NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 (1),
458.03 (1) (b) and
458.085 (2) and
(3), Stats., and interpreting ss.
458.06 (2) (d),
458.08 (2) (d),
458.09,
458.10 and
458.13, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order of the Department of Regulation and Licensing to renumber RL 81.01; to renumber and amend RL 81.01 (1); to amend RL 82.01 (1), 83.01 (2) and 85.01 (1); and to create RL 81.01, 82.01 (4), (5) and (6), relating to applications, examinations, appraisal experience and continuing education (Real Estate Appraisers Board).
Hearing Date, Time and Location
Date: February 11, 2004
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 180
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
In this proposed rule-making order, the Department of Regulation and Licensing amends, renumbers, and creates several provisions contained in chs.
RL 81,
82,
83 and
85, rules of the Real Estate Appraisers Board.
Section RL 81.01 is renumbered to s. RL 81.02 and as renumbered, s. RL 81.02 (1) is amended as clean up change that has no substantive alterations.
Section
RL 81.01 is created as a prerequisite to submit an application for a licensed or certified real estate appraiser credential. Currently, an applicant can file an application at any time and then the application will “sit" idly until the person, if they even do so at all, complete the necessary experience and education work. Under this new section, the individual must complete the education hours first before completing an application.
Section
RL 82.01 includes the word “state" to clarify that it is issued by the state of Wisconsin.
Section
RL 82.01 (4),
(5) and
(6) are created to comply with the Appraiser Qualification Board's (AQB) Real Property Appraiser Qualification Criteria, Section IV of its most recent exposure draft.
Section
RL 83.01 (2) changes the minimum number of hours of an applicant seeking licensure as an appraiser to 2,000 hours of experience obtained over a period of not less than 12 months. This change reflects the requirements currently imposed by the AQB. The Appraisal Subcommittee of the Federal Institutions Examination Council is authorized to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions. The Appraisal Subcommittee is required to maintain a national registry of state certified and licensed appraisers who are eligible to perform appraisals in federally related transactions. One of the new requirements for placement on the roster is that an individual must be a state licensed or certified appraiser with credentials based on the minimum licensing or certification criteria issued by the AQB. An appraiser is not deemed to have credentials based on AQB standards if the state licensing and/or certification requirements did not conform to the AQB criteria at the time the appraiser obtained the license or certification.
Section
RL 85.01 is being amend so that the credential holder, when taking their 7-hour uniform standards of professional appraisal practice course (USPAP) for continuing education, no longer is required to take the USPAP examination. This reflects the AQB's most recent exposure draft.
Fiscal Estimate
This rule amendment requires candidates for Licensed Real Property Appraiser to gain 2,000 hours of qualifying appraisal experience over not less than 12 months in order to be eligible for licensure. The present requirement is for 500 hours of such experience.
Wisconsin licensed appraisers who did not meet the AQB experience requirement when they were licensed may be negatively impacted until their licenses are renewed with a certification that they now meet the experience requirement. The Department of Regulation and Licensing (DRL) does not have data to estimate how many such appraisers may need to be relicensed.
Reporting licensed appraisers to the national registry as they meet the AQB requirements will require DRL to modify IT data systems applications to reflect the increased experience requirements and to enable regular posting of AQB qualified appraisers to the national registry. This will require one-time IT programming of 80 hours at a value of programmer time of $35 per hour?including salary and fringe at 38.92% of salary. The value of the programming time is $2,800. In addition, DRL will incur one-time costs of $500 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
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.10,
341.405 (1) and
341.45 (5), Stats., and interpreting ss.
341.405 and
341.45, Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of February, 2004, at
10:00 AM, to consider the amendment of ch.
Trans 152, Wisconsin Administrative Code, relating to Wisconsin interstate fuel tax and international registration program.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business the day 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 comments should be submitted to Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule
This rule making amends ch.
Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in
1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.
The rule making clarifies terms of application requirements, including “established place of business," “reporting period," and “license." The rule codifies Department policy that an IRP, IFTA, or SSRS applicant's established place of business is in Wisconsin, and the documentation required to support the application. The rule also clarifies that the licensee is responsible to account for IFTA decals, and the penalty for failure to account.
The rule clarifies the Department's policy, including penalties and fees, when customers do not submit IFTA or IRP payments, or both, to the Department by the due date.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The Department anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses.
Copies of Rule and Contact Person
Copies of the proposed rule may be obtained upon request, without cost, by writing to Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955, or by calling (608) 261-2573. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Workforce Development
(Public Works Construction)
NOTICE IS HEREBY GIVEN that pursuant to sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of rules relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements.
Hearing Information
Thursday, February 19, 2004
1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at the hearing 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.
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 accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, 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
Adjustment of thresholds for application of prevailing wage rates. The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Under current law, the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $37,000, and do not apply to any multi-trade public works project for which the estimated cost is below $180,000.
Pursuant to ss.
66.0903 (5) and
103.49 (3g), Stats., and s.
DWD 290.15, the department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a national construction trade publication. This rule adjusts the thresholds from $37,000 to $38,000 for single-trade projects and from $180,000 to $186,000 for multi-trade projects based on a 3.33% increase in the construction cost index between December 2002 and December 2003.
Adjustment of thresholds for payment and performance assurance requirements.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for various requirements in proportion to any change in construction costs since the last adjustment if the adjustment would not be less than 5%. The last adjustment was effective in January 2002 based on figures from December 2001. The thresholds are adjusted to reflect a 6.13% increase in the construction cost index from December 2001 to December 2003. These adjustments are also based on changes in the construction cost index as published in the
Engineering News-Record and are rounded to the nearest thousand.
Initial Regulatory Flexibility Analysis
The proposed rules do not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
The proposed rules provide that a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $37,000 but less than $38,000 or a multi-trade project that costs more than $180,000 but less than $186,000 will not covered by the prevailing wage requirement.
Contact Information
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 February 20, 2004, will be given the same consideration as testimony presented at the hearing.
