Hearing Information
The public hearing will be held in the Kickapoo Valley Reserve Visitor Center meeting room; S.3661 Highway 131, La Farge, Wisconsin on
Tuesday, April 25, 2006 beginning at 6:00 p.m. Copies of the Hearing Notice, complete rule text and other information regarding the Kickapoo Valley Reserve is available via the agency website:
http://kvr.state.wi.us through the contact information listed below.
Written Comments
Written comments on the proposed rule amendment may be sent to the contact person by April 30, 2006. Written comments will receive the same consideration as oral testimony presented at the hearing.
Analysis Prepared by the Kickapoo Reserve Management Board
Statutes interpreted: s.
41.41, Stats.
The Kickapoo Reserve Management Board (KRMB) was created in 1994 to manage the 8,569 - acre Kickapoo Valley Reserve (Reserve). Under a joint management agreement with the Ho-Chunk Nation, the KRMB administers the objective set forth in s.
41.41 to: “
preserve and enhance its unique environmental, scenic and cultural features, to provide facilities for the use and enjoyment of visitors to the reserve and to promote the reserve as a destination for vacationing and recreation."
Under current rules (s.
KB 1.09(8)) the Board limited the number of persons at one campsite to six people. The KRMB in working with the Department of Health and Family Services in the administration of campground rules allow for a variety of campsite sizes that have appropriate capacity limits based on specific area. The KRMB is seeking to eliminate the “6 person" limit of the current rule to allow for campsite capacity limits to be posted accurately on site. Also, KB 1.10 exempts persons who hunt, fish or trap from paying a fee to the Reserve. The amended rule would eliminate that exemption.
Text of Rule
No more than one camping party is permitted at any camping site in the reserve. A camping party that includes persons other than immediate family members may not exceed posted capacity limits except a camping party that receives a permit to camp at a group campsite.
All users of the reserve are required to pay either annual, camping, day use or event fees.
Initial Regulatory Flexibility Analysis
The proposed rule will does not have a significant fiscal impact on governmental entities.
Fiscal Estimate
The proposed rule does not have a significant fiscal impact.
Contact Person
For additional information, copies of the proposed rules or to submit comments in writing contact:
Marcy West, Executive Director
Kickapoo Valley Reserve
S.3661 Highway 131
La Farge, Wisconsin 54639
Phone: 608-625-2960
Fax: 608-625-2962
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 (1) (b) and
458.085, Stats., and interpreting ss.
458.06,
458.08 and
458.13, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 80.03 (1a), (1b), (7g) (a) and (b), 81.02 (6), 83.01 (4) (a), 84.01 (2), (5), (6) (a) (intro.), 1., 2., 3., (b) (intro.), 1., 2., 3., the Note following RL 84.01 (6) (b) 3., (c) (intro.), 1. and 2. and (13), 85.02 (7) (a) (intro.), 1., 2., (b) (intro.), 1., 2., 3., (c) (intro.), 1., 2., 3., the Note following RL 85.02 (7) (c) 3., (d) (intro.), 1. and 2. and (11); to renumber and amend RL 80.03 (7g) (intro.), 84.01 (6) (intro.), 84.02, 84.03, 84.04, 85.02 (2) and (7) (intro.); to amend RL 80.03 (3), (9) and (13), 81.01, 81.02 (intro.), (3), (7), the Note following RL 81.02 (8), 81.03 (1) (title), (intro.), (c), (2) (intro.), (a), the Note following RL 81.03 (2) (d), the Note following RL 81.04 (1) (a), 81.04 (1) (c) (intro.) and 1., 81.05 (1) (title) and (2) (title), 82.01 (6), 83.01 (3) (intro.), (a) and (b), (4) (b), the Note following RL 83.01 (4) (c), 83.02 (2), 84.01 (1), (7) (b) and (c), (9) (d) and (e), (12) and the Note following RL 84.01 (12), 85.01 (1), (1m), (2), (3) and (5), 85.02 (1), (6), (8) (b) and (c), the Note following RL 85.02 (8) (d), (10), the Note following RL 85.02 (10), 86.01 (1), (2), (4) and (10), 87.01 (1), (2) and (3) and 87.02 (1), (2) (intro.) and (b); to repeal and recreate RL 80.03 (10), 84.01 (7) (e) and 85.02 (8) (e); and to create RL 80.03 (4m), a Note following RL 81.02 (5), 83.01 (3) (f) and (3m), a Note following RL 84.01 (6), 85.02 (2) (a) to (m), a Note following RL 85.02 (7), 86.01 (11) and 87.02 (2) (c), relating to definitions, experience, educational courses, continuing education, conduct and renewal for real estate appraisers.
Hearing Date, Time and Location
Date: May 10, 2006
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 121C
(Enter at 55 Dickinson Street)
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 Council, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708, or by e-mail to
pamela.haack@drl.state.wi.us. Written comments must be received by May 22, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Department of Regulation and Licensing is authorized under ss.
458.03 (1) (b) and
458.085, Stats., to promulgate rules establishing the criteria for the approval of educational programs and experience requirements for licensed and certified appraisers.
Related statute or rule: The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA),
12 USC 3331 et seq.
Plain language analysis:
SECTION 1. In s.
RL 80.03 (1a), the department repeals the definition of “ad valorem tax appraisal" and replaces it with the definition of “mass appraisal." The definition of “mass appraisal," which is created in SECTION 7, is more commonly used in the profession. Section RL 80.03 (1b), which contains the definition of “affidavit," is being repealed because the department no longer requires applicants to submit affidavits verifying appraisal experience.
SECTION 2. In s.
RL 80.03 (3), the department amends the definition of “appraiser experience," to include the types of experience that it will accept for purposes of granting appraiser credentials. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 3. Section
RL 80.03 (4m) is being created to define “class hour" to mean 60 minutes, of which at least 50 minutes are instruction attended by the student. This definition replaces the definition of “hour of instruction" found in s. RL 80.03 (10), which is being repealed and recreated in SECTION 7.
SECTION 4. Section RL 80.03 (7g) (intro.) is renumbered s. RL 80.03 (7g) and is being amended to define distance education to mean any education process based on the geographical separation of student and instructor. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 5. Refer to comments under SECTION 4 above.
SECTION 6. Section
RL 80.03 (9) is being amended to make a minor correction.
SECTION 7. Refer to comments under SECTION 1 above.
SECTION 8. In s.
RL 80.03 (13), the definition of “real estate consulting" is being revised to make a minor change to the rule.
SECTION 9. Section
RL 81.01 is being amended to omit the references to sub. (1), because starting January 1, 2008, applicants may be required to satisfy additional educational requirements that are set forth in other subsections of the rules. Refer to SECTIONS 37, 38 and 39.
SECTION 10. Section
RL 81.02 (intro.) is being amended to reduce the amount of time that applicants will be required to comply with a request for information related to an application from one year to 120 calendar days. At the expiration of the 120 day period, applicants will be required to file a new application and fee if certification or licensure is sought at a later date.
SECTION 11. A note following s.
RL 81.02 (5) is being created to set forth the amount of time that applicants will be allowed to take and pass the state and national examinations and to complete all other requirements for licensure or certification. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 12. Section RL 81.02 (6) is being repealed because the department will no longer require an applicant to submit an affidavit verifying appraisal experience.
SECTION 13. Section
RL 81.02 (7) is being amended to make a minor change.
SECTION 14. The Note following s.
RL 81.02 (8) is being amended to state that applications are available on the department's website.
SECTION 15. Section
RL 81.03 (1) (intro.) is being amended to clarify that an appraiser who applies for a temporary registration must hold a credential in another state that is not currently limited, suspended or revoked. Section
RL 81.03 (1) (c) is being amended to correct the statute citation.
SECTION 16. Refer to SECTION 10 above.
SECTION 17. Refer to SECTION 14 above.
SECTION 18. Refer to SECTION 14 above.
SECTION 19. Section
RL 81.04 (1) (c) 1. is being amended to clarify that an appraiser who applies for a reciprocal credential must hold a credential in another state that is not currently limited, suspended or revoked.
SECTION 21. Section
RL 82.01 (6) is being amended to omit the references to sub. (1), because starting January 1, 2008, applicants may be required to satisfy additional educational requirements that are set forth in other sections of the rules. Refer to SECTIONS 37, 38 and 39.
SECTION 22. Section
RL 83.01 (3) is being amended to make minor and technical changes to the rules. See, also, SECTION 2 above.
SECTION 23. Section
RL 83.01 (3) (f) is being created to clarify that an applicant may claim no more than 50% of appraisal experience gained without a client. Section
RL 83.01 (3m) is being created to state that an applicant who fails to complete the experience hours required for licensure or certification prior to January 1, 2008, may claim only those hours acquired after January 30, 1989. These changes reflect revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 24. Section RL 83.01 (4) (a) is being repealed because the department will no longer require an applicant to submit an affidavit verifying appraisal experience. See, also, SECTION 12 above.
SECTION 26. The Note following s.
RL 83.01 (4) (c) is being amended to state that applications are available on the department's website.
SECTION 27. Section
RL 83.02 (2) is being amended because the department no longer requires applicants to submit affidavits verifying appraisal experience. See, also, SECTIONS 12 and 24 above.
SECTION 28. Section
RL 84.01 (1) is being amended to reflect that the department no longer accepts courses approved for college credit by the American Council on Education. See, also, SECTION 36.
SECTION 29. Section RL 84.01 (5) is being repealed to reflect that the department no longer accepts courses obtained through challenge examinations.
SECTION 30. Section RL 84.01 (6) (intro.) is being renumbered s. RL 84.01 (6) and is being amended to reflect that the criteria for granting credit for distance education will be based upon the requirements for continuing education courses established by the AQB that are in effect at the time a course is completed.
SECTION 31. Section RL 84.01 (6) (a) (intro.), 1., 2., 3., and the other related provisions are being repealed for the reason stated in SECTION 30 above.
SECTION 32. The Note following s.
RL 84.01 (6) is being created to include the website address for the AQB.
SECTION 33. Section
RL 84.01 (7) (b) is being amended to include the types of experience that the department will accept for purposes of granting appraiser credentials. See, also, SECTION 2 above. Section
RL 84.01 (7) (c) is being amended to clarify that assessor educational programs must be pertinent to appraisal practice in order for the programs to receive approval.
SECTION 34. Section RL 84.01 (7) (e) is being repealed to reflect that the department no longer accepts courses approved for college credit by the American Council on Education. See, also, SECTION 28 above. Section
RL 84.01 (7) (e) is being recreated to state that in order for an individual to be approved as an instructor to teach the 15-hour National USPAP Course or its equivalent, the individual must be a certified residential or general appraiser, and be certified by the AQB as an instructor to teach that course. This revision reflects changes made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 35. Section
RL 84.01 (9) and
(12) are being amended to make minor changes to the rules.
SECTION 36. Section RL 84.01 (13) is being repealed to reflect that the department no longer accepts courses approved for college credit by the American Council on Education. See, also, SECTION 28 above.
SECTION 37. Section RL 84.02 is renumbered s. RL 84.03 and is being amended to state that an applicant who fails to complete the 120 class hours before January 1, 2008, will be required to complete the educational requirements set forth in s.
RL 84.03 (4). Section
RL 84.03 (4) requires an individual who applies for a certified residential appraiser credential after January 1, 2008, to submit evidence of completion of 200 class hours and an associate degree or equivalent education. This amendment reflects revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 38. Section RL 84.03 is renumbered s. RL 84.04 and is being amended to state that an applicant who fails to complete the 180 class hours before January 1, 2008, will be required to complete the educational requirements set forth in s.
RL 84.04 (4). Section
RL 84.04 (4) requires an individual who applies for a certified general appraiser credential after January 1, 2008, to submit evidence of completion of 300 class hours and a bachelor's degree or equivalent education. This amendment reflects revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 39. Section RL 84.04 is renumbered s. RL 84.02 and is being amended to state that an applicant who fails to complete the 90 class hours before January 1, 2008, will be required to complete the educational requirements set forth in s.
RL 84.02 (4). Section
RL 84.02 (4) requires an individual who applies for a licensed appraiser credential after January 1, 2008, to submit evidence of completion of 150 class hours of education. This amendment reflects revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.
SECTION 41. Section
RL 85.02 (1) is being amended to delete the reference to sub. (11). The amendment reflects that the department no longer accepts courses approved for college credit by the American Council on Education. See, also, SECTIONS 28 and 34 above.
SECTION 42. Section RL 85.02 (2) is renumbered s. RL 85.02 (2) (intro.) and is being amended to reflect that the department will approve only continuing education courses that relate to specific topics or subject areas.
SECTION 43. Section
RL 85.02 (2) (a) to
(m) are being created to identify the continuing education topics or subject areas that the department will approve. Refer, also, to SECTION 42 above.
