Rule-Making Notices (Hearing Notices)

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, July 5, 2006 at 7:00 p.m.

Video conference participation will be available at:

Room MAC137, UW-Green Bay

2420 Nicolet Drive

Green Bay

Room 227, Pyle Center

702 Langdon Street

Madison

Room 220, UW-Wausau

518 South 7th Avenue

Wausau

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 Dr. Andrea Diss Torrance at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This rule regulates the movement of firewood into department properties to reduce the risk of introduction and spread of emerald ash borer (EAB) and other invasive pests and diseases of trees. This rule would prohibit firewood from sources greater than 50 miles from the campground or from outside the boundaries of the state of Wisconsin from entering Department properties. Firewood from sources approved by the WI DATCP would be allowable. Workload to institute this rule includes:

• development of criteria for allowable firewood with DATCP;

• asking if firewood is being brought into the campsite and from where during the check in process;

• confiscating and destroying prohibited firewood, estimated increase in LTE costs of $1,050 (1 hour per day, 7 days per week for 15 weeks) annually for 8 major state parks = $8,400 (the Department will have a better estimate of this workload later in the summer of 2006 with the implementation of the emergency rule and the results of a survey of instate campers on their transport of firewood);

• working with local firewood dealers to ensure supplies of safe, affordable firewood at campgrounds; and

• communicating the new rule and reasons for it.

There are no estimated fiscal effects on county, city, village, town, school district, technical college district or sewerage districts from these rules. We do not anticipate significant costs to the private sector from this rule.

There are no estimated long-term fiscal impacts associated with the rule. Expenses associated with public education and information will be concentrated in the first 2 years of the program. After 3-4 years it is anticipated the public will have received the message and costs for notification will decrease.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 10, 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 Dr. Diss Torrance.

Notice of Hearing

Regulation and Licensing

[CR 06-060]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs. RL 164 and 165 relating to a code of conduct and renewal requirements for substance abuse professionals.

Hearing Date, Time and Location

Date:   June 27, 2006

Time:   9:00 A.M.

Location:   1400 East Washington Avenue

(Enter at 55 North Dickinson Street)

Room 122

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, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted:

Section 440.88, Stats.

Statutory authority:

Section 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats.

Explanation of agency authority:

The Department of Regulation and Licensing has the authority under s. 440.88 (3), Stats., which was created as s. 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.

Related statute or rule:

Subchapter VII of chapter 440, Stats.

Plain language analysis:

2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective January 1, 2006. This proposed rule-making order creates rules relating to requirements for renewal, as well as the bases for discipline for substance abuse counselors, clinical supervisors and prevention specialists.

SECTION 1 defines “department" and “substance abuse professional" and as well establishes a uniform definition of unprofessional conduct for all substance abuse professionals certified by the Department of Regulation and Licensing.

SECTION 2 establishes the authority granted to the department (as the credentialing authority for substance abuse professionals) by Wis. Stat. § 440.08 (3) (b), to impose additional requirements for renewals 5 years after expiration of a certificate, in order to assure competency of the applicant.

Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.

Summary of factual data and analytical methodologies: In preparation of ch. RL 164, department staff reviewed the existing practice standards of the Wisconsin Certification Board [“WCB"] and compared them to definitions of unprofessional conduct found for health care professions affiliated with the department. WCB had separate codes of conduct for each certification category, and staff consolidated them into one code, utilizing standard Department of Regulation and Licensing terms and phraseology. The draft was submitted for comment within the department and then routed to the Substance Abuse Advisory Committee. The Committee approved the language as drafted.

Department staff based ch. RL 165 on existing code provisions. The rule effectuates the intent of Wis. Stat. § 440.08 (3) (b), which requires a credentialing authority to promulgate rules to require completion of additional requirements establishing competency for the holder of a credential who fails to renew his or her credential within 5 years after its renewal date.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule represents a codification of existing standards for use by the Department of Regulation and Licensing. As this codification does not represent any significant change in the standards of unprofessional conduct, no effect on small businesses or economic impact is anticipated.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate

These rules implement the regulation of substance abuse professionals as enacted by 2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by 2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.

Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] or by calling [phone].

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: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to [e-mail]. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.

Notice of Hearing

Regulation and Licensing

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order on emergency rules to create chs. RL 164 and 165, relating to a code of conduct and renewal requirements for substance abuse professionals.

Hearing Date, Time and Location

Date:   June 27, 2006

Time:   9:00 A.M.

Location:   1400 East Washington Avenue

(Enter at 55 North Dickinson Street)

Room 122

Madison, Wisconsin

Appearance 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, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: Stats. s. 440.88.

Statutory authority: Wis. Stats. ss. 227.11 (2) and 440.88 (3), which was created as Wis. Stats. s. 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under Wis. Stats. s. 13.93 (1) (b).

Explanation of agency authority: The Department of Regulation and Licensing has the authority under Wis. Stat. § 440.88 (3), which was created as Wis. Stat. § 440.75 by 2005 Wisconsin Act 25, section 9421 (10q) and renumbered by the revisor under Wis. Stat. § 13.93 (1) (b), to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.

Related statute or rule: Subchapter VII of chapter 440, Stats.

Plain language analysis: The purpose of this emergency rule is to create a code of conduct to facilitate assumption of disciplinary proceedings as part of the transfer of the regulation of substance abuse professionals from the Department of Health and Family Services to the Department of Regulation and Licensing. The emergency rule also sets forth the requirements for renewal.

The Department of Regulation and Licensing must promulgate this emergency rule for the period before the effective date of the permanent rules as promulgated under Wis. Stat. § 440.88 (3). Under the previous regulatory scheme, the Department of Health and Family Services and the Wisconsin Certification Board had established a code of conduct and restrictions on late renewals. This emergency rule continues the applicability of the rules until the department, with the advice of the Advisory Committee, can establish permanent rules.

Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Summary of factual data and analytical methodologies: The profession of substance abuse treatment providers had previously been regulated by the Department of Health and Family Services through a delegation to the Wisconsin Certification Board. A code of conduct and rules for renewal existed under that regulatory scheme. This emergency rule merely continues that regulatory scheme until the department can promulgate permanent rules under the advice of the advisory committee as contemplated by 2005 Wisconsin Act 25.

Fiscal Estimate

These rules implement the regulation of substance abuse professionals as enacted by 2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by 2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.

Anticipated costs incurred by private sector: 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 small businesses, as defined in Wis. Stat. § 227.114 (1). This rule does not create any new or different restrictions on substance abuse counselors practicing in a small business setting. Such counselors previously were required to comply with a code of conduct substantially similar in content and were subject to a restriction on late renewal of credentials. This rule maintains that oversight during the transfer of regulation to the Department of Regulation and Licensing without adding new or additional restrictions.