Statutory authority
Statute interpreted
Explanation of agency authority
DATCP has broad general authority under s.
93.07 (1), Stats., to adopt rules needed to interpret and implement laws under its jurisdiction. Under s.
97.41, Stats., DATCP may contract with local agents to license retail food establishments for DATCP. DATCP may set standards for local agents, and may spell out procedures for evaluating local agents. Subject to statutory limits, DATCP may require local agents to pay fees to compensate DATCP for training, evaluation and other services provided to local agents.
Background
DATCP licenses and inspects retail food establishments such as groceries, convenience stores and retail bakeries. DATCP may contract with local agents to license and inspect retail food establishments for DATCP. Local participation is voluntary. A local agent may set its own license fees, which may be higher (and typically are higher) than state fees. A retail food establishment licensed by a local agent does not need to be licensed by DATCP.
The local agent program is growing. DATCP currently contracts with 37 local agents (there were 21 local agents in 2000). DATCP trains, monitors and assists local agent staff, establishes performance standards, and evaluates the consistency and adequacy of local performance.
Local agents must pay an annual fee to compensate DATCP for its costs to train, evaluate and assist local agents. The fee is based on the number of retail food licenses issued by the local agent. The per-license fee is calculated as a percentage of the state retail food license fee, even if the local agent chooses to charge a higher license fee. The statutes authorize DATCP to charge up to 20% of the state license fee. DATCP originally charged a 20% fee, but in 2000 reduced the fee to 10%.
The current 10% fee is not adequate to cover DATCP costs. At the current rate, DATCP recovers only about half of its costs to train, evaluate and assist local agents. The current inadequate fee, combined with growing local participation, has produced a substantial DATCP budget deficit. In FY 2006-07, DATCP collected only $58,800 in fees from local agents, but incurred local agent costs of $117,800.
Rule contents
Local Agent Fees. This rule increases fees paid by local agents, to compensate DATCP for services provided to local agents. This rule increases the fee to 20% (currently 10%) of the state license fee amount. DATCP projects that the higher fee will generate adequate revenue to cover (but not exceed) DATCP's actual and reasonable costs as allowed by statute. Local agents may adjust their license fees to pass on the increased cost, if they wish to do so. Local agents may also opt out of the program at any time.
Local Agent Personnel; Credentials. Under current rules, local retail food inspections must be performed or supervised by public health sanitarians registered by the Wisconsin department of regulation and licensing. Under this rule, inspections may alternatively be performed or supervised by environmental health specialists registered by the national environmental health association.
Evaluation of Local Agents. Under current rules, DATCP must annually evaluate local agent performance. This rule changes the standards that DATCP uses, so that the standards more nearly conform to federal guidelines established by the United States food and drug administration (FDA). Under this rule, an annual evaluation may be based in part on a local agent self-assessment. The self-assessment must be conducted according to procedures spelled out in the agent agreement (procedures are generally based on the FDA guidelines).
At least once every 3 years, DATCP must conduct an on-site evaluation to determine local compliance with applicable laws and rules. Under current rules, the 3-year evaluation must include a survey inspection of randomly selected retail food establishments. Under this rule, a 3-year evaluation may include, but is not required to include, a survey inspection of retail food establishments.
Under this rule, in lieu of performing its own 3-year evaluation, DATCP may accept an equivalent evaluation performed by the Wisconsin department of health and family services (DHFS) pursuant to a cooperative agreement with DATCP (DHFS currently evaluates local agents that license and inspect restaurants for DHFS). An agreement could also provide for reciprocal DATCP evaluation of DHFS local agents, so that the 2 agencies could minimize duplication and maximize evaluation efficiency. There is no cooperative agreement at this time.
Comparison with adjacent states
Michigan. Michigan does not contract with local governments to conduct inspections.
Minnesota. Minnesota contracts with a few local health agencies to conduct retail food inspections. There is no fee to cover state oversight costs (oversight activities are covered by state general purpose revenue appropriations). Minnesota evaluates local agents according to FDA standards.
Illinois. Illinois delegates all retail food licensing and inspection authority to local government. There is no fee to cover state oversight costs (oversight activities are covered by state general purpose revenue appropriations). Illinois evaluates local agents according to FDA standards.
Iowa. Iowa contracts with local government to license and inspect retail food establishments. Iowa does not routinely evaluate local performance, but does occasional audits. There is no fee to cover state oversight costs (oversight activities, such as they are, are covered by state general purpose revenue appropriations). When Iowa does review local performance, it does so according to FDA standards.
Business Impact
This rule increases the fee that local governments must pay for services received from DATCP. Local governments may increase retail food license fees to cover the increased cost, but they are not required to do so. If a local agent passes on the full amount of its increased cost to retail license holders, the added cost allocated to each license holder may range from $4 to $56 per year per license holder. The actual amount will depend on the license holder's annual sales and food processing activities. This rule does not impose any additional recordkeeping or other requirements on retail food establishments.
Fiscal Estimate
This rule will increase DATCP revenues to cover (but not exceed) DATCP's actual and reasonable costs to administer the local agent program. Under current rules, DATCP annually collects $58,800 per year from all of its local agents. Under this rule, revenues will increase by $58,800 per year so that DATCP will receive approximately $117,600 per year. That is the approximate amount needed to cover DATCP's current annual cost of $117,800.
Under this rule, the 37 local agents will incur combined added costs of $58,800 per year, or an average of just under $1,600 per local agent. The local agent program is voluntary, so local governments may opt out of the program at any time. Local agents may also recover the increased cost by increasing retail food license fees, but they are not required to do so.
Notice of Hearing
Employment Relations Commission
NOTICE IS HEREBY GIVEN
that pursuant to ss.
111.09,
111.71,
111.94,
227.11 and
227.24, Stats., and interpreting ss.
111.09,
111.71, and
111.94, Stats., the Wisconsin Employment Relations Commission will hold a public hearing in the Commission's Conference Room at 18 South Thornton Avenue in the City of Madison, Wisconsin on the
12th day of November, 2007 at 1:00 p.m. and in the Wausau Room, Marathon County Public Library, 300 North First Street, in the City of Wausau, Wisconsin on the
13th day of November, 2007 regarding the Commission's promulgation of the following emergency rules increasing filing fees and the Commission's proposed promulgation of the following permanent administrative rules increasing filing fees.
The Commission invites the public to attend the hearings and to present verbal and/or written comments regarding the emergency rules and the proposed permanent rules. In addition to or instead of verbal testimony, written comments can also be sent directly to the Commission at
werc@werc.state.wi.us or at Wisconsin Employment Relations Commission, P.O. Box 7870, Madison, Wisconsin 53707-7870. Written comments should be received by the Commission on or before November 30, 2007.
Text of Rule
ERC 10.08 Fee schedule. (1)
Complaints. For a complaint alleging that a prohibited practice has been committed under s.
111.70 (3), Stats., the complaining party or parties shall pay the commission a filing fee of
$80. $100.
(2)
Grievance arbitration. For a request that the commission or its staff act as a grievance arbitrator under s.
111.70 (4) (c) 2., or
(cm) 4., Stats., the parties to the dispute shall each pay the commission a filing fee of
$250. $400.
(3)
Mediation. For a request that the commission or its staff act as a mediator under s.
111.70 (4) (c) 1. or
(cm) 3., Stats., the parties to the dispute shall each pay the commission a filing fee of
$250. $400.
(4)
Fact-finding. For a request that the commission initiate fact-finding under s.
111.70 (4) (c) 3., Stats., the parties to the dispute shall each pay the commission a filing fee of
$250, $400, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid for the fact-finding.
(5)
Interest arbitration. For a request that the commission initiate interest arbitration under s.
111.70 (4) (cm) 6.,
(4) (jm) or
111.77 (3), Stats., the parties to the dispute shall each pay the commission a filing fee of
$250,
$400, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid for the arbitration
.
Analysis Prepared by the Wisconsin Employment Relations Commission
The emergency rules and the proposed permanent rules provide the increased filing fee program revenue needed to support 5.0 Program Revenue attorney positions.
Initial Regulatory Flexibility Analysis
Small businesses rarely use those Commission services (grievance arbitration, mediation, and unfair labor practice complaints) impacted by the increase in filing fees. The occasional impact on small business of the fee increase will be limited to payment of the employer share of the increased fees for grievance arbitration and mediation (increase of $150 for total of $400) or the payment of the increased fee for filing an unfair labor practice complaint (increase of $20 for total of $100). Compliance with the emergency rules and the proposed permanent rules does not require any reporting, bookkeeping or professional skills.
Fiscal Estimate
During the last four fiscal years, WERC has averaged $381,400 in filing fee revenue.
WERC estimates that increasing the existing filing fee levels will produce some reduction in the requests for WERC fee-related services but produce an additional $167,800 in fee revenues annually.
Because the vast majority of filing fee revenue is derived from services for which the union and employer each pay 50% of the fee and because the vast majority of the WERC's fee-related services are provided to public sector employers and the unions representing their employees, WERC anticipates that doubling the existing fees will increase the aggregate costs of public sector employers by $84,000 annually and will have a negligible cost impact on private sector employers.
Contact Persons
Judith Neumann, Chair
WERC
P.O. Box 7870
Madison, WI 53707-7870
(608) 266-0166
Peter G. Davis, General Counsel
WERC
P.O. Box 7870
Madison, WI 53707-7870
(608) 266-2993
Notice of Hearings
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11,
252.02 (4) and
(7),
254.51 (3), and
900.01 (5g), Stats., and interpreting Ch.
252 and ss.
254.04 and
254.51, Stats., the Wisconsin Department of Health and Family Services proposes to revise ch.
HFS 145, relating to communicable disease list revisions and reporting communicable diseases, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
November 12, 2007
3:00 to 5:00 PM
|
Dept. of Health and Family Services
1 W. Wilson St., Rm B155
Madison, WI
|
November 13, 2007
2:00 to 4:00 PM
|
Lakeview Professional Plaza
1200 Lake View Drive
First Floor Dining Room
Wausau, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on
November 20, 2007.
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 person listed below.
Contact Person
Marjorie Hurie
Department of Health and Family Services
Division of Public Health
Bureau of Communicable Diseases and Preparedness
1 W. Wilson St., RM 318
PO Box 2659
Madison, WI 53701-2659
608-264-9892
1-888-701-1253 (TTY)
Analysis Prepared by the Department of Health and Family Services
The Department is authorized by s.
990.01 (5g), Stats., to define communicable diseases by rule and by s.
252.02 (1), Stats., to establish surveillance systems for communicable diseases. The Department's surveillance system requires medical providers, health care facilities and laboratories to report the communicable diseases listed in ch.
HFS 145 Appendix A to the local health officer or the state epidemiologist. At the national level, the Council of State and Territorial Epidemiologists (CSTE) recommends reportable diseases by adding them to the list of Nationally Notifiable Infectious Diseases (NNID). The diseases CSTE places under surveillance are typically novel pathogens or those with severe manifestations whose transmission is amenable to control by public health measures. States are encouraged to establish parallel reporting requirements. Accordingly, the Department proposes to add the following six NNID listed diseases to ch.
HFS 145 Appendix A:
1. Influenza-associated pediatric deaths
2. Influenza A virus infection, novel subtypes
3. Poliovirus infection, nonparalytic
4. Severe Acute Respiratory Syndrome-associated Coronavirus (SARS-CoV)
5. Vancomycin-intermediate Staphylococcus aureus (VISA) infections and Vancomycin-resistant Staphylococcus aureus (VRSA) infections
6. Vibriosis
Additionally, the Department proposes to add the following three diseases which are not on the NNID list to ch.
HFS 145 Appendix A:
