Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the June 30, 2004, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
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Commerce
(CR 03-075)
An order affecting ch. Comm 5, relating to licenses, certifications and registrations. Effective 8-1-04 and 2-1-05.
Summary of Final Regulatory Flexibility Analysis
The Statutes authorize the Department to administer the issuance of numerous credentials as part of the Department's responsibility for protecting the safety and health of frequenters and occupants in public buildings, places of employment and one- and 2-family dwellings. The proposed revisions in the credential rules are minimum requirements to meet the directives of the Statutes, and any less stringent requirements would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions - Banking
(CR 04-001)
An order affecting ch. DFI-Bkg 17, relating to the process for the organization of interim banks. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will not have an effect on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Kickapoo Reserve Management Board
(CR 03-108)
An order affecting ch. KB 1, relating to use of the land, water and facilities in the Kickapoo Valley Reserve. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will not have an effect on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 03-058)
An order affecting chs. MPSW 10 and 13, relating to the National Counselor Mental Health Certification Examination. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 03-090)
An order affecting chs. MPSW 3, 11 and 16, relating to the determination of the equivalency of a foreign degree to a degree from an institution accredited in the United States, and to require some candidates to demonstrate English proficiency. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 02-097)
An order affecting the ch. NR 400 series, relating to the control of hazardous air contaminants. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
While an analysis of the proposed rule initiated by WMC indicated a potential of high costs associated with the proposed revisions, a more focused analysis on small businesses conducted by the Department of Commerce indicates that for typical small manufacturers in Wisconsin the administrative costs associated with adding substances to ch. NR 445 was relatively small. The Department of Commerce survey indicates that most small manufacturers would need to spend less than $2000 in one-time administrative costs. Elements of the rule that limit the impact on small businesses include establishing an “incidental emitters" category and limiting the compliance requirements to certain processes and chemicals of special concern, limited applicability tables and establishing bounds on the scope of the search and inquiry process.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On October 3, 2003, the committees detailed concerns on the proposed rule and asked for modifications. The modifications made by the Natural Resources Board related to the process for determining the need to regulate additional contaminants, the regulation of diesel generators and the applicability of ch. NR 445 emission limits to agricultural facilities and livestock operations.
Natural Resources
(CR 02-144)
An order affecting ch. NR 25, relating to commercial fishing in Lake Michigan. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
Although small numbers of smelt are taken using other gear, almost all of the commercial smelt harvest is taken by trawl by the five commercial license holders with trawling privileges. As smelt abundance has declined, so has the total annual commercial smelt harvest from Wisconsin waters of Lake Michigan from 1,835,387 pounds in 1990 to 294,832 pounds in 2002. The summer harvest from Green Bay declined from over 1,000,000 pounds in 1988 to 291 pounds in 2002. The reduction in the allowable commercial harvest from 351,993 pounds to 25,000 pounds for Green Bay waters will not have a significant fiscal impact on the trawlers due the small harvest now being taken.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. The Assembly Committee on Natural Resources objected to the Department's original proposal to close the commercial smelt harvest in Green Bay until July 1, 2008 or July 1, 2007. The rule was modified to allow a catch quota of 25,000 pounds.
Natural Resources
(CR 03-107)
An order affecting ch. NR 20, relating to sport fishing for yellow perch in Green Bay and its major tributaries and all other tributary streams, rivers and ditches to Green Bay and commercial fishing for yellow perch in Green Bay. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
No additional compliance or reporting requirements will be imposed as a result of these rule changes; the regulations will stay as they currently exists for two additional years.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. No comments were received.
Pharmacy Examining Board
(CR 04-002)
An order affecting ch. Phar 2, relating to the practical examination, NAPLEX and the multi-state pharmacy jurisprudence examination. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Veterans Affairs
(CR 04-003)
An order affecting ch. VA 2, relating to the recovery of erroneous payments made under the tuition and fee reimbursement, part-time study, and retraining grant programs. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact on small businesses. The rule impacts individuals who receive veterans benefits.
Summary of Comments by Legislative Review Committees
No comments were received.
Workforce Development
(CR 03-125)
An order affecting ch. DWD 80, relating to worker's compensation. Effective 7-1-04.
Summary of Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis is not required because the rule will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
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