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 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
Notice of Hearings
Natural Resources
(Environmental Protection - air Pollution Control)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., interpreting ss. 285.11 (6), 285.60 (5m) and 285.69 (1d), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 406 and 410, Wis. Adm. Code, relating to construction permit waiver requests from air contaminant sources. The State Implementation Plan developed under s. 285.11 (6), Stats., is revised. Section 285.60 (5m), Stats., as created by 2003 Wisconsin Act 118) requires the Department, by rule, to allow sources who file an air pollution control construction permit application to request a construction permit waiver under certain circumstances. Construction permit waivers would allow a facility to start on-site preparation, including, but not limited to, site clearing, grading, dredging or landfilling prior to receiving a construction permit when necessary to avoid undue hardship. The Department must act on the waiver request within 15 days of receipt of the request. There is a $300 non-refundable fee associated with filing a waiver request.
Section NR 406.03 (2) contains criteria for allowing a facility to obtain a commence construction waiver. The facility must first submit a complete construction permit application and a waiver request. Section NR 410.03 (1) (bm) establishes the fee.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: All air pollution sources that have a permit or are required to obtain a construction permit, except for those sources that need an air construction permit under federal law.
b. Description of reporting and bookkeeping procedures required: No additional reporting or bookkeeping requirements are created.
c. Description of professional skills required: No additional skills are required.
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
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 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 contact Robert Eckdale at (608) 266-2856 or by e-mail at Robert.Eckdale@dnr.state.wi.us with specific information on your request at least 10 days before the date of the scheduled hearing.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, August 7, 2006 at 1:00 p.m.
Pinery Room, Portage County Library
1001 Main Street
Stevens Point
Tuesday, August 8, 2006 at 1:00 p.m.
Room 609, GEF #2 State Office Building
101 South Webster Street
Madison
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search the Web site using the Natural Resources Board Order number AM-08-06.) Written comments on the proposed rule may also be submitted via U.S. mail to Mr. Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Joseph.Brehm@dnr.state.wi.us. Comments may be submitted until August 18, 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. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Robert Eckdale, (608) 266-2856, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 343.14 (2) (er), 343.17 (3), 343.20 (1m) and 343.50 (5) and (6), Stats., and interpreting s. 343.14 (2) (er), Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 3rd day of August, 2006, at 1:00 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to operator's licenses and identification cards.
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.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: s. 343.14 (2) (er), Stats.
Statutory authority: ss. 343.14 (2) (er), 343.17 (3), 343.20 (1m) and 343.50 (5) and (6), Stats.
Explanation of agency authority: 2005 Wisconsin Act 126 requires that a person applying for a driver's license or identification card provide documentary proof of citizenship or legal presence in the United States.
Related statute or rule: ss. 343.06, 343.14 and 343.20, Stats.
Plain language analysis: 2005 Wisconsin Act 126 requires all persons applying for an original, reissue, reinstatement, renewal or duplicate Wisconsin driver's license or identification card on or after April 1, 2007 to show documentary proof of citizenship or legal presence in this country. Currently, applicants for a driver's license or identification card are required to show proof of identity, name and date of birth, and residency. 2005 Wisconsin Act 126 also requires operator's licenses and identification cards to expire on the date the person's legal presence in the United States is no longer authorized. This rule implements these expiration dates.
Summary of, and preliminary comparison with, existing or proposed federal regulation: This proposed rule making moves Wisconsin towards compliance with the legal presence requirements of the federal REAL ID Act, which takes effect May 11, 2008.
Comparison with Rules in Adjacent States:
Michigan: No legal presence requirement.
Minnesota: Legal presence required.
Illinois: Legal presence required.
Iowa: Legal presence required.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Not applicable.
Analysis and supporting documentation used to determine effect on small businesses: Some small businesses may be affected, if their employees who are not U.S. citizens do not have legal presence and consequently lose their driving privileges and require driving privileges to attend or perform their jobs. These costs are indeterminable.
Effect on small business: Indeterminable. 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: Costs incurred by the private sector is indeterminable. This rule does not directly affect business but may affect the work force. 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 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 Erin Egan, Department of Transportation, Bureau of Driver Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Egan by phone at (608) 266-1449.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
University of Wisconsin System
NOTICE IS HEREBY GIVEN that pursuant to ss. 36.09 (1), 36.11 (1) and 36.13 (3), Stats., the Board of Regents of the University of Wisconsin System will hold a public hearing in Room 1820 Van Hise Hall, 1220 Linden Drive, in the City of Madison, Wisconsin on August 2, 2006 at 9:00 a.m. to consider the creation of rules relating to the dismissal of faculty and academic staff in special cases. Persons with disabilities requesting an accommodation to attend are asked to contact Judith Temby in advance of the hearing at (608) 262-2324.
Analysis prepared by the Board of Regents of the University of Wisconsin System.
Statutes interpreted: Sections 36.09 (1), 36.11 (1) and 36.13 (3), Stats.
Statutory authority: Sections 36.09 (1), 36.11 (1) and 36.13 (3), Stats.
Explanation of agency authority: The Board of Regents of the University of Wisconsin System has the authority under Sections 36.09 (1), 36.11 (1) and 36.13 (3), Stats., to issue rules for the dismissal of faculty and academic staff members.
Related statute or rule: Current Wis. Admin. Code chs. UWS 4 and UWS 11.
Plain language analysis: The purpose of the proposed rules is to add provisions to Board rules regarding dismissal of faculty and academic staff to deal specifically with circumstances in which faculty and academic staff members have engaged in serious criminal misconduct, a category of just cause under the rule. The proposed rules would define serious criminal misconduct, provide protection for constitutionally-protected conduct, expression, or beliefs, and assure adequate due process in the dismissal proceedings.
SECTION 1 amends s. UWS 2.02 to provide that rules and procedures developed pursuant to ch. UWS 7 by the faculty of each institution shall be forwarded by the chancellor to the president and by the president to the board for its approval prior to their taking effect.
SECTION 2 creates ch. UWS 7 relating to dismissal of university faculty members who engage in serious criminal misconduct. SECTION 2 also defines “serious criminal misconduct", and provides that constitutionally-protected conduct, expression, or belief do not constitute serious criminal misconduct. SECTION 2 establishes expedited procedures for investigation and dismissal of faculty members who engage in serious criminal misconduct. SECTION 2 provides that a chancellor, after consultation with appropriate faculty governance representatives, may suspend a faculty member from duties without pay pending the final decision as to his or her dismissal in appropriate circumstances.
SECTIONS 3 AND 4 amend ch. UWS 11 to provide that just cause for dismissal of members of the academic staff includes “serious criminal misconduct" as defined in SECTION 5.
SECTION 5 amends ch. UWS 11 to provide for dismissal of members of the academic staff who engage in serious criminal misconduct. SECTION 5 also defines “serious criminal misconduct", and provides that constitutionally-protected conduct, expression, or belief do not constitute serious criminal misconduct. SECTION 5 establishes expedited procedures for investigation and dismissal of members of the academic staff who engage in serious criminal misconduct. SECTION 5 provides that a chancellor, after consultation with appropriate academic staff governance representatives, may suspend a faculty member from duties without pay pending the final decision as to his or her dismissal in appropriate circumstances.
Copies of the text of the rule may be obtained at no charge from the Office of the Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706.
Summary of, and comparison with, existing or proposed federal regulations: There is no existing or proposed federal regulation for summary and comparison.
Comparison with rules in adjacent states. There are no corresponding rules in adjacent states for comparison.
Summary of factual data and analytical methodologies: There were no factual data or analytical methodologies used to develop the proposed rules.
Analysis and supporting documents used to determine effect on small business: The proposed rules affect only faculty and academic staff of the University of Wisconsin System. They have no effect on small business.
Effect on small business: The proposed rules will have no effect on small business.
Fiscal estimate
The proposed rules will have no fiscal effect.
Agency contact person
Christopher L. Ashley, Senior System Legal Counsel, University of Wisconsin System Administration, 1808 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706. Telephone: (608) 262-3662. Email: cashley@uwsa.edu.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to: Christopher L. Ashley, Senior System Legal Counsel, University of Wisconsin System Administration, 1808 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706. Email to cashley@uwsa.edu. The deadline for written comments to the Board is 4:30 p.m. on September 29, 2006.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.