Rule-making notices
Notice of Hearing
Chiropractic Examining Board
Hearing Date, Time and Location
Date: February 23, 2006
Time: 8:15 a.m.
Location: 1400 East Washington Avenue
Room 121A
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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before March 6, 2006 to be included in the record of rule-making proceedings.
Analysis
Explanation of agency authority: The Chiropractic Examining Board has the authority under s.
446.02, Stats., to establish the requirements of continuing education for license renewal. Presently, those requirements are set forth in Chapter
Chir 5. The proposed rule removes references to outdated requirements and provides for approval of non-classroom technology based educational opportunities. This proposal is intended to allow chiropractors to take advantage of educational opportunities that are or will become available in non-classroom settings by advances in technology while maintaining the value of active participation and the assurances of assessment tools.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: SECTION 1 repeals one time ethics and radiology education requirements that were required for the 2003 to 2004 biennium.
SECTION 2 repeals language that requires the student to be physically present in the room in which the program is presented. The removal of this restriction is necessary to facilitate distance learning alternatives.
SECTION 3 establishes a limitation of 12 continuing education hours that may be obtained from technology based non-classroom education programs. This SECTION requires that such programs must have a written assessment instrument to assure that the student actively participated and derived a benefit. This SECTION also allows in the case of extreme hardship for accumulation of more than 12 hours of non-classroom continuing education.
SECTION 4 sets forth the requirements of technology based non-classroom continuing educational programs in addition to the requirements common to all continuing educational programs. These additional requirements include that the student must take a written assessment instrument and demonstrate that they actively participated in the program and demonstrate that they received a measurable benefit from their participation. These programs must also contain a reasonable security measure to assure that the enrolled student is the actual participant.
SECTION 5 repeals language authorizing non-classroom education in cases of extreme hardship because the language was recreated in SECTION 3.
SECTION 6 creates a requirement that the application for approval of technology based, non-classroom continuing education programs must contain information stating how the program will conduct the written assessment and what type of security measures are being used to fulfill the requirements of SECTION 4.
SECTION 7 restricts the approval period of continuing education programs for the biennium in which they are approved. Such a restriction assures that the information conveyed and is current and the topic timely.
Summary of, and comparison with, existing or proposed federal regulation: No proposed or existing federal regulation authorizing or restricting technology based, non-classroom continuing education programs for chiropractors exist.
Comparison with rules in adjacent states:
Illinois: Continuing medical education utilizing materials such as CD-ROMs, printed educational materials, audiotapes, video cassettes, films, slides and computer assisted instruction that provide a clear, concise statement of the educational objectives and indicate the intended audience. These programs shall also have a method of verifying physicians' participation.
Iowa: Iowa is currently promulgating a rule change to 645 IAC 44.03 that would allow continuing education credit for completing electronically transmitted programs/activities or INDEPENDENT study programs/activities that have a certificate of completion.
Michigan: The state of Michigan does not address the setting in which continuing education programs may take place.
Minnesota: 2500.1550 ALTERNATIVES TO TRADITIONAL CLASSROOM PRESENTATION.
A chiropractor may obtain up to six units of the 20-unit annual requirement through alternatives to traditional classroom presentations. The programs must be approved by the board or a board-approved sponsor according to parts 2500.1200 to 2500.2000. The programs approved for continuing education credit under this part must include a written assessment instrument, designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation. For the purposes of this part, an instrument that provides a minimum of two questions from each unit of instruction, and of which 75 percent or more are correctly answered, satisfies this requirement.
Summary of factual data and analytical methodologies: No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rules change is necessary.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The Department of Regulation and Licensing has a small business review advisory committee (SBRAC) which consists of representatives of a variety of small business and geographic locations. This proposed rule was reviewed by the SBRAC and found that the rule would not have a significant economic impact on small business.
This conclusion is supported by an analysis by department staff. Licensed chiropractors are required to complete 40 hours of continuing education (CE) each biennium. Continuing education hours have traditionally only been available at locations near urban (higher population density) areas. The economics of hosting and presenting all day or multi-day presentations requires that CE providers attract a large number of attendees. This may cause significant financial burden in terms of travel expenses and lost income due to time away from the practice.
The use of modern technology (an example would be Internet-based CE courses) will offer chiropractors more educational opportunities while reducing travel and time away from office related costs.
This rule does not mandate that any CE provider offer non-traditional or technology-based CE, therefore, there would be no additional mandated expenses to CE providers.
Anticipated costs incurred by private sector/fiscal estimate: The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business: These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
TEXT OF RULE
SECTION 1. Chir 5.01 (1) (c) and (d) are repealed.
SECTION 2. Chir 5.01 (3) is renumbered Chir 5.01 (3) (a) and is amended to read:
Chir 5.01 (3) (a) To obtain credit for completion of continuing education programs, a chiropractor shall certify on his or her application for renewal of license registration that he or she has completed all continuing education credits as required in this section for the previous 2 year license registration period. A chiropractor shall retain for a minimum period of 4 years, and shall make available to the board or its agent upon request, certificates of attendance issued by the program sponsor for all continuing education programs for which he or she claims credit for purposes of renewal of his or her license registration. Chiropractors attending a program for credit shall be present in the room where a program is being presented in order to claim credit. A chiropractor may claim credit hours for continuing education for which he or she was in actual attendance in the room, except for authorized break periods or to attend to personal hygiene needs.
SECTION 3. Chir 5.01 (3) (b) to (e) are created to read:
Chir 5.01 (3) (b) Except as provided in par. (c), chiropractors attending a program for credit shall be present in the room where a program is being presented in order to claim credit. A chiropractor may claim credit hours for continuing education for which he or she was in actual attendance in the room, except for authorized break periods or to attend to personal hygiene needs.
(c) Chiropractors may obtain up to 12 continuing education credit hours through alternative based, non-classroom programs. The programs shall be approved by the board under the provisions of s.
Chir 5.02. The chiropractor shall have completed all parts of the course for which credit is awarded by the provider.
(d) The programs shall include a written assessment instrument, designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation.
(e) Home study programs and other technology based, non-classroom presentations may be approved for credit in excess of 12 credit hours only in cases of extreme hardship, as determined by the board.
SECTION 4. Chir 5.02 (1) (i) is created to read:
Chir 5.02 (1) (i) A technology based, non-classroom program shall meet these additional requirements:
1. The program shall include a written assessment instrument, designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation.
2. The program shall contain a reasonable security procedure to assure that the chiropractor enrolled is the actual participant.
SECTION 5. Chir 5.02 (3) is repealed.
SECTION 6. Chir 5.02 (4) (a) 8., a. and b. are created to read:
Chir 5.02 (4) (a) 8. If the course is a technology based, non-classroom program, a description of the methods employed to fulfill the following requirements:
a. The program shall include a written assessment instrument, designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation.
b. The program shall contain a reasonable security procedure to assure that the chiropractor enrolled is the actual participant.
SECTION 7. Chir 5.02 (7) is created to read:
Chir 5.02 (7) The approval of a course shall be effective only for the biennium in which it is approved.
Notice of Hearing
Chiropractic Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
446.04, Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Chir 6.02 (6), relating to adequate education prior to application of new therapies and treatment modalities.
Hearing Date, Time and Location
Date: February 23, 2006
Time: 8:15 a.m.
Location: 1400 East Washington Avenue
Room 121A
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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before March 6, 2006 to be included in the record of rule-making proceedings.
Analysis
Statutes interpreted: Section
446.04, Stats.
Explanation of agency authority: The Chiropractic Examining Board licenses and regulates the conduct of chiropractors. The board is authorized under ss.
15.08 (5) and
(6),
446.02 (1) (b) and
446.02 (2) (b), Stats., to promulgate rules relating to the educational requirements for licensure and the requirements for continuing education of chiropractors and unprofessional conduct.
Related statute or rule: There are no other related statutes or rules other than those listed above.
Plain language analysis: This proposed rule-making order makes changes to reflect the need for chiropractors to receive adequate training, education and experience prior to the introduction, or application, of new therapies and treatment modalities in their chiropractic practice application.
New therapies and treatment modalities, such as cold laser therapy and other potential new high-visibility therapies, are being introduced into the practice of chiropractic treatment on a regular basis. To ensure that these new therapies and treatment modalities being made available by advancements in the field are administered appropriately, and to adequately educate chiropractors on the treatment of their patients, a rule change specifying that the chiropractor should have adequate education and training prior to patient application will be required.
SECTION 1 amends the rules to specify that chiropractors need adequate training, education and experience relating to the use of new therapies and treatment modalities in the chiropractic profession to assure competence prior to application.
Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states:
Illinois: Illinois's administrative code has no mention specifically of training requirements; however, the conduct of chiropractors is governed under Section 1285.240 Standards (Illinois Admin. Code). Interestingly, the rules governing the conduct of chiropractors are those of the medical profession and treat chiropractors as members of the medical profession (referring to them as chiropractic physicians). The rules do require that chiropractors act in ways that will not harm the public, breaches the physician's responsibility to a patient in accordance to medical standards of practice and not use any equipment on patients that have not been authorized for use in an approved research program pursuant to rules of the Illinois Department of Public Health authorizing research programs or as otherwise expressly authorized by law. More may be found at:
http://www.ildpr.com/WHO/ar/medicalr.asp
Iowa: Iowa's administrative code governing conduct has no specific language requiring education prior to the use of a new therapy; however, there are requirements for chiropractors to be competent in their practice. Excerpts from their administrative code are as follows:
45.2 (2) Professional incompetence. Professional incompetence includes, but is not limited to:
a. A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice.
b. A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other chiropractic physicians in the state of Iowa acting in the same or similar circumstances.
c. A failure to exercise the degree of care which is ordinarily exercised by the average chiropractic physician acting in the same or similar circumstances.
d. Failure to conform to the minimal standard of acceptable and prevailing practice of a chiropractic physician in this state.
Michigan: Michigan's administrative code relating to rules governing the practice of chiropractic has no specific rules regulating professional conduct. The rules relating to actions against a Michigan chiropractic license holder are covered under Michigan Statutes: Chapter 333.16221 – 16226. More may be found at:
http://www.legislature.mi.gov/mileg.asp?page=executesearch
Minnesota: Minnesota's statutes governing conduct has no specific language requiring education prior to the use of a new therapy; however, there are requirements for chiropractors to be competent in their practice. Excerpts from their administrative code are as follows:
From Minnesota statutes: 148.10 Licenses Revoked; New Licenses.
(11), unprofessional conduct means any unethical, deceptive or deleterious conduct or practice harmful to the public, any departure from or the failure to conform to the minimal standards of acceptable chiropractic practice, or a willful or careless disregard for the health, welfare or safety of patients, in any of which cases proof of actual injury need not be established. Unprofessional conduct shall include, but not be limited to, the following acts of a chiropractor:
(1) gross ignorance of, or incompetence in, the practice of chiropractic
Summary of factual data and analytical methodologies: No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rules change is necessary.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The Department of Regulation and Licensing has a small business review advisory committee (SBRAC) consisting of representatives of a variety of small business and geographic locations. This proposed rule was reviewed by the SBRAC and found that the rule would not have a significant economic impact on small business.
This conclusion is supported by an analysis by department staff. Licensed chiropractors are required to follow the Standards of Conduct Rules under ch.
Chir 6 of the Wisconsin administrative code. The existing rules prevent licensed chiropractors from performing professional services inconsistent with their training, education or experience. Given the current pace of technological advancement, and the resulting marketing effort targeting practitioners, the existing rules governing professional conduct is amended by the board to clarify education and training requirements of chiropractors prior to application and/or incorporation of new technology-based therapies and treatments into their practice.
The incorporation and use of modern technology has always been and will be a part of patient care; however, the rules governing conduct should keep up with those applications, especially where they relate to existing rules of conduct for the protection of the public.
This proposed rule does not mandate any additional education or training with regards to new technology or treatments, unless chiropractors wish to incorporate those new treatments into their practice.
Anticipated costs incurred by private sector/fiscal estimate: 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: These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
TEXT OF RULE
SECTION 1. Chir 6.02 (6) is amended to read:
Chir 6.02 (6) Performing professional services inconsistent with training, education or experience.
Prior to application to patients of new therapies or treatment modalities, a chiropractor shall obtain adequate and appropriate training and education. Such training and education may be obtained from coursework at an accredited college of chiropractic, or from a board-approved continuing education program or from a program sponsored by an organization listed in s. Chir 5.02 (1) (a).
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 17.28, Wis. Adm. Code, relating to Fund fees for fiscal year 2007.
Hearing Information
Date: February 13, 2006
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:
http://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:30 p.m. on the 8
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Theresa Wedekind
OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Entities organized and operated in this state for the primary purpose of providing the services of physicians or certified registered nurse anesthetists.
b. Description of reporting and bookkeeping procedures required: None beyond those currently required.
c. Description of professional skills required: None beyond those currently required.
The office of the commissioner of insurance and the board of governors of the injured patients and families compensation fund propose an order to amend s.
Ins 17.01 (3), and s.
Ins 17.28 (3) (c) 1. and
2., and to repeal and recreate s.
Ins 17.28 (6), relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2006 and may have an effect on small businesses.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
3. Explanation of the OCI's authority to promulgate the proposed rule under these statutes: The commissioner of insurance, with the approval of the board of governors (board) of the injured patients and families compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund.
4. Related Statutes or rules: None.
5. The plain language analysis and summary of the proposed rule: This rule establishes the fees which participating health care providers must pay to the fund for the fiscal year beginning July 1, 2006. These fees represent a 25 % increase compared with fees paid for the 2005-06 fiscal year. The board approved these fees at its meeting on December 14, 2005, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
This rule includes fees for two new categories of health care providers:
1.
A new part-time classification for physicians as approved by the fund's board for those physicians working 1040 hours or less per fiscal year, and
2.
A new classification for organizations or enterprises not specified as a partnership or corporation, such as a limited liability company (LLC), that are organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists pursuant to
2005 Wisconsin Act 36.
This rule includes additions to the Insurance Services Office (ISO) code listing to address new classification specialties. ISO codes are the numerical designation for a health care provider's specialty and are used to classify the provider for assessment purposes.
The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $25.00 for physicians and $2.00 per occupied bed for hospitals, representing a decrease from 2005-06 fiscal year mediation panel fees.
6. 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: To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
7. Comparison of similar rules in adjacent states as found by OCI: To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
8. 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: None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes.
9. 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: This increase in fund fees will have an effect on some small businesses in Wisconsin. However, the vast majority of Fund participants that meet the definition of a small business are single shareholder corporations owned by a physician. These entities do not pay an additional fee separate from the fund fee physician's pay for their individual Fund coverage and therefore, will not be effected by the proposed rule. The fund identified a few small businesses which meet the definition of small business and that may pay an additional fee separate from the physician fee. However, even for these few entities, although there is an effect it is not significant nor should it negatively effect the small business's ability to compete with other providers not subject to potential additional fee.
10. 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: The increase in fees promulgated by this rule does not result in a significant fiscal effect on the private sector. The cost of Fund coverage is a very small portion of the expenses incurred by health care providers. This increase is the first such increase after several years of decreases. Fund fees prior to this increase are 55% less then they were 5 years ago and after this increase will still be 43% less then 5 years ago. Although a health care provider may pass this increase on to it patients, there will not be a significant fiscal effect on the private sector as a result of this proposed rule.
11. A description of the Effect on Small Business: This rule will have little or no effect on small businesses. The increase contained in the proposed rule will require providers to pay an increased assessment which will increase the operational expenses for the providers. However, as stated in response to #10, above, while this proposed rule increases fund fees, the fees that will be assessed are still 43% lower than fees paid 5 years ago and the fee is proportional to all size businesses. As such, small businesses will not be disproportionately effected and the proposed rule will have no effect to the provider's competitive abilities.
12. 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
13. Place where comments are to be submitted and deadline for submission:
The deadline for submitting comments is 4:30p.m. on February 21, 2006.
Mailing address:
Theresa Wedekind
OCI Rule Comment for Rule Ins 17287 PCF fee rule
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Theresa Wedekind
OCI Rule Comment for Rule Ins 17287 PCF fee rule
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
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
Fiscal Estimate
The Injured Patients and Families Compensation Fund (IPFCF or Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1 based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its December 14, 2005 meeting.
The Fund is a unique fund; there are no other funds like it in the country. The WI Fund provides unlimited liability coverage and participation is mandatory. These two features make this Fund unique compared to funds in other states. The only persons who will be affected by this rule change are the Fund participants themselves as the IPFCF is fully funded through assessments paid by Fund participants.
There is no effect on GPR.
Estimated revenue from fees for fiscal year 2006-2007 is approximately $24 million which represents a 25% increase in fees as compared to 2005-2006 Fund fees.
Private Sector Fiscal Analysis
The increase in fees promulgated by this rule does not result in a significant fiscal effect on the private sector. The cost of Fund coverage is a very small portion of the expenses incurred by health care providers. This increase is the first such increase after several years of decreases. Fund fees prior to this increase are 55% less then they were 5 years ago and after this increase will still be 43% less then 5 years ago. Although a health care provider may pass this increase on to it patients, there will not be a significant fiscal effect on the private sector as a result of this proposed rule.
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 Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
110.075 and ch.
194, Stats., and interpreting ch.
194, Stats., the Department of Transportation will hold a public hearing in Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of February, 2006, at 3:00 PM, to consider the amendments of chs.
Trans 325 and
326, Wisconsin Administrative Code, relating to motor carrier safety regulations, and motor carrier safety requirements for transportation of hazardous materials.
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: Ch.
194, Stats.
Statutory authority: s.
110.075 and Ch.
194, Stats.
Explanation of agency authority: The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program. It shall be the duty of the department to prescribe rules and regulations as to safety and operations and the hours of service of drivers of motor vehicles operated under the authority of this chapter.
Related statute or rule: s.
110.07, Stats.
Plain language analysis
As prescribed by state statute, the Department is mandated to regulate both intra and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations.
Summary of, and preliminary comparison with, existing or proposed federal regulation
Trans 325 (Interstate Motor Carrier Safety Regulations) adopts Federal regulations
49 CFR parts 390 to
397. Trans 326 (Interstate and Intrastate Motor Carrier Safety Requirements for Transportation of Hazardous Materials) adopts Federal regulations
49 CFR parts 107,
171,
172,
173,
177,
178,
180 and
385 subparts C & E.
Comparison with Rules in Adjacent States
All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen
The Federal Motor Carrier Safety Administration did extensive research into the hours-of-service for commercial vehicle drivers. Its research, coupled with input from the motor carrier industry, resulted in the new hours-of-service regulations for interstate commerce effective October 1, 2005.
Analysis and supporting documentation used to determine effect on small businesses
The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Effect on small business
All businesses will have the same effect. There is no differentiation between small business and large business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector
The Department 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 that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency contact person and 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 Capt. Charles Teasdale, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7912, Madison, WI 53707-7912. You may also contact Capt. Teasdale by phone at (608) 266-0305.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 22nd day of February, 2006 at 9:15 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statute interpreted: s.
45.43, Stats.
The proposed rule changes will allow the department to use operational funds to provide vocational assistance to participants in the Veterans Assistance Program. The language will also authorize the department to assess a monthly program fee of 30% of gross monthly income, or $350.00, whichever is less, to a resident of single room occupant housing.
There is no current or pending federal regulation that addresses the use of funds for vocational purposes. As to the fee, current federal regulations permit an assessment up to 30% of gross income, as provided in the proposal. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule may result in an increase in revenues of $126,000 on an annual basis.
Contact Information
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
(608) 266-7916
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the emergency rules and the proposed permanent amendment of rules relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements and affecting small businesses.
Hearing Information
Wednesday, February 15, 2006 at 1:30 p.m.
G.E.F. 1 Building, B103
201 E. Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of the prevailing wage rate requirements and direct the Department to adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the Department to biennially adjust the thresholds for various requirements in proportion to any change in construction costs since the last adjustment if the adjustment to be made would not be less than 5%.
Summary of the proposed and emergency rule. Section
DWD 290.155 (1) currently provides that the prevailing wage rate requirements do not apply to any single-trade public works project for which the estimated cost of completion is below $41,000 and do not apply to any multi-trade public works project for which the estimated cost of completion is below $200,000. This proposed and emergency rule adjusts the thresholds from $41,000 to $43,000 for a single-trade project and from $200,000 to $209,000 for a multi-trade project based on a 4.639% increase in construction costs between December 2004 and December 2005.
Chapter
DWD 293 provides adjusted thresholds for various payment and performance assurance requirements that apply to contracts with state or local governments for the performance of labor or furnishing of materials for a public improvement or public work. This rule adjusts these thresholds to reflect a 12.75% increase in construction costs from December 2003 to December 2005.
Summary of analytical methodology. Sections
DWD 290.15 and
293.01 provide that the Department will adjust the thresholds on the basis of the change in the construction cost index as published in the Engineering News-Record, a national construction trade publication. Thresholds are rounded to the nearest thousand.
Comparison to federal law. The threshold for application of the federal prevailing wage law is a contract greater than $2,000. The threshold for application of the federal contractor payment and performance bond requirements is $100,000. These thresholds are in statute and are rarely adjusted.
Comparison of prevailing wage law thresholds in adjacent states. Minnesota has a statutory threshold of $2,500 for a single-trade project and $25,000 for a multi-trade project. Illinois does not have a threshold in its prevailing wage law. The law covers public works projects and defines public works projects as projects financed under various other specified laws. Michigan does not have a threshold in its prevailing wage law. The law covers projects that must be bid and relies on other agencies to determine the thresholds for what projects must be bid. Iowa does not have a prevailing wage law.
Comparison of payment and performance bond thresholds in adjacent states. Minnesota has a public contractors' performance and payment bond requirement that applies to a contract that exceeds $75,000. Illinois requires a bond if a contract for a public work exceeds $5,000. Neither state appears to have a mechanism for adjustment of the thresholds, other than statutory amendment. Michigan has a performance bond requirement without a clear statutory threshold. The Department did not find a performance bond requirement for public works contracts in Iowa.
Effect on small business. The rule affects construction companies, many of whom are small businesses. No reporting, bookkeeping, or other professional skills are required for compliance with the rule.
Analysis used to determine effect on small business. The adjustment of the thresholds for application of the prevailing wage and payment and performance bond requirements prevent these provisions from affecting more and more public works projects over time due solely to the effects of inflation.
Fiscal Impact
Under the proposed rule, a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $41,000 but less than $43,000 or a multi-trade project that costs more than $200,000 but less than $209,000 will not be covered by the prevailing wage requirement.
Contact Information
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “prevailing wage" in the search engine. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than February 16, 2006, will be given the same consideration as testimony presented at the hearing.
Small Business Regulatory Coordinator
Jennifer Jirschele
(608) 266-1023
