(e) Under IC 25-26-13-10(b), the board may revoke or limit the privilege to be open to the general public without a pharmacist on duty if the pharmacy violates this section or section 4 of this rule. (Indiana Board of Pharmacy; Reg 13, Sec 3; filed Jun 18, 1962, 10:00 a.m.: Rules and Regs. 1963, p. 124; filed May 15, 1992, 5:00 p.m.: 15 IR 2246; readopted filed Nov 13, 2001, 3:55 p.m.: IR 1330)
Summary of factual data and analytical methodologies: The board reviewed the current alarm rule in view of the security needs of pharmacies that exist in other structures. The draft of the rule was prepared after extensive analysis by both professional and public members of the board, expert advice of pharmacists who operate pharmacies located within another structure, and representatives from the small business community.
Anticipated costs incurred by private sector: The Department of Regulation and Licensing has determined that there will be no anticipated costs that would be incurred by the private sector.
Fiscal estimate:
The proposed rule will have an impact of $120 annually on the department's funds. This represents the salary and fringe benefits for staff to prepare two plans for variance to present to the board per year. The board's legal counsel and bureau director and a professional credentialing supervisor will each need to spend one half hour per variance plan. The department will incur $500 in costs to print and distribute the rule change.
Effect on small business
Pursuant to s.
227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses.
TEXT OF RULE
SECTION 1. Phar 6.08 is amended to read:
Phar 6.08 Security. Effective January 1, 2000, a A pharmacy shall have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located. A security system or plan that does not utilize a centrally monitored alarm system may be used if reviewed and prior approval is obtained from the board.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.055 (5), Stats., and interpreting s.
343.055, Stats., the Department of Transportation will hold a public hearing in
Room 132-B, Conference Room B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
27th day of
January, 2005, at
10:00 AM, to consider the creation of s.
Trans 102.23, Wisconsin Administrative Code, relating to military vehicle operator CDL exemption.
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.
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
Statutes Interpreted: ss.
343.055, Stats.
Plain Language Analysis: Section
343.05 (4) (a) 1., Stats., currently exempts military persons from all state licensing requirements if they are members of the armed services driving a motor vehicle owned by or leased by the federal government.
Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This proposed rule making would grant an exemption from CDL requirements for military purposes to the extent permitted by federal law.
Section
343.055 (5) requires WisDOT to issue administrative rules implementing all federal CDL waivers.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This proposed rule making would implement that exemption as required by s.
343.055 (5), Stats.
Comparison with Rules in Adjacent States: All 50 states have a CDL exemption for military drivers similar to this provision.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: No data or analytical methodology was employed in considering this proposed rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule making has no effect on small business. This affects only drivers working for the U.S. Military. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: There is no fiscal effect for implementing this rule making, nor will the private sector incur any costs.
Place Where Comments are to be Submitted and Deadline for Submission: 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 comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Gary Prideaux-Wentz, Department of Transportation, Division of Motor Vehicles, Room 351, P. O. Box 7995, Madison, WI 53707-7995. You may also contact Mr. Prideaux-Wentz by phone at (608) 264-8714.
