Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 8F, State Office Building
101 E. Wilson Street
Madison
Conference Rm. 3, DNR Regional Hdqrs.
107 Sutliff Avenue
Rhinelander
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeff Barkley at (608) 264-9217 with specific information on your request at least 10 days before the date of the scheduled hearing.
Agency Contact Person, Submission of Comments, and Copies of Proposed Rule
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 proposed rule may be submitted via U.S. mail to Mr. Jeff Barkley, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 17, 2008. 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. Barkley.
Analysis Prepared by Dept. of Natural Resources
The amendment of s.
28.11 (5m), Stats., in the recent budget necessitates changes to s.
NR 47.70, Wis. Adm. Code, to implement the statutory change to the county forest administration grant program. The change makes eligible for cost-sharing a county's dues to a non-profit organization that represents the collective interests of counties in the county forest program and that serves as a liaison to the Department of Natural Resources. Previously known as the County Forest Administrator Grant, this grant program provides encouragement to counties to hire professional forestry staff to manage their county forests. The previous version of this grant provided 50% cost-sharing of the salary and benefits for a professional forester in the position of county forest administrator or assistant county forest administrator. Those payments would continue under the new version of the program along with cost-sharing of the non-profit organization dues. The maximum payment for the dues portion of this grant for all participating county forests combined is $50,000 annually.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The existing non-profit organization representing the collective county forests is the Wisconsin County Forests Association (WCFA). Their existing dues structure for participating counties is $1000 plus an acreage assessment of $.047/acre entered into the county forest program as defined in s.
28.11 Wis. Stats. Currently all twenty-nine counties participate with a total acreage of 2,358,185 acres. Total dues equate to $139,835 annually. Section
28.11 (5m) (am) Wis. Stats., authorizes up to a 50% grant for this portion of the administration grant program, not to exceed $50,000 annually. At the current dues structure, 50% of the total dues is $69,918 which exceeds the maximum $50,000 allotted for this portion of the grant. A pro-rate of this portion of the grant would need to be applied to each county.
Assumptions
•
The WCFA will continue to function as the non-profit organization representing the collective county forests.
•
Future dues to WCFA will not go down.
•
The maximum of $50,000 will be required to fund this portion of the grant in the future.
State government fiscal effect
Increased costs to be absorbed within the agency's budget.
Local government fiscal effect
No local government costs -- with permissive decrease costs and permissive increase revenues.
Types of local governmental units affected
Counties
Fund source affected
SEG
Affected ch.
20 appropriations
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
15.405 (11),
227.11 (2),
452.04 (2),
452.05 (1) (b) and
452.07, Stats., and interpreting ss.
452.04 (2),
452.05 (1) (b) and
452.07, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below on emergency rules to amend s.
RL 16.06 (1) (a),
(b) and
(d), relating to how to use approved forms for the practice of real estate.
Hearing Information
Date: June 26, 2008
Time: 10:15 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Submission of Written Comments
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 1, 2008, to be included in the record of rule-making proceedings.
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 no later than July 1, 2008.
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. Phone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Analysis Prepared by Department of Regulation and Licensing
FINDING OF EMERGENCY
The Department of Regulation and Licensing finds that preservation of the public peace, health, safety or welfare necessitates putting the rule amendments into effect prior to the time the amendments would take if the agency complied with the notice, hearing and publication requirements established for rule-making in ch.
227, Stats. The facts warranting adoption of these rule amendments under s.
227.24, Stats., are as follows:
The department reviewed a proposed draft of a modified form of the residential real estate listing contract, WB-1, which contained inserted text that appeared to be or could be construed to be approved by the department. The modified form was forwarded to the department as an example of work product that was purportedly to be the subject of a continuing education class demonstrating the allowed means to modify an approved form. The modified form was shown to industry stakeholders, the department's council on forms, and the Real Estate Board, for review and comment. All parties agreed that the modified form was, or could be, construed to be misleading based upon its formatting that the modified text was approved by the department, when in actuality, it was not. This potential for consumer confusion was agreed to be a cause for immediate rule-making to prevent modification of forms such as WB-1 in the manner submitted.
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Regulation and Licensing has authority under ss.
452.05 (1) (b) and
452.07, Stats., to promulgate rules for the guidance of the real estate profession and to approve forms for use in real estate practice. The emergency rule has also been reviewed and approved by the council on forms which is currently meeting to review and revise forms for real estate transactions as provided in s.
452.06, Stats., as well as reviewed by the Real Estate Board as required by s.
452.07 (3), Stats., and recommended by the board for promulgation.
Related statute or rule
Plain language analysis
The purpose of this emergency rule is to prohibit the altering of approved real estate forms such that blank lines are inserted between provisions of department approved text, similar in form, content and appearance, such that the inserted provisions create the implication that they are approved by the department.
Section
RL 16.06 (1) (a) amends a paragraph relating to the appearance and numbering of lines appearing on a page of an approved form. Section
RL 16.06 (1) (b) amends a paragraph changing the words “spaces" and “blanks" to “blanks" and “blank lines." And Section
RL 16.06 (1) (d) amends a paragraph to prohibit the altering of a form except for modifying margins or font size.
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
Iowa: Iowa does not have rules or statutory authority relating to governmental approval of forms.
Illinois: Illinois does not have rules or statutory authority relating to governmental approval of forms.
Michigan: Michigan does not have rules or statutory authority relating to governmental approval of forms.
Minnesota: Minnesota does not have rules or statutory authority relating to governmental approval of forms.
Summary of factual data and analytical methodologies
The department reviewed a proposed draft of a modified form of the residential real estate listing contract, WB-1, which contained inserted text that appeared to be or could be construed to be approved by the department. The modified form was forwarded to the department as an example of work product that was purportedly to be the subject of a continuing education class demonstrating the allowed means to modify an approved form. The modified form was shown to industry stakeholders, the department's council on forms, and the Real Estate Board, for review and comment. All parties agreed that the modified form was, or could be, construed to be misleading based upon its formatting that the modified text was approved by the department, when in actuality, it was not. This potential for consumer confusion was agreed to be a cause for immediate rule-making to prevent modification of forms such as WB-1 in the manner submitted.
The proposed changes to s.
RL 16.06 are designed to prohibit the altering of the format of approved forms and the subsequent addition of textual content, rather such changes must be made by either filling in blank lines currently inserted into the text of a form for such purpose, or by the attachment of an addendum where proper under the currently existing rules.
Analysis and supporting documents used to determine effect on small business
This rule will more clearly specify that department approved real estate contract forms cannot be substantively altered. At the start of the biennium, there were 13,090 real estate brokers licensed in Wisconsin and 15,914 real estate salespersons licensed in Wisconsin. A significant percentage of these real estate brokers and salespersons work in small businesses. This rule change should not have an effect on small business as the department is aware of only one individual that is currently altering the substantive content of department approved real estate contract forms.
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.
Initial Regulatory Flexibility Analysis
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.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Division of Board Services and the Office of Legal Counsel. The total one-time salary and fringe costs in the Division of Professional Credentialing and Office of Legal Counsel are estimated at $1,600.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Proposed Rule
SECTION 1. RL 16.06 (1) (a), (b) and (d) are amended to read:
RL 16.06 (1) (a) Shall assure that the numbering of lines and, line contents and the lines appearing on each page are identical to those on the department's forms.
(b) May not reproduce the form in such a manner that optional provisions are left out and blank spaces
lines are filled in without any indication of where the optional provisions and blanks blank lines occur on the department's form.
(d) May not add additional blank lines, provided that such lines remain unnumbered and the contents and line numbers on the department's form are not altered or add additional lines containing textual content, or alter the format of the form in any other manner. “Alter the format" does not include modifying margins or font size consistent with par. (a). To add textual content or additional provisions, a licensee shall only fill in blank lines provided for that purpose on a form or add addenda containing additional or altered provisions as provided in subs. (4) and (5).
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
15.405 (11),
227.11 (2),
452.04 (2),
452.05 (1) (b) and
452.07, Stats., and interpreting ss.
452.04 (2),
452.05 (1) (b) and
452.07, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to amend s.
RL 16.06 (1) (a),
(b) and
(d), relating to how to use approved forms for the practice of real estate.
