Hearing Date, Time and Location
Date:     November 18, 2004
Time:     9:15 A.M.
Location:     1400 East Washington Avenue
    Room 179
    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 26, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.
Statutes interpreted: s. 443.09 (5), Stats.
Currently, all professional engineering candidates must successfully complete the fundamentals of engineering examination, the principles and practice of engineering examination, and the barrier-free design parts of the board's examination on the statutes, rules and regulations governing the practice of professional engineering in Wisconsin.
Although there are a variety of types of engineers that will never do design work that would entail barrier-free designs, all engineering fields must currently take and pass this component of examination according to s. A-E 4.05 (1) (c), (2) (b), (3) (c) and 4.08 (1) (c). In order to attain a degree at the university level engineers are thoroughly trained in this area and should not be required to take and pass the barrier free portion of the examination.
SECTION 1 removes the language that requires an applicant to take and pass the barrier free design part of the board's examination.
SECTION 2 repeals s. A-E 4.08 (1) (c) that relates to the barrier free examination.
Comparison with similar rules in adjacent states
Wisconsin is the only state among the adjacent states that requires all engineering applicants to take the barrier free portion of the examination.
Existing or proposed federal legislation
The Wisconsin Department of Commerce has incorporated into its Commercial Building Code the International Building Code and the ICC/ANSI A117.1., Standard for Accessible and Usable Buildings and Facilities to assure barrier-free accessibility and to meet the federal Americans with Disabilities Act Accessibilities Guidelines. The federal government does not regulate or oversee the application process for engineers involving licensure requiring such a component like the barrier-free examination is met, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries regarding this subject. Because of the federal and state building mandates, a unit must be built conforming to stringent standards that only capable engineers and architects can meet.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial 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.
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
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 ss. 15.08 (5) (b) and 227.11, (2), Stats., and interpreting s. 443.06 (3), 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 amend s. A-E 6.05 (1) and (2) (b), and 6.07 (1) and (2), relating to the name of the principles and practice examination for land surveyors.
Hearing Date, Time and Location
Date:   November 18, 2004
Time:   9:15 A.M.
Location:   1400 East Washington Avenue
  Room 179
  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 26, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.
Statutes interpreted: s. 443.06 (3), Stats.
In November, 2002, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors adopted a rule creating s. A-E 6.07 (CR02-090). The proposed rule-making order relating to land surveyors referred to the “state jurisdictional examination" rather than the “principles and practice examination." A comment in the Clearinghouse Report suggested the name be changed to the “principles and practice examination" because “state jurisdictional examination" was not used elsewhere in the rule. That change was made and the rule was adopted.
However, since this examination is more commonly known in the field as the “state jurisdictional examination," this proposed rule-making order amends s. A-E 6.05 (1) and (2) (b) and 6.07 (1) and (2) changing the name of the examination from the “principles and practice examination" to the “state jurisdictional examination."
Comparison with similar rules in adjacent rules: N/A
Existing or proposed federal legislation: N/A.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial 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.
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
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014, 29.041, 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on repealing and recreating ss. NR 20.20 (53) (f) and (63) (c), Wis. Adm. Code, relating to trout fishing on the Pine River and Melancthon Creek in Richland and Vernon Counties. In response to a citizen petition, the Department is proposing this rule to change the Richland and Vernon county trout fishing regulation of the Pine river (uppermost STH 80 bridge upstream to CTH CH in the Village of Yuba) from catch and release to 3 trout bag limit and 9-inch size limit. It also changes the regulations on Melancthon creek from catch and release with artificial lures on the whole stream for all trout to allow the harvest of 5 trout in total, only 3 of which can be brook trout. Brown or rainbow trout must be over 7 inches while brook trout must be between 6 and 9 inches. Anglers can use bait downstream of STH 80, but can only use artificial lures upstream from STH 80.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, November 11, 2004 at 7:00 p.m.
County Courtroom, Richland Co. Courthouse
181 W. Seminary
Richland Center
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Steve Hewett, Bureau of Fisheries management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 17, 2004 Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hewett.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.403, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014 (1), 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on amending s. NR 20.40 (6)(d) and creating s. NR 20.40 (am) and (d) and (6m), Wis. Adm. Code, relating to bass fishing tournaments. The passage of 2003 Wisconsin Act 249 requires the Department to promulgate rules to establish a program to authorize and regulate fishing tournaments. In addition, Act 249 establishes a bass fishing tournament pilot program that creates a study in which the sorting/culling of bass by tournament anglers in 4 permitted bass tournaments per year is allowed and the impacts evaluated. Act 249 requires that the Department create, by rule, live well standards that all pilot program boats must meet to be considered for the program. Recommended live well standards include:
1. The live well must be an original manufactured part of the boat and have a capacity of at least 25 gallons;
2. The live well must be in working condition and its operation must be demonstrated prior to fishing in the tournament;
3. The live well must be capable of continuously pumping freshwater into it;
4. The live well must be capable of holding, recirculating and aerating water.
The pilot program and the live well standards sunset on December 31, 2006.
In addition, based on public comments, the Department may make additional changes to existing tournament rules, including but not limited to allowable length of tournaments, to accommodate the 2 year pilot tournament program.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, November 11, 2004 at 7:00 p.m.
Gathering Waters Room, South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.