Rule-making notices
Notice of Hearing
Dietitians Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dietitians Affiliated Credentialing Board in ss.
15.085 (5) (b) and
227.11 (2), Stats., and interpreting ss.
448.80 and
448.84, Stats., the Dietitians Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order of the Dietitians Affiliated Credentialing Board to amend ss.
DI 2.04 (1) (c) and
3.01 (1), relating to filing applications for temporary certificates and examinations.
Hearing Date, Time and Location
Date: April 12, 2005
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 294B
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 Legal Counsel, Room 171, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 22, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: Currently, s.
DI 2.04 (1) (c) requires that a candidate for licensure apply to take the American Dietetic Association examination at least 120 days prior to the examination being offered. Similarly, s.
DI 3.01 (1) requires applicants to file their applications for licensure at least 120 days prior to the next examination being offered by the American Dietetic Association. Because the American Dietetic Association's examination is now computer assisted, candidates may schedule those examinations at their convenience, thereby eliminating the necessity to schedule at least 120 days in advance. Eliminating the 120 day advance filing requirement will therefore provide greater flexibility to those candidates applying for licensure and simplify the credentialing process.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: In this proposed rule-making order the Dietitians Affiliated Credentialing Board is amending language relating to filing applications for examinations and temporary certificates. Since the American Dietetic Association's pre-licensing procedures are now computer assisted, an applicant may now schedule the examination at his or her convenience. Therefore, there is no reason to require the 120 day wait.
SECTION 1 amends the examination provisions to allow applicants to obtain a temporary certificate and submit application to take the examination as soon as possible, without a 120 day wait.
SECTION 2 amends the application submission process allowing the applicant to take the examination as soon as possible, without a 120 day wait.
Summary of, and comparison with, existing or proposed federal regulation
There is no existing federal regulation.
Comparison with rules in adjacent states
A search of rules adopted in Michigan, Minnesota, Iowa, Illinois and Indiana indicates that none of these states have time requirements for submission of applications. There are no federal regulations concerned with time requirements for submission of applications for dietitian credentials in the states.
Summary of factual data and analytical methodologies: The board is responding to communication from the Commission on Dietetic Registration indicating that the 120 day period is no longer needed to prepare for candidates to take the examination. The rule change is a response to this improvement in their processes.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rules will have no impact on the department's funds.
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. The Department's Small Business Regulatory Review Coordinator may be contacted by email at
chris.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708. Telephone: (608) 266-0495. Email address:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack at the addresses listed above. Comments must be received on or before April 22, 2005, to be included in the record of rule-making proceedings.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 3.09 (19), Wis. Adm. Code, relating to mortgage guaranty insurance.
Hearing Information
Date: Monday, April 18, 2005
Time: 10:00 a.m., or as soon thereafter as the matter may be reached.
Place: OCI, Room 223
125 South Webster St 2nd Floor
Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Sections
600.01,
601.42,
611.19 (1),
611.24,
618.21,
623.02,
623.03,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617 Stats.
Statutory authority
Sections
601.41 (3),
601.42,
611.19 (1),
618.21,
623.02,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617, Stats.
Explanation of the OCI's authority to promulgate the proposed rule under these statutes:
The proposed rule modifies the current restriction on issuance of mortgage guaranty insurance to or for the benefit of affiliates, and is authorized as governing an unfair trade practice under s.
628.34 (12), Wis. Stats., and as addressing financial risk to the insurer governed by statutes allowing the commissioner to establish standards and reporting requirements, including ss. under 601.42, 611.19 (1), 618.21, 623.02, 623.04, 623.11, 627.05, and for affiliate transactions under ch.
617, Stats.
Related Statutes or rules
None
The plain language analysis and summary of the proposed rule
Under current rules a mortgage guaranty insurer may not directly or indirectly issue coverage for mortgages originated by an affiliate, unless the insurer is no more than 50% owned or controlled by the affiliate. The proposed rule would permit the insurer to issue coverage for mortgages originated by the affiliate but only subject to the same underwriting standards as are applied to non-affiliates. The proposed rule requires the insurer to annually file an officer's certification of compliance.
Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None
Comparison of similar rules in adjacent states as found by OCI
Iowa: None
Illinois: Section 50 ILAC 202.60 (e) of Illinois insurance regulations prohibits a mortgage insurer from covering loans originated by a lender if the lender or its affiliate owns an equity interest in the mortgage insurer.
Minnesota: None
Michigan: None
A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule
The proposed rule is based on the experience of the Office regulating and examining mortgage guaranty insurers, and the expertise of the financial analysts and examiners responsible for their regulation, including the application of the existing exception in s.
Ins 3.09 (19) (c), Wis. Adm. Code.
Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s.
227.114:
The Office reviewed the annual financial reports of licensed mortgage guaranty insurers. There are no such insurers that are small businesses.
If these changes may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by private sector in complying with the rule:
There is no significant fiscal effect on the private sector. The proposed rule will establish an exception from an existing prohibition. The limited reporting requirement included will not impose any significant cost beyond the existing reporting requirements.
A description of the Effect on Small Business:
This rule will have no effect on small businesses.
Agency contact person:
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at:
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor
Madison WI 53702
Mail: PO Box 7873, Madison WI 53707-7873
Place where comments are to be submitted and deadline for submission
The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in the Notice of Hearing.
Mailing address:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
Summary of Proposed Rule and Fiscal Estimate
For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes and the fiscal estimate are attached to this Notice of Hearing.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
OCI Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address
Eileen.Mallow@oci.state.wi.us
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at:
Inger.Williams@OCI.State.WI.US, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
289.05,
289.06 and
289.07, Stats., interpreting ss.
289.21,
289.24,
289.29 to
289.32,
289.42,
289.43,
289.45 and
289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to the Wisconsin Administrative Code NR 500 series relating to landfilling of solid waste. The proposed revisions to the NR 500 series will streamline existing codes to make the preparation, submittal and review of documents related to solid waste management more efficient. The majority of the proposed rule revisions address streamlining changes. Additional code changes are included to a) correct errors in the code, b) clarify the procedure when an exemption is needed for a private well located within 1200 feet of a landfill and when a variance is needed under ch.
NR 812 for the private well, c) add requirements for geosynthetic clay liners (GCLs) that are currently in standards approvals, and d) make changes to the medical waste rules to clarify how the rules apply to different wastes and generators.
The proposed revisions expand the type of facilities that can apply for an expedited plan modification, broaden the self-implementing approvals for lower-risk non-landfill facilities and increase the flexibility for department staff reviewing landfill feasibility reports. In addition, under the proposed rule, the Department will no longer be involved in providing or approving training programs or in regular review of continuing education hours related to operator certification. The Department has added requirements that will affect landfill owners intended to assure the quality of soil from multiple non-landfill related construction projects being used for landfill construction. Requirements for GCL membranes that will also affect landfill owners have been added to the code to reflect what is currently required in conditions of approvals. The Department has also proposed changes to allow either the landfill owner or the private well owner to apply for a variance for a well to be constructed within 1200 feet of a landfill. Changes within the medical waste rule will allow blood collection vehicles to haul infectious waste without having to be licensed as infectious waste transporters, similar to the exemption that already exists for ambulances and first responders. In addition, other changes specify that if there are conflicts between DNR rules and US DOT rules, the US DOT rules pre-empt ours.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a significant 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 hearings will be held on:
Tuesday, April 12, 2005 at 10:00 a.m.
Schmeekle Reserve, UW-Stevens Point
2419 North Point Drive
Stevens Point
Thursday, April 14, 2005 at 10:00 a.m.
Room 511, GEF #2
101 South Webster Street
Madison
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 Jack Connelly at (608) 267-7574 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no increased costs to the department to fill the requirements of these rule changes. The department currently performs all of the associated work related to expedited plans, feasibility studies, locational exemptions and inspections. These rule changes will have a fee added for these efforts.
It is assumed the total increased revenues to the state will be $146,000 annually.
Local Fiscal Estimate
It is assumed the increased costs to local publicly owned facilities will be $54,000 annually.
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 Jack Connelly, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 25, 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 hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Connelly.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3) (b),
(d) and
(e), Wis. Stats., and interpreting s.
450.02 (3) (b),
(d) and
(e), Wis. Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Phar 6.09, relating to an emergency relocation of a pharmacy.
Hearing Date, Time and Location
Date: April 13, 2005
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 294B
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 Legal Counsel, Room 171, P.O. Box 8935, Madison, Wisconsin 53708. Comments must be received by April 23, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutory authority: Sections
15.08 (5) (b). 227.11 (2) and 450.02 (3) (b), (d) and (e), Stats.
Explanation of agency authority: The Wisconsin Pharmacy Examining Board is granted the authority to protect the public health, safety and welfare by establishing security standards for pharmacists, enforcing chapters 450 and 96l, Stats., and establishing minimum standards for the practice of pharmacy.
Related statute or rule: Chapter
Phar 6 (Pharmacy licenses and equipment).
Plain language analysis
The purpose of this proposed rule-making order is to ensure safe access to, and safe dispensing of, secured pharmaceuticals where a natural disaster or one created by human beings has disrupted the conditions upon which the pharmacy license was originally granted by the Pharmacy Examining Board. In order to allow for the continued operation of pharmacies affected by disasters, the board herein creates a mechanism to allow for the continuation of practice. The board or a person designated by the board would be empowered to grant a variance to a licensed pharmacy when the pharmacy makes a request for variance. There is a 90 day limit on the variance term which may be extended if the pharmacy makes a request.
SECTION 1 specifies the duties of the requesting pharmacy and the board when a natural disaster or one created by human beings disrupts the operation of a licensed pharmacy. The pharmacy must make a request for a variance specific to the need to continue practice under circumstances that may not meet the conditions upon which original licensure was granted, yet maintains protection of public health and safety. The board may act directly on such a request or refer the request to a designee of the board who will decide whether and on what conditions to grant the variance. In this proposed rule-making order the board limits the duration of variances granted to 90 days. If a request for extension is made by the pharmacy, the board or its designee may increase the term of the variance.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Michigan – None.
Minnesota – None.
Iowa – None.
Illinois
Section 1330.110 Granting Variances
a) The Director may grant variances from these rules in individual cases where he/she finds that:
1) The provision from which the variance is granted is not statutorily mandated;
2) No party will be injured by the granting of the variance; and
3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.
b) The Director shall notify the State Board of Pharmacy of the granting of such variance, and the reasons therefor, at the next meeting of the Board.
Indiana
856 IAC 1-7-3 Relocation of pharmacy
Authority: IC 25-26-13-4
Affected: IC 25-26-13-4; IC 25-26-13-11; IC 25-26-13-18
Sec. 3. To be eligible for relocation of a pharmacy an applicant must show to the satisfaction of the board that the requirements for the eligibility for a pharmacy permit as set out in IC 25-26-13-18 will be met. Prior to relocating a pharmacy the proprietor shall file an application, on a form prescribed and furnished by the board, setting out all information so requested on such form. Prior to moving a pharmacy, after receipt of board approval, the permit holder shall submit the premises to a qualifying inspection by a representative of the board. (Indiana Board of Pharmacy; Reg 7, Sec 3; filed Jun 18, 1962, 10:00 am: Rules and Regs. 1963, p. 121; filed Dec 3, 1985, 3:02 pm: 9 IR 770; readopted filed Sep 14, 2001, 3:04 p.m.: 25 IR 532; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
Rule 36. Temporary Variances
856 IAC 1-36-1 Exceptions
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 1. A person subject to the regulations of the board may request that the board grant a temporary variance from any rule adopted by the board, except rules concerning examinations, experience hours, and requirements for licensure. (Indiana Board of Pharmacy; 856 IAC 1-36-1; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4534; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-2 Submission of a request for temporary variance
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 2. A request for a temporary variance must be submitted to the board in writing. Each request must contain the following information:
(1) The name, address, and license or permit number of the applicant.
(2) The name of the responsible pharmacist and the specific location at which activities will be conducted under the temporary variance.
(3) The citation to the specific rule from which the applicant seeks a temporary variance.
(4) A detailed explanation of the purpose of the temporary variance.
(5) An assessment of the impact on the public if the variance is granted.
(6) A statement of the conditions which would cause the applicant to apply for renewal of the temporary variance.
(7) The beginning, midpoint, and ending dates of the proposed demonstration project.
(Indiana Board of Pharmacy; 856 IAC 1-36-2; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4534; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-3 Positive impact on delivery of pharmaceutical care
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 3. Temporary variances shall only be granted for demonstration projects which are expected to have a positive impact on the delivery of pharmaceutical care. Justification for that expectation shall be fully explained. The board shall not grant any temporary variance which threatens public health, safety, or welfare. (Indiana Board of Pharmacy; 856 IAC 1-36-3; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-4 Period of time
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 4. The board shall grant a temporary variance for a period of no more than six (6) months. Any person who receives a temporary variance shall submit to the board a written report of the effects of the demonstration project at the midpoint and at the conclusion of the temporary variance. (Indiana Board of Pharmacy; 856 IAC 1-36-4; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-5 Renewal
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 5. A temporary variance may be renewed by the Indiana board of pharmacy (board) for an additional six (6) months. A temporary variance shall not be renewed more than five (5) times. Requests for renewal of a variance shall be submitted in writing to the board not less than thirty (30) days prior to the expiration of the variance and shall contain at least the information required by section 2 of this rule. (Indiana Board of Pharmacy; 856 IAC 1-36-5; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Dec 2, 2001, 12:35 p.m.: 25 IR 1340)
856 IAC 1-36-6 Revocation
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 6. The board may revoke any temporary variance for cause, including, but not limited to, a finding that the temporary variance poses or may pose a threat to public health, safety, or welfare. The person requesting the temporary variance has the obligation to report any such potential threat to the board immediately upon the discovery of such potential threat, or as soon as possible after such discovery. (Indiana Board of Pharmacy; 856 IAC 1-36-6; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-7 Public notice
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 7. The board shall give public notice of requests for temporary variances at not less than two (2) consecutive regular meetings before voting to grant or deny a request for a temporary variance. (Indiana Board of Pharmacy; 856 IAC 1-36-7; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-8 Justification of denial
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 8. The board shall set forth in writing its reasons for granting or denying a temporary variance. (Indiana Board of Pharmacy; 856 IAC 1-36-8; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-9 Copies of requests
Authority: IC 25-26-13-4
Affected: IC 25-26-13-5
Sec. 9. The executive director shall retain copies of all requests for temporary variances and the board's reasons for granting or denying requests as part of the record of it proceedings maintained under IC 25-26-13-5. (Indiana Board of Pharmacy; 856 IAC 1-36-9; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
Summary of factual data and analytical methodologies
The Pharmacy Examining Board chose a regulatory approach that aims to achieve balance in maintaining licensure standards without eliminating access to pharmacy services at a time when those services may be needed. Board members have been asked by other members of the profession about how operations might continue when a pharmacy is damaged or operations are thwarted because of disasters, like a fire or tornado damage. The statutes and rules were analyzed to determine if the variance provisions currently provided would be sufficient to address disasters. The conclusion of the board was that a variance for disaster situations should be explicitly recognized in the rules.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have no impact on the department's funds.
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. The Department's Small Business Regulatory Review Coordinator may be contacted by email at
chris.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Phone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the addresses listed above. Comments must be received on or before April 25, 2005 to be included in the record of rule-making proceedings.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
341.255, Stats., and interpreting s.
341.255 (3), Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of April, 2005 at 1:30 PM, to consider the amendment of ch.
Trans 196, Wisconsin Administrative Code, relating to the convenience fee for telephone vehicle registration renewal.
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
Plain Language Analysis: S.
Trans 196.04 (1) (d) establishes the convenience fee for telephone vehicle registration renewal. DOT now offers internet renewal as well as telephone registration renewal service, and this proposed rule is amended to reflect this service option. In addition, DOT has entered into a new vendor contract for this service. Under the contract terms, DOT's per-transaction cost may vary on a yearly basis. The proposed rule is amended to clarify that DOT will charge the customer a transaction fee that approximates DOT's cost to provide that transaction, and that the DOT will determine the per-transaction fee on a yearly basis. DOT will publish the current fee on DOT's web site and IVR message, instead of needing to undertake continual rule making to change the fee on a yearly basis.
Section
Trans 196.04 (1) (a),
(b) and
(c) establish the fee for special handling of vehicle title and registration transactions. The proposed rule increases the fee from $4 to $5 for title and title/registration transactions, and from $2 to $3 for registration-only transactions. This fee equals the fee a person pays for in-person counter service at DMV customer service centers. This rule making is required by s.
341.255, Stats.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: No federal rules govern or apply to this rule making. Service delivery methods and fees are solely a state determination.
Comparison with Rules in Adjacent States:
Michigan: Michigan allows on-line and telephone registration renewal.
Minnesota: Minnesota requires a $3.00 handling fee for on-line renewal using credit card. In addition, Minnesota requires a $4.50 service fee for renewal transactions, and a $7.00 service fee for all other vehicle transactions.
Illinois: Illinois requires a $1.75 convenience fee for on-line renewal.
Iowa: Iowa requires a convenience fee when renewing on-line. In addition, Iowa title and registration transactions by county treasurers may involve a service fee.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department of Transportation has entered into a new contract with a vendor to provide the telephone and internet renewal service. The contract provides a methodology for payment to the vendor that requires DOT to revise its method of establishing the customer convenience fee. Since the process to amend a rule is time-consuming, the DOT has chosen the approach of publishing the fee on its internet web site and on the IVR message, rather than by administrative rule change. DOT continues to determine a transaction fee that approximates DOT's cost to provide that transaction. DOT will determine the per-transaction fee on a yearly basis. In determining the fee per transaction for the current year, the Department will review the total cost of the service, the number of transactions and other material factors from the previous year.
Approximately 90,500 vehicle registration transactions used the fast service option in FY 2004. Fast-service transactions represent only about 4% of all title/registration work that DMV processes. However, a fast service transaction requires DMV staff to stop working on regular mailed-in applications and immediately process the fast-service transaction. This represents attention that is equivalent to immediate in-person service that a person receives at a DMV customer service center. The fast-service transaction fee has not been increased in over 20 years, while the in-person counter service fee has been increased. An increase of $1 in the fast service fee would generate $90,500 increased revenue annually to the Transportation Fund, and would equal the counter service fee for in-person transactions.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The Department of Transportation anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department of Transportation estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates there will be a $90,500 increase in revenue to the Transportation Fund annually, as a result of increasing fast service fees. No added costs will be incurred by the private sector to comply with this rule. Fast service is an optional service similar to in-person service, and use of fast service is voluntary similar to in-person service. Fast service is not required of any customer. The proposed rule establishes no additional compliance, bookkeeping, or reporting requirements of any customer.
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 Carson P. Frazier, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253 Hill Farms, P.O. Box 7911, Madison WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
