Rule-Making Notices (Hearing Notices)

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

WEB Site: http://oci.wi.gov/ocirules.htm

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 [e-mail]

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: [e-mail], [phone], 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Notice of Hearings

Natural Resources

[CR 05-020]

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:
[e-mail] or by calling [phone].

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 [phone] 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

[CR 05-022]

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.

Statute interpreted: Section 450.02 (3) (b), (d) and (e), Stats.

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