CTH S CTH B 7258 CTH S
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 3rd day of December, 2004, at 9:30 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statute interpreted: s.
45.358, Stats.
The proposed rule changes are intended to provide the department flexibility in adjusting burial fees that may be charged dependents, spouses, and surviving spouses as well as assessments made for the provision of burial containers. The proposed rule would permit the department to adjust fees and assessments based up to the current cost of providing the benefit.
There is no current or pending federal regulation that has an impact on this issue. There are no similar rules in adjacent states. However, cemetery fees are set by some states outside of the rulemaking process. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is expected to result in an increase in revenue in FYE 05 of approximately $38,400.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
453.03, Stats., and interpreting s.
453.062, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
VE 10.05 and
10.06; to amend ss.
VE 1.02 (intro.),
7.055 (title), (intro.),
(1) and
(2),
7.06 (22),
9.035 (title), (intro.),
(1) and
(2);
9.05 (12), and
10.01; and to repeal and recreate ss.
VE 10.02,
10.03 and
1.04, relating to renewal, conduct and continuing education for veterinarians and veterinary technicians.
Hearing Date, Time and Location
Date: December 1, 2004
Time: 11:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
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, or by e-mail to
pamela.haack@drl.state.wi.us. Written comments must be received by December 13, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutory authority:
Statutes interpreted: s.
453.062, Stats.
Explanation of agency authority
2003 Wisconsin Act 103 created continuing education for veterinarians and veterinary technicians in Wisconsin and granted rule-making authority to the Veterinary Examining Board to require training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine.
Plain language analysis
The board herein sets forth requirements for continuing education applicants attesting to continuing education completion on license renewal applications to the Department of Regulation and Licensing, defines program and course approval standards, program and course content prerequisites, and subject matter acceptability requirements. It limits the circumstances under which a continuing education waiver may be granted, describes the consequences resulting from failure to complete the continuing education requirements on time and what is allowed when the department audits continuing education. For course providers, it explains what is required for courses and programs to be approved, validation, monitoring, certification and recordkeeping requirements.
SECTIONS 2 and 3 amend ss.
VE 7.055 and
7.06 (22) to require continuing education to be completed when a veterinarian applies to renew a credential 5 or more years after it expired, and maintains the provision which states that falsely certifying compliance with the pesticide continuing education requirement constitutes unprofessional conduct.
SECTIONS 4 and 5 amend ss.
VE 9.035 and
9.05 (12) to require continuing education to be completed when a veterinary technician applies to renew a credential 5 or more years after it expired, and maintains the provision which states that falsely certifying compliance with the pesticide continuing education requirement constitutes unprofessional conduct.
SECTION 6 sets forth the statutory authority and purpose of new continuing education and certification requirements for veterinarians and veterinary technicians. The current pesticide continuing education rule is repealed and recreated in SECTION 7.
SECTION 7 describes and limits what the continuing education shall relate to, including provisions allowing 5 of the 30 veterinarian and veterinary technician hours on non-scientific topics, 5 hours from an education provider that is not approved under s.
VE 10.03 (4) for veterinarians and 3 hours for veterinary technicians. Also, this section of the rule defines continuing education hour as 50 minutes of contact time and limits a waiver of the continuing education requirements to certain exceptional circumstances. It further limits application of credits to the preceding 2-year licensure or certification period, exempts applicants from having to report for the period prior to the first expiration date after a license is initially issued or renewed, prohibits practice as a veterinarian or veterinary technician when continuing education is not completed by the renewal date, and requires all veterinarians and veterinary technicians to maintain records of continuing education hours for five years from the date the certification is signed. The board may conduct an audit to check for compliance with specified documentation of completion requirements. In addition, the evidence required to verify completion of continuing education hours is spelled out by delineating the criteria a continuing education program or course must meet to be acceptable, including subject matter pertinent to veterinary medicine or veterinary technology, attendance and course completion validations for the program or course sponsor, modalities and methods of delivery. It lists providers in the rule whose approval of programs will be recognized by the board for the 25 hours that must be approved for veterinarians and the 12 hours for veterinary technicians.
Comparison with adjacent states
Based upon the requirements for renewing a credential in Illinois, Minnesota and Iowa, the continuing education requirements set forth in the proposed rules are consistent with the requirements in those states. Veterinarians and veterinary technicians are not required to complete continuing education hours in Michigan. Note that veterinary technicians are not required to be licensed in Minnesota.
Summary and comparison of existing or proposed federal regulation
None. Establishing continuing education requirements and monitoring for compliance for veterinarians is a regulatory activity undertaken by the individual states.
Factual data and analytical methodologies:
The Veterinary Examining Board examined models of continuing education from other Wisconsin regulatory boards, from the American Association of Veterinary State Boards, and from national and state associations. The board received input from the Department of Regulation and Licensing Office of Education and Examinations and members of the public in public meetings. The board considered availability of courses, availability of department and board resources, and impact on the licensee.
The Veterinary Examining Board defined general content requirements, numbers of hours required to be related to scientific topics, and amount of credit to be granted for activities such as authorship of published works. The board established approved provider requirements, necessary documentation requirements, procedures for verification of continuing education upon renewal, and procedures for maintaining documentation to enable audit of compliance with the requirement. The board retained the statutory requirements for continuing education or certification from persons who use or repackage pesticides for use by others.
The regulatory approach chosen for the rule was to describe the requirements for licensees and course providers in a way that would enable the parties to determine on their own whether a particular type of continuing education would be acceptable. The model does not require particular continuing education courses to be approved by the board in advance. One goal of this approach was to accomplish the implementation of the continuing education requirement and resulting maintenance of currency and prevention of public harm without incurring substantial ongoing regulatory management costs for the program.
Private sector fiscal effect
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708. Phone 608-266-0495.
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.
Fiscal Estimate
The Department of Regulation and Licensing will $500 in costs for staff to print and distribute the rule change.
Copies of this rule are available without cost by making a request to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, telephone number 608-266-0495, e-mail address:
pamela.haack@drl.state.wi.us
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
49.161,
49.195, and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the public assistance overpayment collection and affecting small businesses.
Hearing Information
Monday, November 29, 2004 at 1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at a 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
Explanation of agency authority
•Section
49.195, Stats., directs the Department to promptly recover
all overpayments of the following: (a) benefits under the former Aid to Families with Dependent Children (AFDC) program; (b) subsidized employment benefits and custodial parent of infant grants under the Wisconsin Works (W-2) program; (c) child care benefits; and (d) W-2 transportation assistance. Section
49.195, Stats., directs the Department to create rules to collect overpayments that have not already been collected under ss.
49.161, Stats., and
49.19 (17), Stats., and to implement administrative warrant and execution and levy procedures as an additional method of collecting overpayments.
• Section
49.161, Stats., requires the Department to collect overpayment of benefits paid to trial job, community service job (CSJ), and transitional placement (W-2T) participants. For current CSJ and W-2T participants, the overpayment is collected by reducing the amount of the individual's monthly benefit payment by no more than 10% if the overpayment was due to client error or agency error. For trial job participants, the value of the benefit liable for recovery may not exceed the amount that the Department paid in wage subsidies to that participant while the participant was ineligible to participate. If a benefit overpayment is the result of an intentional program violation of W-2 employment positions, custodial parent of an infant grants, child care benefits, or transportation assistance, the Department may deduct the following from the monthly W-2 employment position benefit: (a) for overpayments of less than $300, 10% of the amount of the monthly benefit payment; (b) for overpayments of at least $300 but less than $1,000, $75; (c) for overpayments of at least $1,000 but less than $2,500, $100; and (d) for overpayments of $2,500 or more, $200.
•Federal regulations require states to collect any AFDC overpayment.
•Federal policy allows only expenses that benefit the program to be charged against a federal grant. This policy requires overpayments of all types to be recovered because overpayments, whether by fraud or error, do not benefit the program.
•Federal policy directs states to recoup AFDC and Temporary Assistance to Needy Families (TANF) overpayments from current TANF benefits.
•An administrative agency generally possesses a common law right to recover erroneous payments of public funds.
See Kenosha County Department of Social Services v. Kenosha National Bank, 95 Wis.2d 275,
290 N.W.2d 693 (1980). An agency may sue to exercise its common law right of recovery or it may administratively reclaim the funds pursuant to a statute or rule. The case
Mack v. Wisconsin Department of Health and Family Services,
231 Wis. 2d 644,
605 N.W.2d 651 (Ct. App. 1999) stands for the proposition that an agency may administratively recoup a benefit overpayment from current benefits based on a properly promulgated administrative rule even if a statute does not specifically provide for recoupment. Based on this authority, the Department proposes to extend the right to recoup overpayments of child care benefits, AFDC, custodial parent of an infant grants, and transportation assistance from current W-2 payments in cases of client error and administrative error, in addition to cases of intentional program violation.
