2003 Wisconsin Act 33; s.
230.45 (1e) (d), Stats., as created by
2003 Wisconsin Act 33; and ss.
103.005 (1),
106.50 (1s),
106.52 (2), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes affecting chs.
DWD 218,
220,
221,
224, and
225, relating to the transfer of Personnel Commission responsibilities to the Equal Rights Division and other revisions to civil rights rules.
Hearing Information
Monday, October 27, 2003 at 1:30 p.m.
GEF 1 Building, Room B103
201 East Washington Avenue
Madison
Visitors to the GEF 1 Building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster and East Washington.
Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutes interpreted: Subchapter
II of ch. 111 and subch.
III of ch. 230, Stats., as affected by
2003 Wisconsin Act 33; ss.
16.009 (5),
21.80 (7) (b) 1. or 2., 46.90 (4) (b), 50.07 (3) (b), 101.055 (8), 103.10, and 146.997, Stats., as affected by
2003 Wisconsin Act 33; s.
230.45 (1e), Stats., as created by
2003 Wisconsin Act 33; and ss.
103.10,
106.50,
106.52, and
106.54, Stats.
2003 Wisconsin Act 33 abolishes the Personnel Commission and transfers some of its duties to the Wisconsin Employment Relations Commission (WERC) and some of its duties to the Equal Rights Division (ERD) in the Department of Workforce Development. Duties transferred to WERC include appeal of various personnel decisions affecting state employees, arbitration of state employee grievances, and appeals under the county merit system rules. Duties transferred to ERD include processing complaints based on the following:
• Employment discrimination against state employees based on a protected class.
• Violation of the family and medical leave law affecting state employees.
• Retaliation or discrimination against state employees who provide information on conditions in a long-term care facility to the Board on Aging, information on elder abuse to a county agency or state official, or information related to licensing care and service residential facilities to a state official.
• Discrimination against state employees exercising their rights relating to occupational health and safety.
• Retaliatory discipline against state employee health care workers who report a violation of law or a quality of care standard to a supervisor, officer or director of the health care facility, or professionally-recognized accrediting or standard-setting body.
• Violation of reemployment rights of state employees after national guard, state defense force, or public health emergency service.
• Retaliatory discipline against state employee whistleblowers.
The ERD's duties have previously included processing complaints by nonstate employees for all of the issues listed in the above bullet points except whistleblower protection, which only applies to state employees. Before
2003 Wisconsin Act 33, there was a dual system whereby the Personnel Commission processed complaints on these issues by state employees and the ERD processed complaints by nonstate employees.
2003 Wisconsin Act 33 puts sole responsibility for processing complaints by state employees and nonstate employees in the ERD. The ERD has existing procedures for processing the complaints on the issues that have been within its authority:
• Chapter
DWD 218 applies to employment discrimination based on a protected class.
• Chapter
DWD 225 applies to violations of the family and medical leave law.
• Pursuant to the statutory authorizations for the complaint process on the other issues, they are handled in the same manner as employment discrimination based on a protected class, and the procedures in Chapter
DWD 218 are followed.
2003 Wisconsin Act 33, section
9139, transfers to ERD existing Personnel Commission (PC) rules on duties transferred to ERD and transfers to WERC existing PC rules on duties transferred to WERC. There are 7 PC rules. PC 3, relating to filing appeals, and PC 6, relating to the arbitration option for classification appeals, apply to duties transferred to WERC. PC 2, relating to filing and processing complaints, applies to duties transferred to ERD. PC 1, relating to authorization and general provisions; PC 4, relating to prehearing practice and discovery; PC 5, relating to hearings, decisions, and review; and PC 7, relating to Personnel Commission meetings and records, contain information that applies to duties transferred to both WERC and ERD. This seems to mean that PC 1, 4, 5, and 7 are to be transferred to both WERC and ERD, although these rules also contain information that is relevant only to one agency and not the other.
The department does not believe that adopting the PC rules for duties transferred from the PC is the best way to handle these new responsibilities. The department has well-established procedures for processing complaints against nonstate employers on these same issues (except for whistleblower protection). The department's existing rules can be amended with minor modifications to include complaints filed against state respondents. Adopting the PC rules would result in different procedures for state and nonstate respondents for no logical reason. This dual system would be more difficult to administer and would be confusing to complainants, many of whom are pro se. Adopting the PC rules would also require significant revising to remove irrelevant language on duties that have been transferred to WERC and obsolete language that relates only to the Personnel Commission. The department's existing rules can be modified to include state respondents much more simply. The department does not believe that repealing the PC rules will harm complainants who have a pending complaint against a state respondent. The differences between the ERD and PC rules do not affect substantive rights; they are all procedural. Confusion resulting in failure to comply with proper procedures would be more likely to affect substantive rights.
The department is repealing the PC rules affecting duties within ERD, amending the existing fair employment rules and family and medical leave rules to include state respondents, and creating new whistleblower protection rules. The fair employment and family and medical leave rules are amended to add a definition of agency; add agencies to the definition of respondent; and provide that state employee parties and witnesses who are interviewed or who appear at pre-hearing conferences, conciliation sessions, or hearings receive their full pay and travel expenses in accordance with the state reimbursement schedule. Witnesses summoned by a subpoena who are not state employees receive witness and mileage fees set forth in s.
814.67 (1) (a) and
(c), Stats., paid by the person issuing the subpoena. A new rule chapter is created to govern complaints filed under the whistleblower law. The new chapter is similar to the procedures used for fair employment, except department orders under the whistleblower law are not appealable to the Labor and Industry Review Commission. Department findings and orders under the whistleblower law are subject to judicial review under chapter 227, Stats.
The major differences between the old PC procedure and the existing and new ERD procedures include the following:
• Answer. Under the ERD rules, respondents respond in writing to the complaint within a time period set by the department or the department issues an initial determination based solely on information supplied by the complainant. A formal answer is required within 21 days after the notice of hearing on the merits following an initial determination of probable cause. Under the PC rules, a formal answer was required within 20 days after service of the complaint.
• Investigation. Under the ERD rules, the department has the power to subpoena persons or documents and seeks cooperation on obtaining other information while investigating. The PC had full discovery authority under chapter 804, Stats., and a party had 30 days to respond.
• State employee investigation waiver. Under s.
230.45 (1m), Stats., a state employee complainant could waive the PC investigation and proceed to hearing.
2003 Wisconsin Act 33 does not affect this provision. The “commission" language in s.
230.45 (1m), Stats., now refers to WERC. Even though s.
230.45 (1m), Stats., now applies to WERC, it still specifically mentions s.
103.10 (12) (b), Stats., relating to the family and medical leave law, which is under the jurisdiction of ERD. The ERD rules allow a state employee to waive the investigation for complaints filed under the family and medical leave law but not any of the other duties transferred from the PC.
• Appeal of initial determination of no probable cause. Under the PC rule and ERD's fair employment and whistleblower rules, the deadline for appealing an initial determination of no probable cause is 30 days. Under ERD's family and medical leave rule, the deadline is 10 days.
• Discovery. Under ERD's fair employment and whistleblower rules, a party seeking discovery directed at a party not represented by legal counsel must notify the party who is not represented and the chief of the hearing section or ALJ at least 10 days before conducting the discovery. All copies of demands for discovery must be filed with the department at the time they are served, and copies of responses and the original transcript of a deposition must be filed with the department. Under ERD's family and medical leave rule, a party must obtain written consent from the ALJ to conduct discovery directed to a complainant not represented by legal counsel. The PC had no special provisions affecting discovery directed to a party not represented by legal counsel.
• State employee witnesses. The PC rules allowed an ALJ to issue a letter to compel the attendance of a state employee witness or the production of documents from a state employee. Under the ERD rules, a subpoena is required.
• Exchange of exhibits and witness lists. Under the PC rules, witness lists and copies of exhibits had to be exchanged at least 3 days before the hearing. Under the ERD rules, they must be exchanged at least 10 days before the hearing.
• Place of hearing. The PC had discretion on the location of the hearing. In fair employment and whistleblower cases, the ERD must hold the hearing in the county where the alleged act of discrimination occurred or another location with the consent of the parties. In family and medical leave cases, the ERD hearing is either in the county of the respondent's principal place of business or the county in which the action prohibited by the law appears to have occurred.
• Proposed decisions. The PC hearing examiners issued proposed decisions with the opportunity for parties to file written objections. The final decision was issued by the Personnel Commissioners. The ERD hearing examiners do not issue proposed decisions.
• Appeal. Orders of the Personnel Commission were subject to judicial review under ch.
227, Stats. Orders of the ERD may be appealed to the Labor and Industrial Review Commission (LIRC) and then circuit court, except family and medical leave cases and whistleblower cases, which are appealable directly to circuit court and not LIRC.
The above changes related to the transfer of Personnel Commission responsibilities to the Equal Rights Division were ordered by emergency rule. In addition, the department proposes the following revisions to the civil rights rules:
• The deadline to amend a complaint absent a finding of good cause is changed from 20 to 45 days before the hearing in the fair employment, fair housing, and public accommodations rules.
• The department may dismiss a portion of a complaint if that portion fails to meet the department's preliminary review that the parties are covered by the relevant law and the complaint states a claim for relief under the fair employment, fair housing, public accommodations, or family and medical leave law. Authority to dismiss the entire complaint already exists.
• The department may dismiss a complaint prior to the investigation if the complainant fails to respond to certified mail from the department within 20 days, the complainant signed a valid release of the claim, or the allegations in the complaint have been previously dismissed by the department or a state or federal court. This dismissal is subject to appeal to an ALJ in the Equal Rights hearing section and further appeal to LIRC. This revision is proposed for the fair employment and fair housing rules.
• The respondent shall mail a copy of the answer to other parties and file a certification of mailing with the department, rather than the department serving the answer on the other parties. This revision is proposed for the fair employment, fair housing, and public accommodations rules.
• Names of witnesses and copies of exhibits must be exchanged with other parties and filed with the division at least 10 days before the hearing. The proposed rule makes service complete upon mailing rather than receipt. It also provides for mandatory, rather than discretionary, exclusion of witnesses and exhibits not identified in a timely fashion, unless good cause is shown. These proposed changes affect the fair employment and fair housing rules.
• An appeal of a preliminary determination dismissing a complaint in a family and medical leave case will heard by an ALJ in the division hearing section. Under the current rule, the division administrator of the Equal Rights Division, or a person assigned by the administrator, receives these appeals.
• The proposed rule makes conciliation discretionary, rather than mandatory, in family and medical leave cases.
Initial Regulatory Flexibility Analysis
The rule changes primarily affect state respondents and individuals filing complaints against state respondents. There are some minor changes that may affect small business but these changes will not have a significant economic impact on these businesses.
Fiscal Impact
The proposed rule changes do not have a fiscal effect on state or local government.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than October 31, 2003, will be given the same consideration as testimony presented at the hearing.
