Scope statements
Barbering and Cosmetology Examining Board
Subject
Waxing, managers' responsibilities and other minor changes.
Objective of the rule. To specify requirements for waxing by all licensees, to revise requirements regarding the presence of a manager on-site and the supervision of apprentices by managers, and to make other minor changes, such as replacing the limited term “artificial nails" with the broader term "nail enhancement."
Policy analysis
The Board wishes to incorporate into the rules a specific reference to the practice of waxing by all licensees, which is implicit in the rules already because it is listed in the school curricula for licensees.
The Board recognizes that requirements regarding the presence of a manager on-site and the supervision of apprentices by managers may safely be relaxed for brief periods if the manager delegates his or her responsibilities to an experienced practitioner.
No important or controversial policies would be affected by the other minor rule changes. For example, the Board wishes to replace the term “artificial nails" with the more current and comprehensive term “nail enhancement" in numerous places in the rules.
Comparison to federal regulations
The federal government does not regulate barbers and cosmetologists, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries for waxing, managers, artificial nails, or nail technology for barbers or cosmetologists.
Comparison with similar rules in adjacent states.
In Illinois, waxing is listed as a curriculum requirement for schools of aesthetics (68 I.A.C. 1175.835). Illinois has no rule comparable to the Wisconsin Board's rule regarding a manager's responsibility to be present in the salon at all times. Illinois rules use the term "nail technology" and do not use “artificial nails."
Indiana rules mention waxing as a curriculum requirement for aesthetics (820 IAC 4-4-7.1), but do not refer to barber/cosmetology managers, nail technology or artificial nails.
Iowa rules list waxing as an aesthetics practice (Iowa Code 157.1). Iowa has no rule comparable to the Wisconsin Board's rule regarding a manager's responsibility to be present in the salon at all times. Iowa rules use the term “nail technology" and do not use “artificial nails."
Michigan rules do not mention waxing or a manager's responsibility to be present in the salon at all times. Michigan rules use the term “artificial nails" and do not use “nail technology."
Minnesota rules use the term “artificial nails" but do not mention waxing or “nail technology". Minnesota rules permit a licensed manager to designate a responsible person to act in the manager's absence (Minn.R. 2642.0390).
Anticipated impact on the private sector
Most licensees of the board (barbers, cosmetologists, aestheticians, electrologists, and manicurists) practice in small businesses in the private sector. The recognition of waxing services in the rules will provide explicit authority for licensees to offer those services and to expand their practices, and the revision of requirements regarding the presence of a manager will eliminate unnecessary restrictions on a manager's activities.
Statutory authority
Wis. Stats., sections 15.08 (5) (b) and 227.11 (2).
Staff time required
Total: 30 hours.
Barbering and Cosmetology Examining Board
Subject
Objective of the rule. To refine existing rules regarding the provision of chemical peel and microdermabrasion services by board licensees.
Policy analysis
The Board recently placed restrictions on its licensees performing microdermabrasion, chemical skin peels, and laser hair removal. Based on further experience with those technologies, the Board recognizes that the restrictions can be relaxed for microdermabrasion and chemical skin peels.
Comparison to federal regulations
The federal government does not regulate barbers and cosmetologists, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries for microdermabrasion or chemical peels for barbers or cosmetologists.
Comparison with similar rules in adjacent states
Three of the five surrounding states – Illinois, Iowa and Michigan -- have no regulations that address the provision of microdermabrasion or chemical peel services by barbers or cosmetologists. Indiana considers microdermabrasion to be a medical procedure. The last of the five surrounding states – Minnesota -- refers to microdermabrasion as a medical procedure and chemical peels as a health service. This leads to the conclusion that Wisconsin has already taken the lead in this area by permitting board licensees to perform the services under the supervision of a medical professional, and Wisconsin will continue to lead by creating definitions that distinguish services that may be provided without medical supervision.
Anticipated impact on the private sector.
Most barbers and cosmetologists practice in small businesses in the private sector. The removal of existing restrictions would allow barbers and cosmetologists to safely offer microderm and chemical peel services without medical supervision. This will permit licensees to expand their practices. No written analysis or formal research was involved in reaching this conclusion.
Statutory authority
Staff time required
Total: 72 hours.
Insurance
Subject
Objective of the rule. The proposed rule will bring the administrative requirements in compliance with the modifications made to ch.
609, Wis. Stats., by enactment of
2001 Wisconsin Act 16. Modifications are proposed to treat the varying types of health benefit and health care plans in a manner that reflects the unique nature of the insurance product. Modifications will also include consumer protection requirements necessary to ensure minimum access to participating providers for insurance plans marketed as comprehensive health insurance.
Policy analysis
The existing administrative code reflects prior statutory law that may be inconsistent with statutory requirements. The proposed rule will incorporate appropriate oversight of all types of health insurance including requirements that reflect the nature of each product. The Office will establish minimum requirements for access and benefit coverage.
There is no viable alternative to establishing by rule the requirements for these health insurance products. The statutory framework contained within ch.
609 and s.
632.85, Wis. Stats., raise the issues that the proposed rule will address.
Statutory authority
Staff time required
200 Hours.
Description of all entities affected by the rule
The proposed rule will affect insurers which offer defined network plans, health maintenance organizations, preferred provider plans and limited service health organization plans. Insurers will be required to revise their relationships, including provider and insurance contracts, with health care providers, health care provider networks, employers and individuals.
Comparison to federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Natural Resources
Subject
Objective of the rule. The revisions proposed to ch.
NR 488 will apply existing requirements to those handling equipment containing some refrigerants that are substitutes for ozone-depleting refrigerants; clarify operator training and recordkeeping requirements; and specify increases in registration fees.
Policy analysis
Adding Substitutes for Ozone-Depleting Refrigerants: The original regulatory programs for Department of Natural Resources, Dept. of Agriculture, Trade & Consumer Protection (DATCP) and Commerce (previously Dept. of Industry, Labor and Human Relations, DILHR) were meant to control emissions of ozone-depleting refrigerants (ODRs) when servicing and salvaging equipment. In 1995 the state legislature provided statutory authority for the refrigerant programs to add other, non-ozone-depleting refrigerants which are substitutes for ODRs to these regulatory schemes (see s.
285.59(6), Wis. Stats.). Many of these substitutes are global-warming gases and have already been added to the DATCP program regulating those who perform service on vehicle air-conditioning equipment. Vehicles and many other types of refrigeration and air-conditioning equipment are now entering the salvage arena with these substitute refrigerants, so controlling their emissions during salvage will prevent additional damage to the environment.
Under existing ch.
NR 488 provisions, those who salvage or dismantle refrigeration or air-conditioning equipment containing ODRs must properly recover the refrigerants using approved equipment operated by qualified technicians. The entity recovering the refrigerants must register annually with the Department, maintain certain records, and supply documentation to whoever is receiving that equipment for scrapping that the refrigerants were properly removed. Those who transport appliances containing ODRs must certify their “safe transport" to the Department. The proposed revisions will apply these same standards to persons salvaging or transporting equipment containing ODR substitutes which are global-warming substances.
Other substitutes for ozone-depleting refrigerants, such as ammonia, nitrogen, water and carbon dioxode, are not global-warming substances, and either do not pose a significant harm to the environment or are controlled by other regulatory programs, so these revisions will not apply to those substances.
Clarify Operator Qualifications: Existing ch.
NR 488 language allows individuals who qualify for refrigerant recovery under Department of Commerce regulations to also qualify for this program. For individuals who recover refrigerants from “stationary" equipment (e.g., home appliances, building air conditioners) language will be updated to continue to accept persons qualified under modified Commerce Department regulations and to accept appropriate U.S. EPA operator certifications.
Clarify Recordkeeping for Salvaged Equipment: Current language requires those recovering refrigerants to keep records of “the type and quantity of refrigeration equipment salvaged or dismantled." Thus records can simply indicate they have processed “12 refrigerators, 7 ACs, 5 humidifiers in May 2004." This has posed a problem for the Department when trying to determine exactly what has been processed. Language will be proposed to require more specific identification of individual units processed to allow better tracking and review of regulated activity.
Fee Increases: Registration fees imposed on regulated parties (salvagers and safe transporters) fund the ch.
NR 488 program. The fees have not been raised since the rule became effective in 1993. Program expenses are expected to exceed revenues in the near future, so the fees must be increased. Those who are basically “salvagers" (mostly auto and appliance salvagers) pay $250 annually to register to recover refrigerants. If they are already registered with DATCP or Commerce and only “salvage" as a minor activity incidental to providing their repair service, they are charged $125/year. Safe Transporters pay a $75/year base fee and $25 per vehicle used to haul appliances. The $75 is waived for those already registered to salvage in this program. Registration fees for salvagers and safe transporters will be increased about 20% in order to cover increasing program costs.
Statutory authority
Chapter
NR 488 regulations were promulgated to administer s.
285.59, Wis. Stats. In 1995, the state legislature provided additional authority by adding s.
285.59(6): “Department Powers. The Department may promulgate rules providing that any portion of sub. (2), (3), or (4) applies with respect to a substance used as a substitute for an ozone-depleting substance."
Staff time required
328 hours.
Comparison to federal regulations
The 1990 Clean Air Act Amendments (Section 608) regulate the recovery of ozone-depleting refrigerants from salvaged equipment. Regulations developed under this section (
40 CFR Part 82) require those who perform recovery to notify EPA of their activities on a one-time form with no fee and set standards for recovery equipment, operator certification and documentation of recovery to the final disposal entity (e.g., scrap metal processors). Section 608 also includes a “self-effecting" statutory ban on the release of refrigerants that are substitutes for ozone-depleting refrigerants, which became effective November 15, 1995. Further regulatory clarification of this ban was presented as a final rule amending
40 CFR Part 82 on March 12, 2004, extending the disposal requirements specifically to equipment containing any substitute refrigerants except those specifically exempted in certain applications. In this ruling U.S. EPA determined that global-warming refrigerants “have adverse environmental effects" and thus are continuing the statutory ban for releasing these refrigerants.
All entities affected by the rule
Vehicle and appliance salvagers are the largest group of affected entities. They can choose to register and recover refrigerants themselves or hire another registered entity to perform this work at their facilities. Scrap metal processors receive the processed equipment and require verification that all remaining refrigerants have been removed. Heating, ventilating and air conditioning (HVAC) service businesses are regulated when they recover refrigerants from building air-conditioning or refrigeration systems that are being retired during replacement or demolition. Private and public waste haulers that collect discarded refrigerated appliances from residents and businesses must prevent refrigerant releases and certify Safe Transport of this equipment. Demolition contractors must arrange for any AC or other equipment at the site to be properly recovered before scrapping. They will usually subcontract this service to an HVAC business. Individuals who recover refrigerants from salvaged equipment, or those who supervise these individuals, must meet specified training requirements.
Natural Resources
Subject
Objective of the rule. This proposal revises certain motor vehicle emission limitations in Table 1 of s.
NR 485.04, Wis. Adm. Code. It also makes a minor revision to the catalytic converter replacement provisions in s.
NR 485.06 (2), Wis. Adm. Code.
A. Emission Limitations:
The emission limitations subject to this revision are the pass/fail standards for the state's motor vehicle inspection and maintenance (I/M) program. This program is operating in the seven southeastern Wisconsin Counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha.
The proposed rule will make the following changes to the I/M program's emission limitations. First, it will relax the emission limitations for oxides of nitrogen (NOx) for some groups of trucks and older cars to provide adequate allowance for deterioration of the emission control systems for these vehicles. Second, it will establish new emission limitations for model year 2005 and newer heavy-duty trucks to account for the new federal certification standards required for these trucks. And, third, it will simplify the emission limitations for some categories of model year 1994-1996 vehicles so that the lane inspector would not need to decode data under the vehicle's hood in order to determine the proper limitations. These changes are recommended in a report evaluating Wisconsin's I/M program, prepared for the Wisconsin Legislature by the Departments of Natural Resources and Transportation.
B. Catalytic Converter Replacement Provisions
The current rule allows for the replacement of a vehicle's original catalytic converter with aftermarket equipment certified by the U.S. Environmental Protection Agency if the vehicle is older than 5 model years or has more than 50,000 miles on the odometer. However, federal regulations warrant the original equipment catalytic converter for model year 1995 and newer vehicles for 8 years or 80,000 miles (whichever comes first). The proposed rule will revise the provisions for catalytic converter replacement to make them consistent with federal age and mileage limits for warranty.
Policy analysis
The proposed rule will not impose any new requirements. It continues the Department's policy, as required under s.
285.30 (2) (b), Stats., of revising the motor vehicles emission limitations, as needed, to levels attainable by reasonable preventive maintenance practices. The most important reason why the proposed rule is needed to relax the NOx emission limitations is because the I/M program found some of the NOx emission limitations to be too close to the vehicles' federal certification standards, providing inadequate allowance for deterioration due to age and mileage. The changes in the NOx emission limitations could result in fewer NOx emission reductions from the I/M program then the DNR projected for attainment of the 1-Hour ozone standard.
The main policy issue is deciding how to offset the NOx reductions lost from relaxing the NOx emission limitations. The department is proposing to accomplish this offset by compensating for the lost NOx reductions by reducing the “safety margin" in the State Implementation Plan (SIP) associated with the transportation sector. This safety margin is provided in the state's plan for attaining air quality standards. The lost NOx reductions would comprise less than 3% of the NOx safety margin. This small reduction in the safety margin would not jeopardize the state's air quality plan. Nor would it significantly put at risk the conformity of transportation plans and programs to the state's air quality plan.
Statutory authority
Staff time required
The department will need about 284 hours of total staff time.
Comparison to federal regulations
The federal motor vehicle certification standards regulation addresses the activities regulated by the proposed rule. Motor vehicles must be certified by the U.S. Environmental Protection Agency to comply with these emission standards before they can be sold in the United States. These standards are more stringent than the emission limitations in the proposed rule. In fact, a key reason for proposing this rule is that the Wisconsin I/M program found some of the current emission limitations to be too close to the federal certification standards, thus providing inadequate allowance for deterioration due to age and mileage.
All entities affected by the rule
The entities affected by the proposed rule are some vehicle owners and vehicle repair technicians in the seven-county I/M program area. Slightly fewer vehicles would fail the emissions test because of the relaxed NOx emission limitations. These will largely be older vehicles of model year 1995 and older. Thus, slightly fewer vehicle owners would need to take their vehicle to a repair garage for repairs to pass a retest.
Regulation and Licensing
Subject
Creation of rules to reflect newly created statutory requirements for Athlete Agent credentialing, practice, and discipline.
Policy analysis
The creation of administrative rules for the regulation of athlete agents is necessary to implement newly created Subchapter XII of chapter 440 of the Wisconsin Statutes pursuant to
2003 Wisconsin Act 150, governing the registration of athlete agents. The proposed rules will implement required credentialing requirements, definitions of acts constituting unprofessional conduct, and set fees for initial and renewal credentials.
Statutory authority
Comparison to federal regulations
No existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Staff time required
Total hours: 250.
Regulation and Licensing
Subject
Revisions to administrative rules relating to the regulation of licensed and certified appraisers.
Objective of the rule. Repeal and recreate Ch.
RL 87, Appendix
I, to incorporate by reference the revisions to the appraisal standards that will be published in the 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
[Note: The Uniform Standards of Professional Appraisal Practice (USPAP) is published by the Appraisal Standards Board of the Appraisal Foundation.]
Policy analysis
Under s.
RL 86.01 (2), Code, all appraisals performed by licensed and certified appraisers must conform to the version of the Uniform Standards of Professional Appraisal Practice that is incorporated into Appendix I of ch.
RL 87, Code. These rules will incorporate, by reference, in Appendix I of ch.
RL 87, Code, the most up-to-date version of USPAP.
Comparison to federal regulations
The Federal Institutions Reform, Recovery, and Enforcement Act ("FIRREA"),
12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a State certified or licensed appraiser for appraisals conducted in connection with "federally related transactions".
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA 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.
21 USC 3333; Appraisal Subcommittee - Policy Statements Regarding State Certification and Licensing of Appraisers.
Under FIRREA, real estate appraisals performed in connection with federally related transaction are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation.
21 USC 3339; Appraisal Subcommittee - Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.
The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP) and is available on the Appraisal Foundation's website at:
http://www.appraisalfoundation.org
States Regulations
Under FIRREA, all states, including Illinois, Iowa, Indiana, Michigan and Minnesota, must assure that certified appraisers comply with the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board. In Wisconsin, USPAP has been incorporated by reference in Appendix I to ch.
RL 87, Code. See also, s.
458.24, Stats.
Statutory authority
The Department of Regulation and Licensing has the statutory authority under ss.
227.11 (2) and
458.24, Stats., to promulgate rules to reflect revisions to the Uniform Standards of Professional Appraisal Practice.
Staff time required
15 hours.
Transportation
Subject
Objective of the rule. This rule making will create ch.
Trans 194 which will establish DOT's interpretation of s.
342.14 (5), Stats., the fee charged for a replacement title.
Policy analysis
In the past, DOT has interpreted the fee charged for a replacement title to apply only to replacement titles issued under s.
342.13, Stats., describing lost, stolen, mutilated or destroyed titles. This rule will establish that DOT will charge the replacement title fee for any replacement title, regardless of the reason the title must be replaced. However, DOT will not charge the fee for a title correction that corrects a DMV error.
Comparison to federal regulations
This is a state law. No existing or proposed federal regulation applies to this situation.
Description of all entities affected by the rule
Any applicant – individual or business – that applies for a replacement title.
Statutory authority
Section
85.16, Stats., and Ch.
227, Stats.
Staff time required
Total staff time of 40 hours.
