The rules of two boards specify that hearsay evidence may be used to supplement or explain direct evidence, but is insufficient to support a finding in itself, unless the hearsay would be admissible over objection in a civil action. See Minn. R. 5601.3145 [Board of Physical Therapy] and Minn. R. 5615.0900 subp. 3 [Board of Medical Practice].
Summary of Factual Data and Analytical Methodologies
The proposed rule is based on logical analysis of the evidentiary issues that can arise under the administrative appeal process as well as many years of experience with evidence offered in such hearings.
Analysis to Determine Effect on Small Business or in Preparation of Economic Impact Report
This rule-making affects only administrative hearings before the Employee Trust Funds Board and four other Boards attached to the DETF. The parties to such hearings are governmental employees affected by determinations made by the DETF in administering the pension, insurance and other fringe benefit plans under ch.
40, Stats. their beneficiaries and sometimes the governmental agencies that employ them. Third party administrators contracted by the DETF or Boards to assist in the administration of particular benefit plans may sometimes participate as parties, if they wish. However, such third-party administrators do not now, and have not in the past, met the definition of a “small business" in s.
227.114 (1), Stats.
Anticipated Costs Incurred by Private Sector
None.
Effect on Small Business
No effect
Agency Contact Person
Please direct any questions about the proposed rule to Robert Weber, Chief Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707. Telephone: (608) 266-5804. E-mail address:
rob.weber@etf.state.wi.us.
Submission of and Deadline for Comments
Written comments on the proposed rule may be submitted to Robert Weber, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 PM on Friday, August 10, 2007.
Initial Regulatory Flexibility Analysis
The proposed rule has no effect on small businesses.
Fiscal Estimate
The proposed rule is expected to have no fiscal effect on any county, city, village, town, school district, technical college district or sewerage district. Although such governmental entities may appear as parties in the administrative appeals affected by this rule, they remain free to present their evidence in those administrative appeals in exactly the same manner as at present. It is possible that the rule will enable some limited savings if evidence can be presented in the form of corroborated, or otherwise reliable, hearsay rather than through, for example, expert testimony.
Free Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707-7931, telephone (608) 266-1071.
Notice of Hearing
Funeral Directors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Funeral Directors Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
445.03, Stats., and interpreting s.
445.06, Stats., the Funeral Directors Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
FD 4.04 (1) (intro.); and to create s.
FD 4.04 (8), relating to continuing education requirements.
Hearing Date, Time and Location
Date: August 7, 2007
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
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 the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 8, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
Statutes Interpreted:
Section
445.06, Stats.
Related Statute or Rule: There are no other statutes or rules other than those listed above.
Explanation of Agency Authority: The Funeral Directors Examining Board is authorized to promulgate rules relating to continuing education under s.
445.03, Stats.
Plain Language Analysis
This proposed rule-making order relates to continuing education requirements for funeral directors. Licensed funeral directors are required to complete 15 hours of continuing education during each 2-year licensure period. The modifications to the existing continuing education rules will enable funeral directors to take a wider selection of courses from certain recognized providers without also having to go through the course approval process.
SECTION 1 adds an exception to the existing continuing education rules for licensed funeral directors which will permit licensees to obtain continuing education credits from certain recognized entities.
SECTION 2 adds another acceptable means for obtaining continuing education. Under this provision, funeral directors may take continuing education courses from one of these recognized providers without having to go through the formal course approval process.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with Rules in Adjacent States
Illinois: Twelve hours of continuing education are required every two years. Attendance at programs that are sponsored by accredited colleges or universities and several local, state, and national associations and meet certain criteria is acceptable continuing education by rule and does not need preapproval. Sponsors are required to fill out an application that states that they are meeting all required criteria. Rules can be viewed by going to the Illinois Department of Financial & Professional Regulation Division of Professional Regulation at
http://www.idfpr.com/dpr/default.asp, click on Funeral Director and then Funeral Director Rules.
Michigan: Continuing education is not required in Michigan. Rules can be viewed by going to the Department of Labor & Economic Growth at
http://www.michigan. gov/cis, click on Commercial Services & Corporations and then Licensing Services, followed by Funeral Directors, then Administrative Rules.
Minnesota: Twelve hours of continuing education are required every two years. Rules specifically state that the “commissioner may, upon presentation of an appropriate program of continuing education developed by the Minnesota Funeral Directors Association, require continuing education hours for renewal of a license to practice mortuary science." Rules can be viewed by going to the Minnesota Department of Public Health Mortuary Science Section at
http://www.health.state.mn.us/divs/hpsc/mortsci/, click on Regulations.
Iowa: Twenty-four hours of continuing education are required every two years. Attendance at programs that are sponsored by state or national funeral associations that meets certain criteria is acceptable continuing education by rule and does not need preapproval. Rules can be viewed by going to the Iowa Department of Public Health at
http://idph.state.ia.us/licensure/default.asp, click on Mortuary Science Board and then Continuing Education.
Summary of Factual Data and Analytical Methodologies
No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.
Analysis to Determine Effect on Small Business or in Preparation of Economic Impact Report
The proposed rules would allow certain continuing education course providers to receive pre-approval from the board rather than have to submit each course for approval. There are 1313 funeral directors licensed in Wisconsin. Of the 1313 funeral directors, a significant percentage of them probably work in small business. This rule change will have a minimal, if any, effect on small business. The proposed rules would make it easier for certain providers to obtain approval for continuing education. Also, it may make it more likely that a course will receive board approval and a licensee will receive their continuing education credit as some providers will no longer have to affirmatively submit their course for approval.
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 for Private Sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
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
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.
Submission of and Deadline for Comments
Comments may be submitted 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 August 8, 2007 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. FD 4.04 (1) (intro.) is amended to read:
FD 4.04 Approval of continuing education programs. (1) (intro.) To Except as provided in sub. (8), to obtain approval of a continuing education program, the program provider shall submit an application to the board on a form provided by the board which shall include:
SECTION 2. FD 4.04 (8) is created to read:
FD 4.04 (8) A continuing education course sponsored by a national, international, state or regional funeral director's association, or an educational institution accredited by the American Board of Funeral Service Education or otherwise deemed to be equivalent by the board, which satisfies the criteria established in sub. (1) and s.
FD 4.405, shall be approved by the board without receipt of a course approval application from the program provider.
Notice of Hearings
Natural Resources
(Environmental Protection - General,
Chs.
NR 100—)
(Reprinted and amended from 6/30/07
Wis. Adm. Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
59.692,
227.11(2)(a) and
281.31, Stats., interpreting ss.
59.69,
59.692,
59.694 and
281.31, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances. Major provisions of the proposed rule include changes to vegetation management in the primary shoreland buffer and changes to regulation of nonconforming structures. New requirements include minimum lot size and density requirements for multi-unit residential development, mobile home parks and campgrounds; two formulas to calculate reduced shoreland setbacks; an impervious surface standard; and mitigation standards. The proposals include:
Land Division Review – NR 115.09
1. The requirement for land division review is changed from the creation of “3 or more lots" to the creation of “one or more lots" to ensure that all new lots created meet minimum lot size requirements.
2. If new lots are created that are divided by a stream or river, one side of the lot shall have a compliant building location.
Lot Size and Development Density – NR 115.11
1. Minimum lot size and density standards have changed eliminating a distinction between sewered and unsewered areas. The new minimum lot size for all lots created after the effective date of the rule is 20,000 square feet and 100 feet of width at the building setback and ordinary high water mark. Counties may allow development on a substandard lot.
2. Counties are required to develop minimum area or lot size requirements for multi-family residential structures, mobile home parks and campgrounds.
3. Counties may request the approval of standards for alternative forms of development with reduced lot sizes for planned unit developments, cluster developments, conservation subdivisions and other similar alternative forms of development if they include larger shoreland buffers, larger lot sizes or larger setbacks on those lots adjacent to the water.
Shoreland Setback – NR 115.13
1. Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.
2. Provisions are added to allow counties to exempt structures from the shoreland setback if they meet certain requirements outlined in s.
NR 115.13(4).
3. The construction of new dry boathouses is still exempted; however, a size limit of 250 square feet has been added to the rule.
4. Standards are established to qualify a lot for a reduced setback if there is not a compliant building location.
Height Requirements – NR 115.15
1. A new section on structure height was added to protect and preserve the natural scenic beauty of lake and riverine environments.
Shoreland Vegetation and Buffers – NR 115.17
1. Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protecting habitat and water quality.
2. Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if they are exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but removed trees and shrubbery must be replaced.
3. Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.
4. A formula for the width of access corridors is provided, replacing the “30 feet in any 100 feet" provision, which was confusing if a lot had less than 100 feet of frontage. A second formula for lots with greater than 200 feet of frontage was also added to address larger developments adjacent to the water.
