Statutes Interpreted: ss.
92.05,
92.14,
94.72,
95.197,
95.71,
97.20,
97.22,
97.41,
98.03,
98.18 and
93.50, Stats.
This rule makes minor technical changes to a number of rules administered by the department of agriculture, trade and consumer protection (“DATCP"). This rule does all of the following:
•Changes current DATCP procedures for reimbursing Johne's disease testing costs. This technical change will make it easier for farmers to obtain reimbursement of testing costs.
•Updates technical standards that are incorporated by reference in current feed rules (ch.
ATCP 42, Wis. Adm. Code). The updates refer to the latest edition (2004) of the official publication of the Association of American Feed Control Officials. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Changes current dairy plant rules (ch.
ATCP 80, Wis. Adm. Code) to reflect the fact that DATCP, rather that the Department of Health and Family Services (DHFS), is now responsible for all of the following:
- Certifying dairy laboratories, and approving analysts to perform drug residue tests on milk. See ch.
ATCP 77, Wis. Adm. Code. The Legislature transferred this function from DHFS to DATCP (1995 Wis. Act. 27).
- Performing grade A milk certification audits for purposes of grade A interstate milk shipments. The Legislature transferred this function from DHFS to DATCP (
2003 Wis. Act 33).
•Changes current dairy farm and dairy plant rules (chs.
ATCP 60 and
80, Wis. Adm. Code) to make the rules consistent with current federal standards. This includes minor technical changes related to thermometers, pasteurization procedures, and multi-use plastic retail containers. This rule also updates technical standards incorporated by reference in the dairy plant rules (ATCP 80 Appendix A). The updates refer to the latest editions of 3-A Sanitary Standards and Accepted Practices published jointly by the International Association of Milk, Food and Environmental Sanitarians, Inc. and the United States Food and Drug Administration. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Updates technical standards that are incorporated by reference in current weights and measures rules (ch.
ATCP 92, Wis. Adm. Code). The updates refer to the latest editions (2004) of current weights and measures handbooks published by the National Institute of Standards and Technology. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Repeals and recreates current farm mediation and arbitration rules (ch.
ATCP 162, Wis. Adm. Code). The farm mediation and arbitration board, which was attached to DATCP for administrative purposes, originally adopted the current rules to govern the farm mediation and arbitration program under s.
93.50, Stats. However, the legislature subsequently abolished the farm mediation and arbitration board, transferred the program to DATCP, and expanded the scope of the program. This rule repeals the current rules and recreates them as DATCP rules. This rule also makes minor modifications to the current rules, to reflect statutory changes in the program and to reflect current policies and practices.
•Corrects typographical errors and cross-references, and makes other non-substantive drafting and organizational changes to current rules.
Fiscal Estimate
This rule makes minor technical changes to a number of existing rules. This rule will have no fiscal effect on the department or local units of government.
Initial Regulatory Flexibility Analysis
This rule will have no impact on small business.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
221.0704 and
227.11 (2), Stats., and interpreting s.
221.0704, Stats., the Department of Financial Institutions, Division of Banking, will hold a public hearing at the Department of Financial Institutions, Division of Banking, 5
th Floor Conference Room, 345 W. Washington Avenue in the city of Madison, Wisconsin, on the
12th day of February, 2004, at 1:30 p.m. to consider the creation of a rule relating to the process for the organization of interim banks.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
An order to create ch. DFI—Bkg 17, relating to the process for the organization of interim banks in accordance with ch.
221, Stats. Statutory authority: ss.
221.0704 and
227.11 (2), Stats. Statutes interpreted: s. 221. 0704, Stats. Summary: The purpose of the rule is to set forth the process for the organization of interim banks under ch.
221, Stats. The rule establishes documentation to be submitted to and issued by the division, and requirements regarding dissenters rights, capital structure and shareholders notices. Agency person to be contacted if there are substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. Agency person responsible for the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
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 (3), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), 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 2.03 (4), relating to the practical examination, NAPLEX and the multi-state pharmacy jurisprudence examination.
Hearing Date, Time and Location
Date: February 11, 2004
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 291
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 February 20, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current s.
Phar 2.03 (4) allows an applicant to be admitted to the practical examination, NAPLEX examination or multi-state pharmacy jurisprudence examination if the applicant is within 360 credit hours of completing an internship in the practice of pharmacy (for applicants certified by the foreign pharmacy graduate examination committee) or 60 days before graduation from a school or college of pharmacy approved by the board. In certain instances with other state pharmacy examining board, this rule may penalize applicants who wish to later transfer scores.
This modification will not allow an applicant to be admitted to the practical examination, NAPLEX examination or multi-state pharmacy jurisprudence examination prior to completing an internship in the practice of pharmacy, and either obtaining certification by the foreign pharmacy graduate examination committee where necessary or graduate from a school or college of pharmacy approved by the board.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff 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.
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
Public Instruction
NOTICE IS HEREBY GIVEN that pursuant to ss.
115.28 (7),
(7m),
(15) and
(17),
118.19 (11),
121.02 (1) (a), and
227.11 (2) (a), Stats., and interpreting ss.
115.28 (7),
118.19 and
118.192, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules amending ch.
PI 5, relating to high school equivalency diplomas and certificates of general educational development.
The hearing will be held as follows:
Date, Time and Location
February 13, 2004 @ 3:00 – 4:00 p.m.
Room 041
GEF 3 Building
125 South Webster St.
Madison
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Robert Enghagen, HSED/GED Administrator, (608) 267-2275 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than February 13, 2003, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
Section
115.29 (4), Stats., allows the state superintendent to establish the standards by which high school graduation equivalency is determined. The state superintendent issues a general educational development (GED) certificate and a high school equivalency diploma (HSED). To receive either the GED certificate or HSED, candidates must pass the GED test battery. The passing test scores are determined by the state superintendent and established in rule under ch.
PI 5. The proposed rules modify Chapter
PI 5 to reflect national GED test score changes made to the program and state fee charges allowed under the program. These modifications resulted from the following:
The 2002 Series GED Test content and the standard score scale used to determine passing scores changed dramatically from the 1988 series. Previously, the GED test scale ranged from a minimum of 20 to a maximum of 80 with a passing score set at 40 and an average of 45 on the five tests (reading, writing, mathematics, science and social studies) in the battery. The 2002 Series GED test scale ranges from a minimum of 200 to a maximum of 800. The proposed rule requires a passing standard score be not less than 410 on each of the five tests, with an average of 450 on the five tests in the battery. The 410 minimum score represents a 6% increase in performance expectations on the mathematics test, a 2% increase in performance expectations on the reading test, and a 3% increase in performance expectations on the science test.
2003 Wisconsin Act 33, the 2003-2005 biennial budget, allows the state superintendent to promulgate rules establishing fees for issuing a GED certificate or HSED. The rules may provide exemptions from the fees based on financial need. The fee will be charged to an individual applying for a GED certificate or HSED on or after January 1, 2004. GED/HSED fees were not charged in the past but are now allowed and necessary because the Act eliminated general purpose revenue (GPR) used to support GED program administration. Administration funds are necessary to operate the GED program and include approving test accommodations; opening, monitoring and closing test centers; reviewing and approving alternative curriculum; reviewing and approving credential awards; and issuing GED/HSED credentials.
Fiscal Estimate
GED FEE:
The rules allow a high school graduation equivalency declaration or a general educational development certificate (HSED/GED) credentialing fee to be charged to individuals.
2003 Wisconsin Act 33 authorized the department to charge fees for issuing a HSED/GED, creating a program revenue appropriation to fund the program. In FY04 (1/1/04-6/30/04), the department expects to incur GED administration costs of $61,800. In FY05 (7/1/04-6/30/05), the department expects to incur GED administration costs of $123,500.
Fees were not charged in the past but are now allowed and necessary to replace the loss of state GPR administration funds which were used, in part, to support program staff and fees charged by the GED Testing Service (GEDTS). Further, if fees are not charged, the department would have insufficient funds to provide for approving of test accommodations; opening, monitoring and closing test centers; reviewing and approving alternative curriculum; reviewing and approving of credential awards; and issuing HSED/GED credentials.
With some exceptions, the department proposes to charge $15 to issue a credential to anyone applying for a HSED/GED on or after January 1, 2004. A reduced fee of $5 will be charged to adults in corrections. Exemptions from fees are allowed for all of the following:
Persons 65 and older
Juveniles in corrections.
