According to Department records (Bureau of Quality Assurance), there are approximately 640 entities in Wisconsin in the business of providing ambulatory substance abuse health care and treatment. The North American Industry Classification code for this industry is “621420". Forty-seven (47) of these 640 entities which are affected by the proposed rule, are operated by county governments. Twenty-five (25) of the affected entities are private non-profit corporations and would be considered small businesses [having fewer than 25 employees or not more than $5 million in revenue under s.
227.114 (1) Wis. Stats]. Expressed as a proportion, about 4 percent of the entities providing substance abuse health care and treatment in Wisconsin are affected by the proposed rule and are small businesses.
A sample of these industry code 621420 small businesses which assisted in the revision of these rules include the following (information provided by each agency):
Corporate Name
|
Location
|
Number of Employees
|
Annual Payroll
|
Addiction Resource Council
|
Waukesha, WI
|
23
|
$521,000
|
Arbor Place
|
Menomonie, WI
|
32
|
$617,000
|
Ashland Area Council on Alcoholism and Drug Abuse
|
Ashland, WI
|
6
|
$164,400
|
Impact Alcohol and Other Drug Abuse Services
|
Milwaukee, WI
|
70
|
$3,600,000
|
Racine Psychological Services
|
Racine, WI
|
14
|
$531,000
|
These revised rules have a direct impact on small business entities which the Department certifies and provides general oversight. None of the 25 small businesses affected by these rules will be exempt from meeting the proposed rule changes, however, after careful review, the Department does permit variances or waivers if warranted. The Department has determined that exempting any entity from compliance with ch.
HFS 62 or
HFS 75 would compromise the health and safety of individuals receiving OWI assessment services and would negatively affect the program's ability to reduce intoxicated driving and make Wisconsin's roads and highways safe. Data from the Department of Transportation show that under the current program, 75 to 86 percent of persons convicted of OWI do not reoffend in a five-year period after their OWI arrest. Since the program started in 1984, the adult rate of driving under the influence has dropped from 11 percent to 5 percent (Behavioral Risk Factor Survey, Department of Health and Family Services); alcohol-related traffic crashes declined 60 percent; injuries declined 40 percent; and fatalities declined 30 percent (Department of Transportation).
To diminish the impact of the rule changes on affected agencies including small businesses, a workgroup composed of representatives from the 47 county agencies and the 25 small businesses joined with Department staff to develop and approve each and every proposed rule revision. One of the principles adhered to in the development of the proposed rule revisions were that there be no increased costs. Two potential cost elements emerge in the revised rules. The first is a requirement for OWI assessor professionals to obtain six hours of continuing education each year. This is necessary to ensure a competent workforce in this statewide program that directly affects so many people and has public safety implications. To reduce the cost impact, the rule has been written in such a way as to allow continuing education hours obtained for professional licensure or certification to be used to fulfill the requirement under the proposed rule revision. Furthermore, the continuing education hours requirement may be satisfied through no-cost educational options such as agency inservices.
The second is a requirement that all OWI assessment agencies be approved by the state under ch.
HFS 75 (community substance abuse service standards). This requirement is necessary to protect the persons receiving services under the OWI program from abuses and ensure that minimum standards of agency practices are adhered. The Department will conduct on-site reviews to monitor compliance under ch.
HFS 75. There is a cost of $300 for this certification. Sixty (60) of the OWI assessment agencies affected by these rule revisions are currently certified under ch.
HFS 75 so there is no additional certification required and therefore no cost impact. Twelve of the remaining OWI assessment agencies had been certified under ch.
HFS 61 prior to the promulgation of ch.
HFS 75 in 2000. The “intervention" service under which these programs had been certified in 2000 is being restored under these proposed rules. While there is an increased cost of $300 per year for these 12 agencies under ch.
HFS 75, the advisory committee felt these costs were negligible. None of the potential cost elements increase agency operating costs by more than the 2004 Consumer Price Index of 2.7 percent nor decrease agency revenues by more than 2.7 percent.
As described previously, the principal purpose for the current revision of the rules was to incorporate endorsed and local agency-supported Department policy memos into ch.
HFS 62. One such policy has to do with the filing and processing of complaints or appeals by persons receiving OWI assessment services. In order to expedite any complaint or appeal, the rule specifies that each step in the process be completed within five working days or in a timely fashion. It is in the best interest of the assessment agency and the client to expedite this process. Since this schedule was already in effect under Department policy, it was strongly supported by the advisory committee. Another deadline for compliance includes the requirement that assessor professionals obtain six hours of continuing education within a 12-month time frame. This too was supported by the advisory committee because similar requirements are already in effect for professional credentialing.
There are two new reporting or documentation requirements under the proposed rule revisions. The first pertains to an evaluation report under the ch.
HFS 75 intervention service. This requirement will affect the 12 small businesses that will need to seek recertification under ch.
HFS 75. It is important for agencies to objectively self-evaluate in order to ensure that the program's stated purpose is being achieved and to determine where improvements are needed. This further provides documentation of accountability to an agency's board as well as the Department. This evaluation process and report is a standard requirement for all 640 state-certified substance abuse service agencies across the state. The advisory committee has determined that these activities and documentation are already part of their agency's current functions and therefore there are no new costs.
A second area of documentation that is new to the proposed rule revisions is a requirement that alternative education programs maintain files containing a written program description and instructor credentials, coursework, and driving record. These requirements will affect just three of the 72 OWI assessment agencies that also provide an alternative education program. These files and documents are necessary in order to ensure that the curriculum and format used is consistent with sound adult education principles and that instructors meet minimum requirements for professional competence. The advisory committee has determined that these requirements are already part of their agency's current functions and there are no new costs.
As presented previously, there are some pertinent performance indicators that are monitored by the Department and the Department of Transportation to assess the OWI program's overall performance. These indicators include persons reconvicted of OWI, the adult rate of driving under the influence, alcohol-related traffic crashes, injuries, and fatalities. Some of these data are available for individual counties and some are not. It would both be costly and unrealistic to expect individual OWI assessment agencies to gather this data and achieve improvements in any of these areas because they play only one part in the overall program. Law enforcement, the courts, technical colleges, businesses, and community norms play an equally important part in the program's overall success. Ensuring that evidence-based practices and approaches are implemented is the best way to achieve success and ensure humane and effective services to consumers. Scientific literature and experts in the field of highway safety and addiction rehabilitation are regularly consulted in order to keep abreast of the latest approaches for achieving success under this program. This information, approaches and practices are passed on to community agencies in the form of training, and in some cases, enacted law.
As such, there are no significant increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule. There are no new reporting requirements and no staff qualification or training requirements that would increase service costs substantially or create problems resulting in staff layoffs or difficulty recruiting qualified staff.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The intent of the proposed revisions to HFS 62, assessment of drivers with alcohol controlled substance problems, is to incorporate policies and procedures disseminated through departmental policy memos into the rules. These revised rules have a direct impact on business entities for which the department certifies and provides general oversight. Fifty-six of these entities are under the jurisdiction of county governments. Sixteen of these entities are private non-profit corporations providing various human services and would be considered small businesses. A workgroup composed of representatives from the 47 county agencies and the 25 small businesses worked with department staff to develop and approve each and every proposed revision. Two of the principles adhered to in the development of the proposed revisions were that there be no increased costs and no loss of revenue.
There are no increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the contact person listed below.
Contact Person
Gary Nelson, IDP Coordinator
DHFS – Bureau of Mental Health and Substance Abuse Services
1 West Wilson St., Rm. 437
P.O. Box 7851
Madison, WI 53707-7851
Phone: 608-267-7164
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
(reprinted and amended from the 4/30/06 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.62 (2) (d) 2. and
227.11 (2) (a), Stats., interpreting s.
30.62 (2) (b) and
(2) (d) 2. and
3., Stats., the Department of Natural Resources will hold public hearings on the creation of s.
NR 5.125 (1) (d), Wis. Adm. Code, relating to sound testing methods for airboats. Section
30.62 (2) (a), Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial trappers and fishers
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None
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:
Wednesday, May 24, 2006 at 11:00 a.m. until the conclusion of public comments
Sheriff's Dept. Basement, Crawford County Courthouse
220 N. Beaumont St.
Prairie du Chien
Wednesday, May 24, 2006 from 3:00 p.m. to 6:00 p.m.
Room 130, Todd Wehr Memorial Library
900 Viterbo Drive
La Crosse
[New Hearing Added]
Thursday, June 1, 2006 at 10:00 a.m.
Room 613, GEF 2
101 S. Webster St.
Madison
Thursday, June 1, 2006 at
Teleconference participation will be available at:
Room 311, Wisconsin Indianhead Technical College
2100 Beaser Avenue
Ashland
2:00 p.m. until the conclusion of public comments.
Room 116B, Forest R. Polk Library
UW-Oshkosh
800 Algoma Blvd.
Oshkosh
3:00 p.m. until the conclusion of public comments
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Engfer at (608) 266-0859 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
If the new testing procedure is passed the public will expect law enforcement agencies who do boating enforcement to enforce this law on prop driven type boats within their jurisdiction. While this will increase the workload of these agencies, it is anticipated that the increase workload will be minimal and can be accomplished in the daily operations of these patrols.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. William Engfer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 9, 2006. 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. Engfer.
Notice of Hearing
Public Service Commission
Hearing Date: Wednesday, June 7, 2006 at 10:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
Comments Due: Tuesday, June 13, 2006 – Noon
FAX Due: Monday, June 12, 2006 – Noon
Address comments to:
Sandra Paske, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Public Service Commission of Wisconsin adopts an order to repeal ch.
PSC 7, 8.07 (8) to (10) and (12), 104.01 (1), 115.02 (2), 133.01 (1), 136.01 (1), 136.04 (1) (a), (g) and (j), 165.01 (1), 165.081 (6) (c), 166.03, 168.08, ch.
170, 171.03 (2), 171.05, the note following 171.10 (2), and ch.
172; to renumber PSC 115.02 (1), 134.13 (1) (a) 1. to 15. and 134.13 (1) (b) to (j), and 171.03 (1) (intro.) and (a) to (f); to renumber and amend
PSC 115.02 (1) (a) to (e); to amend PSC 104.04 (4), 113.0301 (10) (c) 4., 134.13 (1) (a) (intro.), 136.04 (1) (b) to (f), (h) and (i), 164.01, 166.015, 166.07, 166.11; and to create PSC 134.13 (1) (a) 1. to 7. and 134.13 (b) (intro.); relating to assessments attributable to acid deposition studies and monitoring activities, the regulation of certain wireless telecommunications providers, radio common carriers, the repeal of obsolete language and the updating of rule language to be in conformity with current drafting conventions.
Analysis Prepared by the Public Service Commission
