Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the June 30, 2005, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 04-096)
An order affecting ch.
ATCP 75, relating to retail food establishments.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
This rule is not expected to have a major impact on small businesses. The rule benefits businesses by defining previously undefined terms and clarifying rules to reduce error in interpretation.
The rule will assist small businesses that have combined operations. Under this rule change, a grocery store that contains a restaurant section will no longer be subjected to different rule requirements due to differences in the food code regulating retail food establishments and the food code regulating restaurants.
The rule clarifies but does not substantially alter current rules related to the regulation and licensing of retail food establishments. Retail food establishments can implement this rule with existing personnel, and it is likely that many establishments will have already implemented the requirements contained in this rule.
Summary of Comments by Legislative Review Committees
On February 21, 2005, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Health, Children, Families, Aging and Long Term Care and to the Assembly Committee on Public Health. Neither the Assembly Committee on Public Health nor the Senate Committee on Health, Children, Families, Aging and Long Term Care took any action on the rule during their review period.
An order affecting ch.
Comm 129, relating to technology commercialization programs.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
2003 Wisconsin Act 255 directed the department to promulgate rules to administer an early stage business investment program and a technology commercialization grant and loan program. The proposed rules of Clearinghouse Rule No. 04-108 are minimum requirements to meet the directives of Act 255, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules. Small businesses have the option to apply for tax credits or grants and loans under the 2 programs.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
Comm 5,
96 to
98, relating to manufactured home dealer and salesperson licenses.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
Sections
101.951 and
101.952, Stats., direct the Department to issue licenses to and regulate manufactured home dealers and salespersons through the promulgation of administrative rules. The proposed rules of Clearinghouse Rule No. 04-134 are minimum requirements to meet the directive of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
ER 1,
3,
4,
8,
10,
18,
29,
34 and
44, relating to the references to the Compensation Plan, day care providers, the Entry Professional Program, paid leave to vote, continuous service, reinstatement, sick leave credit restoration, annual leave schedules, annual leave options, personal holidays, catastrophic leave, paid leave for bone marrow or organ donation, project compensation, hiring above the minimum and supervisor training.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed rule changes affect only persons employed by or who seek employment with the State of Wisconsin. The rule changes will not affect small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Employment Relations - Merit, Recruitment and Selection
(
CR 04-138)
An order affecting chs.
ER-MRS 1,
8,
12,
14,
15,
16,
17,
22,
24,
27,
32 and
34, relating to the Entry Professional Program, submission of notices and requests to the administrator, promotional appointments and pay, involuntary transfers, periods of eligibility for reinstatement, the definition of “state property", acting assignments and obsolete references, correct cross-references, clarifying language and other minor, technical changes.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
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.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
DFI-Bkg 40,
41,
42,
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.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 196 and Appendix, relating to restaurants and the Wisconsin Food Code. Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed rule changes clarify the existing rule's intent and, in some cases, gives restaurants increased flexibility to utilize current science in food safety. The proposed changes to ch.
HFS 196 will have little or no fiscal impact on Wisconsin restaurants and will not add any business costs. The proposed rule changes principally clarify rule intent and allow flexibility for restaurant compliance.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 148, relating to the cancer drug repository. Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will affect only the pharmacies and medical facilities that elect to participate in the cancer drug repository program, including those that meet the definition of small business under s.
227.114 (1), Stats. Except for certain form requirements, the proposed rules do not impose reporting or recordkeeping requirements, or performance, operational, or design standards beyond what may be already required under s.
450.11, Stats., and ch.
Phar 7 relating to pharmacies; s.
HFS 124.15 relating to hospitals; and ch.
Med 17, relating to physicians. Medical facilities and pharmacies that elect to participate in the cancer drug repository program may incur additional costs for inspection, storage, dispensing, distribution, and destruction of expired donated drugs or supplies. The handling fee allowed under s.
255.056, Stats., and the proposed rules may help to offset these costs.
Summary of Comments by Legislative Review Committees
The Senate Committee on Health, Children, Families, Aging and Long Term Care requested modifications to s.
HFS 148.08, to increase the maximum handling fee limit of 250%. The Department increased the maximum handling fee limit to 300% as reflected in the final order.
An order affecting ch.
Ins 3, relating to Medicare supplement, cost, select, Medicare Advantage and Medicare Part D.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Ins 5, relating to administrative hearing procedures. Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Ins 14, relating to vehicle protection product warranties.
Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
NR 410, relating to asbestos permit exemption fees and inspection fees. Effective 7-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed rule was created with the notion that the majority of businesses affected are small businesses. Wisconsin is delegated authority by the U.S. Environmental Protection Agency to regulate the National Emission Standards for Hazardous Air Pollutants for asbestos, and cannot be less stringent than federal regulations. The concerns that small business had with the sample analysis fees were the logistics of collecting the fees from the correct party and cost effectiveness. Due to successful efforts to reduce these costs internally, repeated public concerns and a cost-benefit analysis that indicated limited returns, the Department has chosen to remove this portion of the proposed rule revision.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On March 30, 2005, the Assembly Committee on Natural Resources held a public hearing. On April 7, 2005, the Senate Committee on Natural Resources and Transportation held a public hearing. No comments or requests for modifications were received as a result of these hearings.
