2. Do your rules allow agencies to submit requests to fill a position by electronic form?
Illinois: Yes
Iowa: Yes
Michigan: State of Michigan has decentralized hiring; Civil Service does not need to approve the filling of positions, however, a current hiring freeze necessitates approval from Budget to fill positions. That form is available online.
Minnesota: Yes, all requests are submitted this way.
4. If an employee is appointed to a higher classification, and the employee has reinstatement eligibility to that position, is it considered a promotion, or does the appointing authority have discretion to consider it a promotion?
Illinois: Promotion
Iowa: No
Michigan: No. They would have to reinstate the employee using the recall list
Minnesota: It is considered a promotion if the higher class is at least two steps higher than the current one.
Chs.
14,
15,
16,
17 and
22 relating to references to the Compensation Plan.
5. Where are pay provisions included for non-union employees – in your rules or a compensation plan?
Illinois: Pay provisions for nonunion employees are within our Pay Plan.
Iowa: Our administrative rules
Michigan:
Pay provisions for non-represented employees are included in civil service rules and in the civil service compensation plan. A coordinated compensation panel sends a “recommended coordinated compensation plan for all nonexclusively represented classified employees to the civil service commission" each year for approval. Further details can be found in Regulation 6.06,
http://www.michigan.gov/mdcs/1,1607,7-147-6877_9788-20144--,00.html
Minnesota: Compensation Plan for unrepresented employees
6. Can employees be involuntarily transferred within an employing unit of any agency or between employing units within an agency?
Illinois: No
Iowa: Yes, we call this a “reassignment".
Michigan: Yes. We refer to this as a lateral job change.
Minnesota: Employees can be reassigned as outlined in our bargaining agreements.
7. Is an agency required to submit a notice to the central HR office of an involuntary or voluntary demotion?
Illinois: Yes
Iowa: No, however, the payroll processing document would need to indicate the reason for the demotion.
Michigan: No
Minnesota: We have an HRIS database, in which all such transactions are recorded.
8. Does your ethics code for civil service employees prohibit the use of IT and telecommunications for personal gain?
Illinois: Yes
Iowa: No, this would be accomplished through agency work rule policies.
Minnesota: The law says: An employee shall not use or allow the use of state time, supplies or state-owned or leased property and equipment for the employee's private interests or any other use not in the interest of the state, except as provided by law.
9. Is an agency required to submit a notice to the central HR office of an acting assignment?
Illinois: No
Iowa: No, this would only be required if the agency wanted to compensate the employee for such an assignment
Michigan: No
Minnesota: Work out of class assignments are recorded in our HRIS database.
There are no existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rules.
No factual data or analytical methodologies were necessary for the rule changes involved herein.
The proposed rule changes affect persons employed by or who seek employment with the State of Wisconsin. The rule changes will not affect small business. There will be no anticipated costs that would be incurred by the private sector.
Fiscal Estimate
The elimination of reporting requirements for the Entry Professional Program and the submission of notices by appointing authorities may result in a minimal workload reduction for staff of the agencies and the Office of State Employment Relations. However, the amounts are indeterminate.
There is no fiscal impact from the other changes in this rule order.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Contact Person
Bob Van Hoesen
Office of State Employment Relations
101 East Wilson Street
Madison, WI 53703
608-267-1003
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
224.72 (7p) (a) to
(c),
224.72 (8),
224.73 (3),
224.79 (1) and
(2), and
227.11 (2), Stats., and interpreting ss.
224.72 (3) (b),
224.72 (7) (d) 1. and
2.,
224.72 (7p) (a) to
(c), and
224.79 (1) and
(2)., Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5
th Floor in the city of Madison, Wisconsin, on the
28th day of February, 2005, at 1:30 p.m. to consider a rule to affect chs. DFI—Bkg 40 to 43 and create chs.
DFI-Bkg 44 and
45, relating to definitions, applicability requirements, registrations, annual audits and reports, trust accounts, ethical and competent practice, education, examination, brokerage agreements and consumer disclosures.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Explanation of agency authority: Pursuant to subch. II, ch.
224, the department regulates mortgage bankers, mortgage brokers and loan originators.
Summary of proposed rule: Chapters DFI—Bkg 40 to 43 have been affected by various acts since 1991; however, with the exception of the promulgation of ch. DFI—Bkg 41 regarding fees and registration pursuant to
1997 Act 45, these chapters have not been updated to reflect either these acts or current industry practices. Most recently,
2003 Act 260 required that the division establish by rule standards, for approval by the loan originator council, regarding examinations in the law of mortgage banking and mortgage brokering, and regarding a curricula of education and hours for the same.
2003 Act 260 also required the division to prescribe the form and content of mortgage brokerage agreements and consumer disclosure statements. This rule updates administrative code provisions regarding definitions, applicability requirements, registrations, annual audits and reports, trust accounts, and ethical and competent practice; sets forth standards regarding education and examination; and sets forth the form and content of brokerage agreements and consumer disclosures. The standards in this rule have been approved by the loan originator council.
Summary of and preliminary comparison with existing or proposed federal regulation: None.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all regulate mortgage banking to a comparable degree in statute and rule. This includes regulating in some form mortgage brokerage agreements and consumer disclosure agreements. However, only Illinois requires some form of education and competency examination.
Summary of factual data and analytical methodologies: The department reviewed comparable statutes and regulations, industry practices, and education courses offered by industry associations. The standards set forth in the rule were also reviewed and approved by the loan originator council.
Analysis and supporting documentation used to determine effect on small business: The rule does not have a significant economic impact on small business. First, the rule consists primarily streamlining out-dated text. Second, the Wisconsin Senate (by voice vote) and Wisconsin Assembly (97 ayes, 2 noes) in
2003 Act 260 mandated competency examinations, continuing education, brokerage agreements and disclosure statements for the mortgage banking industry, and directed that the department establish certain standards and forms as part of these mandates. The proposed rule imposes no mandates and solely establishes these standards and forms and, therefore, is not the cause for any significant economic impact on small business that may result from the act.
Fiscal Estimate
The fees established in this rule are set at a level that will approximate the costs of contract services to meet the requirements included in the
2003 Act 260. There is no increase to the loan originator license fee. This rule increases revenues to the Department to approximate the cost of administering a nationwide competency examination and continuing education program for mortgage loan originators and solicitors included in the legislation. The estimated total annual revenue increase is $846,250. The rule establishes a competency examination fee at $150. Other fees established in the rule cover the cost of approving continuing education providers ($100 for two years) and continuing education courses ($150 for two years) to ensure they meet criteria established in the rule and by the Loan Originator Council. The rule also increases the cost for employment transfers from $20 to $40.
Contact Person
A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website,
www.wdfi.org.
Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
227.11 (2) and
227.24 (1) (a), Stats., interpreting s.
29.014 (1), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-67-04(E) pertaining to the closure of sturgeon spearing on the Lake Winnebago system. This emergency order was published on January 27, 2005 and the corrected version was republished on February 2, 2005. The repeal and recreation of s.
NR 20.33 (5) (c) allows the Department to close the sturgeon spearing season on the Lake Winnebago system at the end of the day that 100% of the total allowable harvest is reached.
Notice is hereby further given that the hearing will be held on:
Wednesday, February 23, 2005 at 6:00 p.m.
Darboy Club
N9695 County Trunk N (corner of N and KK)
Appleton
NOTICE IS HEREBY FURTHER GIVEN THAT following the public hearing on the emergency rule a public informational meeting will be held to discuss options for future seasons. It is anticipated the public information meeting will start at approximately 7:00 p.m.
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 Karl Scheidegger at (608) 267-9426 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The proposed rule has no fiscal impact.
The emergency 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 Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 4, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Scheidegger.
Notice of Hearing
