Rule-Making Notices
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.82,
101.84 (3),
101.862, and
101.87, Stats., as affected by
2007 Wisconsin Act 63, the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to licensing of electricians and affecting small business.
Hearing Information
Date and Time:
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Location:
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April 29, 2009
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Conference Room 3B
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10:00 a.m.
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Thompson Commerce Center
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201 West Washington Avenue
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Madison
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This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the proposed rules will remain open until May 15, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Currently, municipalities determine on an individual basis whether the persons undertaking electrical construction wiring need to be certified. The department certifies electricians on a voluntary basis to facilitate fulfillment of municipal certification requirements. The enactment of
2007 Wisconsin Act 63 will require persons performing electrical construction wiring any where in state on and after April 1, 2013 to be licensed by the department. Local municipal licensing requirements and programs for electricians will also end on April 1, 2013.
Summary of proposed rules
The proposed rules establish administrative procedures for licensing of electrical contractors and electricians as mandated by
2007 Wisconsin Act 63.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of electrical contractors and electricians.
Comparison with rules in adjacent states
Illinois:
Illinois does not license or certify electricians or electrical contractors at the state level. Electrical licensing and certification is at the discretion of the local municipality.
Iowa:
As of January 1, 2008 Iowa requires electrical contractors and electricians to be state licensed. License types for electricians includes master, journeyman, apprentice, unclassified and special. A special electrician licenses carries one or more of the following endorsements: irrigation system wiring, disconnecting and reconnecting existing air conditioning and refrigeration systems, sign installation, and residential.
Michigan:
Michigan law requires the licensing of electrical contractors and electricians to install any electric wiring, devices, appliances, or appurtenances for the generation, distribution and utilization of electrical energy within or on any building, structure or property. Michigan also provides a number of licensing exemptions similar to that addressed under s.
101.862 (4), Stats.
Minnesota:
Minnesota law dictates that electrical work be performed by state licensed electrical contractors and electricians or under the direct supervision of licensed electricians. The contractor's license is a business type credential and not a personal license allowing the individual to perform electrical work or supervision. The state's licensure process includes an examination.
Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2007 Wisconsin Act 63, in conjunction with the current electrical certification rules under ch.
Comm 5. The rules were developed with input from the Comm 16 Electric Code Advisory Council.
Small Business Impact
The proposed rules implement the mandates imposed by
2007 Wisconsin Act 63. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules establish administrative procedures for mandatory licensing of electrical contractors and electricians as directed by
2007 Wisconsin Act 63. Currently, the department provides an electrician certification program that complements local licensing/certification requirements. The Act and the rules affect those businesses and individuals currently not certified by the department that install, repair, or maintain electrical construction wiring, unless statutorily exempted.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The renewal of electrician licenses will continue to be contingent upon the fulfillment of continuing education obligations.
Types of professional skills necessary for compliance with the rules.
No other types of professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The proposed rules implement the licensing mandates imposed by
2007 Wisconsin Act 63 relating to electrical contractors and electricians. The department currently administers a program for the certification of electricians and electrical contractors who then use the certification to obtain a license in municipalities which require licensing. The provisions of Act 63 requiring state-wide licensure are effective April 1, 2013.
The department estimates that an additional 10,000 electricians and electrical will obtain license prior to April 1, 2013. The current 4-year license fees for an electrical contractor is $200, a master electrician $200, a journeyman electrician $100 and a beginning electrician $20. This will then result in additional annual revenues of $458,500 with 2013 implementation.
The department anticipates that workload associated with this licensing can be absorbed within current resources and staff levels.
State fiscal effect
Increase existing revenues. An increase in costs may be possible to absorb within the agency's budget.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager
(608) 266-9292
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
Electrical, Ch.
Comm 16
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.82 (2m), and
101.84 (3), Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 5 and
16, relating to electrical inspection.
Hearing Information
Date and Time:
|
Location:
|
April 29, 2009
|
Conference Room 3B
|
10:00 a.m.
|
Thompson Commerce Center
|
|
201 West Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 15, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at: jim.quast@ wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Section
101.82 (1), Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the installation, repair and maintenance of electrical wiring. Section
101.82 (2m), Stats., directs the Department to establish an inspection program for electrical wiring.
Summary of proposed rules
Primarily, the proposed rules establish a state wide inspection program for electrical wiring installations for farms, public buildings and places of employment. The program will require electrical permits to be obtained for new electrical services, new electrical feeders and new branch circuits. The permits will result in electrical inspections being conducted before the wiring is to be energized and concealed. A final inspection will also be required once the installation is completed. Permits are to be obtained from commercial building inspection agencies that will provide the inspections. Inspection agencies will be either municipalities or third party independent entities as designated by the Department. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. The inspections will be conducted by certified commercial electric inspectors. The rules do not restrict municipalities from enacting a more robust permitting and inspection program.
The proposed rules also establish plan submittal requirements for proposed fire pump installations regulated under section 695 of the adopted National Electrical Code.
The proposed rules also rearrange the material and subchapters within chapter Comm 16.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding inspection of electrical wiring installations.
Comparison with rules in adjacent states
Illinois:
Illinois does not administer a state electrical inspection program.
Iowa:
Iowa is to implement an electrical inspection program as of March 1, 2009. Inspections are required of new electrical installations for commercial and industrial applications, public-use buildings and facilities, and residential applications in excess of single-family and new electrical service equipment for single-family applications. Permits are required to commence electrical installations. Inspections are to be conducted by state inspectors or by certified local inspectors.
Michigan:
With the exception of farms and universities, Michigan requires electrical permits and inspections for electrical installations costing more than $100. The inspections are typically conducted by state certified electrical inspectors for municipalities that meet state minimum requirements. Where municipal inspection is not provided state inspectors conduct the inspections.
Minnesota:
In Minnesota, all new electrical wiring installations are subject to inspection with the exception of minor repairs. Requests for inspections are to be made by the person responsible of the installation to an enforcing municipality recognized by the state or the state for non-enforcing municipalities. State electrical inspections are conducted by contracted inspectors under the oversight of regional state representatives. All inspectors are either licensed journeyman or master electricians.
Summary of factual data and analytical methodologies
The proposed rules for a state wide electrical inspection program were developed based upon the following:
•
The state wide inspection program for the construction of new one- and two family dwellings.
•
Current municipal electrical inspection schemes as well other state programs besides the four bordering states.
A working draft of the proposed rules was shared with the Electrical Code Advisory Council for their input. The Council's membership includes electrical contractors and municipal inspectors.
Small Business Impact
Pursuant to
2007 Wisconsin Act 63, the proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these establishments. The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection program. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy. The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment.
The issuance of the permits will result in periodic inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation.
The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency.
Types of professional skills necessary for compliance with the rules.
The proposed changes do not require any type of professional skills for compliance.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
To implement the proposed electrical inspection program the Department proposes to establish a commercial building inspection agency registration. The agencies will be responsible for issuing permits and inspecting electrical wiring installations for farms, public buildings and places of employment. The inspections are required to be conducted by Department certified commercial electrical inspectors. Both municipalities and third-party independent inspection agencies will need to register with the Department. The cost of the registration would be $40 for four years with an initial application fee of $15. The Department estimates that 300 municipalities will elect to obtain the registration and 150 third-party independent inspection agencies will also register. Based upon these assumptions the Department revenues would increase by $24,750 or approximately $6,200 annualized. The 2009 Executive Budget Bill, AB75, includes 2 FTE positions to assist in the implementation of the electrical inspection program. The positions are to be funded by electrician licensing fees and the building inspection agency registration revenue of $6,200.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies under contract with the Department. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection programs. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy.
State fiscal effect
Increase existing revenues. An increase in costs may be possible to absorb within agency's budget.
Local government fiscal effect
Permissive increase in costs. Permissive increase in revenues.
Types of local governmental units affected
Towns, villages, cities, counties.
Fund sources affected
PRO.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager
(608) 266-9292
Notice of Hearing
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
46.286 (7) and
227.11 (2) (a), Stats., the Wisconsin Department of Health Services will hold a public hearing on a proposed rule to revise Chapter
DHS 10, relating to fair hearings and continuation of benefits pending the outcome of a grievance, department review, or fair hearing under the family care program.
Hearing Information
Date and Time
April 30, 2009
9:00 – 10:00 am
|
Location
Department of Health Services
1 W. Wilson Street
Room 518 B
Madison, Wisconsin
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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 May 7, 2009.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
46.286 (7), Stats., requires the Department to promulgate rules relating to the recovery of correctly or incorrectly paid Family Care Benefits. Section
227.11 (2) (a), Stats., permits the Department to promulgate rules of any statute interpreted or enforced by the Department, if the Department considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
Under this proposed order, the Department is providing an exception to the right to a fair hearing and continuation of services during a fair hearing, grievance, or Department review when Family Care benefits are reduced or terminated by an act or decision by the federal government or the state legislature and the individual whose benefits have been terminated or reduced does not dispute that he or she falls within the category of persons for whom the benefit was reduced or terminated.
The proposed exception was originally promulgated by the Department under an emergency order effective April 7, 2008, after eligibility of non-Medicaid individuals to receive Family Care benefits was rescinded under
2007 Act 20, and after the federal Centers for Medicare & Medicaid Services eliminated, for individuals who did not require non-nursing home level of care, home and community-based services.
Section
DHS 10.55, provides enrollees with a right to fair hearing when services are reduced or terminated, or eligibility is denied, and the option to continue services during an appeal. Persons who receive continuation of services are responsible to pay for the services if they lose on appeal.
Individuals whose benefits have been terminated or reduced under state or federal law or policy and who does not dispute that he or she falls within the category of persons for whom the benefit was reduced or terminated would lose the appeal and be responsible for paying the cost of any continued services they received. The cost could amount to thousands of dollars. The Department has determined that such situations may be detrimental to the welfare of the affected individuals and should be prevented.
Comparison with federal regulations
There are similar provisions in Medicaid rules at
42 CFR §431.220(b), which provides that the State Medicaid Agency “need not grant a hearing if the sole issue is a Federal or State law requiring an automatic change adversely affecting some or all recipients." And, at
42 CFR § 431.230(a)(1), which provides that individuals have a right to continuation of services pending the outcome of an appeal unless, “it is determined at the hearing that the sole issue is one of Federal or State law or policy."
Comparison with rules in adjacent states
Illinois:
Illinois does not have a program similar to Family Care.
Iowa:
Iowa does not have a program similar to Family Care.
Michigan:
Michigan does not have a program similar to Family Care.
Minnesota:
Minnesota does not have a program similar to Family Care.
Summary of factual data and analytical methodologies
The Department assessed the adverse impact on individuals affected by previous changes in benefits as a result of changes in state statute and federal policy.
Small Business Impact
The rules would not have an effect on businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The proposed rule will have no immediate fiscal impact, but may result in an indeterminate decrease in future costs to the state and to Family Care managed care organizations (MCOs). Some MCOs are units of county government. Some MCOs are private non-profit organizations, which are not small businesses. The potential future decrease in costs to the state and to MCOs will result from not being required to assign staff to conduct or participate in fair hearings in which the appellant cannot be successful. In addition, MCOs may have decreased costs because they will not be required to continue to provide services during an appeal in which the appellant cannot be successful.
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 Admin. Rules Website at
http://adminrules.wisconsin.gov or by contacting the person listed below.
Agency Contact Person
Charles Jones
Division of Long Term Care
1 W. Wilson St., Room 518
P.O. Box 7851
Madison, WI 53707-7851
Phone: (608) 266-0991
TTY: (888) 241-9432
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth under s.
227.18, Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider the adoption of rules revising section
Ins 2.81, Wis. Adm. Code, relating to use of the 1980 CSO Standard Ordinary Life Valuation Mortality Table in determining the minimum standard of valuation reserves and the minimum standard nonforfeiture values for preneed funeral life insurance products.
Hearing Information
Date: May 7, 2009
Time: 10:00 a.m., or as soon thereafter as
the matter may be reached
Place: OCI, Room 227, 2nd Floor
125 South Webster Street
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
James W. Harris
Legal Unit - OCI Rule Comment for Rule Ins 281
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
James W. Harris
Legal Unit - OCI Rule Comment for Rule Ins 281
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
James W. Harris
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
The proposed rule is promulgated under the commissioner's authority to prescribe valuation and reserve liabilities and accounting standards and reporting for insurers.
Related statutes or rules
The proposed rule relates to existing rules prescribing valuation of liabilities, nonforfeiture values, and actuarial reporting and analysis under ss.
601.42,
623.06 and
632.43, Stats., and ss.
Ins 2.80 and ch.
Ins 50, Wis. Adm. Code.
Plain language analysis
Section
Ins 2.81, Wis. Adm. Code, sets forth the requirements for use of the 2001 commissioners standard ordinary (CSO) mortality table by insurers, meeting prescribed conditions, in determining minimum reserve liabilities and minimum nonforfeiture values, which may be used for policies issued on or after January 1, 2005, and before January 1, 2009, and which shall be used for policies issued on or after January 1, 2009. Research completed by the Deloitte University of Connecticut Actuarial Center commissioned by the Society of Actuaries as a part of a study of preneed mortality, determined that the 2001 CSO Mortality Table produces inadequate reserves for policies issued to fund funeral services and expenses. The proposed rule provides that for determining the minimum mortality standard for determining reserve liabilities and nonforfeiture values for funeral policies as defined in s.
632.415, Stats., insurers shall use the 1980 commissioners standard ordinary (CSO) mortality table. Insurers may elect to use the 2001 CSO mortality table for funeral policies issued on or after January 1, 2009, and before January 1, 2012, provided the insurer certifies to the commissioner with supporting information that the reserve methodology employed by the insurer using the 2001 CSO mortality table as a minimum standard develops adequate reserves.
Comparison with federal regulations
There are no federal regulations which address use of mortality tables to establish reserve liabilities and nonforfeiture values for insurers doing business in Wisconsin.
Comparison of rules in adjacent states
Illinois:
Ill. Ch.
215 ILCS 5/223, ff., permits use of the 1980 CSO Standard Ordinary Life Valuation Mortality Table, with apparent permissive authority to use later tables adopted by the NAIC. The regulation does not differentiate for funeral policies.
Iowa:
Iowa Adm. Code 191-94.3, permits the use for purposes of reserve valuation, under prescribed conditions, of the 2001 CSO Preferred Class Structure Mortality Table. The regulation does not differentiate for funeral policies.
Michigan:
Mich. Comp. Laws, s.
500.838a, permits the use for purposes of reserve valuation, under prescribed conditions, of the 2001 CSO Preferred Class Structure Mortality Table. The regulation does not differentiate for funeral policies.
Minnesota:
Minn. Stat. Ch. 61A.257, permits the use for purposes of reserve valuation, under prescribed conditions, of the 2001 CSO Preferred Class Structure Mortality Table. The regulation does not differentiate for funeral policies.
Summary of factual data and analytical methodologies
OCI review of NAIC models and recommendations based upon preneed mortality studies with respect to the adequacy of financial reserves, and insurer's financial information.
Analysis and supporting documentation used to determine rule's effect on small businesses
This rule relates to insurer determination of minimum reserves and there is no significant effect on small businesses.
Small Business Impact
This rule will have little or no effect on small businesses.
Small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
Summary
There will be no state or local government fiscal effect.
This rule change will have no significant effect on the private sector regulated by OCI.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Copies of Proposed Rule and Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at:
http://oci.wi.gov/ocirules.htm or by contacting:
Inger Williams, OCI Services Section
Phone: (608) 264-8110
Address: 125 South Webster Street, 2nd Floor
PO Box 7873, Madison WI 53707-7873
Notice of Proposed Rulemaking
Labor and Industry Review Commission
NOTICE IS HEREBY GIVEN That pursuant to s.
103.04 (2), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Labor and Industry Review Commission
will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice on April 15, 2009, the Labor and Industry Review Commission is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality that will be affected by the rule; or an association that is representative of a farm, labor, business or professional group that will be affected by the rule.
The Wisconsin Labor and Industry Review Commission proposes an order to amend sections
LIRC 1.025 (3) and
(4),
2.05,
3.05, and
4.04, relating to the rules of practice and procedure before the commission.
Submission of Written Comments
Written comments pertaining to the proposed rules should be submitted to the Wisconsin Labor and Industry Review Commission, P.O. Box 8126, Madison WI 53708-8126. Facsimile: (608) 267-4409.
The deadline for submission is 30 days from the date of the publication of the 30 day notice in this Register.
Copies of Proposed Rules
A copy of the proposed rules and the full fiscal estimate may be obtained from the Labor and Industry Review Commission upon request.
Analysis Prepared by Labor and Industry Review Commission
Statutes interpreted
Statutory authority
Explanation of agency authority
The Labor and Industry Review commission reviews and decides appeals of decisions of administrative law judges of the Department of Workforce Development in cases arising under Wisconsin's unemployment insurance, workers compensation, employment discrimination and public accommodations discrimination laws. The commission's rules govern procedure in such appeals.
Related statute or rule
No federal statute or regulation requires adoption of the proposed rules or are relevant to the substance of the proposed rules. Wisconsin Statutes ss.
102.23(1)(a),
227.53(1)(a)3. and
801.50(2)(a) establish the circuit court venue provisions clarified in the rule amendments at LIRC 2.05, 3.05 and 4.04.
Plain language analysis
Current rules allow petition for commission review from decisions by administrative law judges of the Department of Workforce Development to be filed by facsimile transmission. Under the rule, petitions faxed and received on a given day are considered to have been received on that day, for purposes of determining timeliness, even if they are received after regular office hours. The LIRC rule conflicts with the rule of the DWD Equal Rights Division (ERD), which treats faxed documents received after regular office hours as having been received on the next business day. The ERD rule applies, because ERD is the only authorized entity to accept petitions for commission review from ERD decisions. This proposal amends the LIRC rule to clarify the special timeliness circumstances applicable to petitions from ERD decisions.
Current s.
LIRC 1.025 (4) contains a reference to the internet page for filing a LIRC petition for review in UI. A DWD agency wide email migration changes the internet “address" or page to a revised format, which is substituted in the proposed rule.
Current LIRC rules regarding judicial review erroneously state that out of state plaintiffs or petitioners should commence actions for judicial review in Dane County. This is based on outdated statutory and case law. Sections
801.50 (2) (a) and
227.53 (1) (a) 3., of the statutes provide that actions for judicial review by out of state plaintiffs or petitioners shall be commenced in the county where the claim or dispute arose. The proposed rule amendment corrects the error.
Comparison with federal regulations
There are no federal regulations governing practice and procedure before the commission.
Comparison with rules in adjacent states
Adjacent states have higher-level administrative authorities (excepting Minnesota) for deciding appeals in unemployment insurance, workers compensation and employment discrimination cases which are analogous to the Wisconsin Labor and Industry Review Commission. Rules of practice of such authorities are generally comparable to those of the commission.
Summary of factual data and analytical methodologies
The commission has not collected any data or conducted any analyses in connection with its development of these proposed rule changes.
Analysis and supporting documents used to determine effect on small business
The commission has not collected any data or conducted any analyses in connection with its development of these proposed rule changes.
Small Business Impact
The commission's rules of procedure affect small businesses when they are parties to cases pending before the commission. The proposed rule changes simply clarify existing rules and are not anticipated to have any effect on small businesses.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
These minor rule changes involve only clarification of existing procedural matters, including the filing of electronic appeals to the commission and the proper venue for circuit court review of commission decisions when the plaintiff or petitioner is a non-resident of Wisconsin. Neither clarification should have any fiscal impact on members of the public who file the affected appeals or the commission in dealing with the appeals.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
James Pflasterer, General Counsel
Telephone: (608) 266-7728
Text of Proposed Rule
SECTION 1. LIRC 1.025 (3) and (4) are amended to read:
LIRC 1.025 (3) Petitions for review may be filed by facsimile transmission. A petition for review transmitted by facsimile is not deemed filed unless and until the petition is received and printed at the recipient facsimile machine of the commission or of the division of the department to which the petition is being transmitted. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission. A Except in the case of a petition for review in fair employment and public accommodations cases under s.106.52 or s.111.39(5) Stats., where a facsimile transmission filed after the regular business hours of the equal rights division shall be considered filed on the next business day, a petition for review transmitted by facsimile is deemed filed on the date of transmission recorded and printed by the facsimile machine on the petition. If the commission's or department's records indicate receipt of the facsimile at a date later than that shown, then the later date shall control.
(4) Except in the case of petitions for review in fair employment and public accommodations cases under s.
106.52 or
111.39(5), Stats., petitions for review may be filed electronically through the internet website of the commission, at the page found at
http://www.dwd.state.wi.us/lirc/petition. htm http://dwd.wisconsin.gov/lirc/petition.htm. Successful filing of a petition for review electronically through the internet website of the commission will result in a display on the petitioner's internet browser of a message confirming that the petition has been successfully filed. A petition for review transmitted electronically through the website of the commission is not deemed filed unless and until the confirmation message is displayed. The commission is not responsible for errors in transmission that result in failure of a petition to be successfully filed electronically through the website of the commission. A petition for review filed electronically through the internet website of the commission is deemed filed on the date of filing stated on the commission's electronic record of the filing.
SECTION 2. LIRC 2.05 is amended to read:
LIRC 2.05 Actions for judicial review. Judicial review of any commission decision under s.
108.09 or
108.10, Stats., shall be commenced in the manner and upon the grounds specified in ss.
108.09(7) and
102.23, Stats., and not under ch.
227 or s.
801.02, Stats. Either party may commence a legal action for review of the commission decision in circuit court within 30 days from the date the decision was mailed to the party's last known address. Such action is commenced only by filing a summons and complaint with the circuit court and serving an authenticated copy of the summons and the complaint upon the commission, all within 30 days. Service must be made upon a commissioner of the labor and industry review commission or an agent authorized by the commission to accept service only at the commission's office in Madison. Such service shall be deemed complete service on all parties but there shall be left with the person so served as many copies of the summons and complaint as there are defendants. Service by mail is effective only if the pleadings are actually received by the commission within the appeal period. The complaint shall state the grounds upon which review is sought. The action shall be commenced against the commission, and the party in whose favor the decision was made shall also be made a defendant. The proceedings shall be in the circuit court of the county where the plaintiff resides except that, if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the defendant resides. If the plaintiff is a non-resident of Wisconsin, the proceedings shall be in the circuit court
for Dane county for the county where the claim arose. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees. The appealing party shall arrange for preparation of the necessary legal documents.
SECTION 3. LIRC 3.05 is amended to read:
LIRC 3.05 Actions for judicial review. Judicial review of any commission decision shall be commenced in the manner and upon the grounds specified in s.102.23, Stats., and not under ch.
227, Stats., or s.
801.02, Stats. Either party may commence a legal action for review of the commission decision in circuit court within 30 days from the date the decision was mailed to the party's last known address. Such action is commenced only by filing a summons and complaint with the circuit court and serving an authenticated copy of the summons and the complaint upon the commission, all within 30 days. Service must be made upon a commissioner of the labor and industry review commission or an agent authorized by the commission to accept service only at the commission's office in Madison. Such service shall be deemed complete service on all parties but there shall be left with the person so served as many copies of the summons and complaint as there are defendants. Service by mail is effective only if the pleadings are actually received by the commission within the appeal period. The complaint shall state the grounds upon which review is sought. The action shall be commenced against the commission, and the party in whose favor the decision was made shall also be made a defendant. The proceedings shall be in the circuit court of the county where the plaintiff resides except that, if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the defendant resides. If the plaintiff is a non-resident of Wisconsin, the proceedings shall be in the circuit court
for Dane county for the county where the claim arose. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees. The appealing party shall arrange for preparation of the necessary legal documents.
SECTION 4. LIRC 4.04 (1) is amended to read:
LIRC 4.04 Actions for judicial review. (1) FAIR EMPLOYMENT. Judicial review of any commission order or decision in fair employment cases under s.
111.39(5), Stats., shall be commenced in the manner and upon the grounds specified in ss.
227.52 and
227.53, Stats. Any person aggrieved by a final decision of the commission shall be entitled to judicial review in circuit court. Proceedings for review shall be instituted within 30 days from the date of the decision. Such proceedings are instituted by serving a petition for review, either personally or by certified mail, upon the labor and industry review commission in Madison, and, by filing such petition with the clerk of the circuit court for the county where the judicial review proceedings are to be held. Copies of the petition shall be served upon all parties who appeared before the commission in the case not later than 30 days after commencing the proceeding for review. The copies shall be served personally, by certified mail, or when service is timely admitted in writing, by first class mail. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is a person aggrieved by the decision, and the grounds upon which review is sought. The petition shall be entitled in the name of the person serving it as petitioner and the commission as respondent. The proceedings shall be in the circuit court of the county where the petitioner resides. If the petitioner is a non-resident of the state, the proceedings shall be in the circuit court
for Dane county for the county where the dispute arose.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.089,
29.193,
29.197,
29.597,
169.085,
169.24, and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 10 and
19, Wis. Adm. Code, relating to hunting, trapping regulations, and wildlife rehabilitation.
Hearing Information
Date and Time:
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Location:
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May 11, 2009
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Room 613
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Monday
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DNR Central Office
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at 1:00 PM
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101 South Webster Street
Madison
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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 Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments
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. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 11, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing.
Copies of Proposed Rule
A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Scott Loomans at the address listed above.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Policy issues affected by this rule are ones which have already been addressed by previous rulemaking. The proposed rules will:
1. Clarify that access permits are required of deer hunters at Lake Wissota state park.
2. Clarify that the harvest of deer of either sex is allowed by archery and gun hunters who possess disabled hunting permits, making this regulation consistent with the law that applies to disabled hunters during firearm seasons.
3. Clarify that, where it is legal to place bait for hunting deer, bait may be placed on the day before the archery season as is currently allowed on the day before the gun seasons.
4. Remove the prohibition of hunting deer with full metal jacketed, nonexpanding type bullets so that only nonexpanding type bullets are prohibited.
5. Establish that the prohibition of hunting and firearm discharge on the day before the firearm deer season applies only to the traditional nine-day deer season.
6. Establish that velvet antlers may be possessed in a CWD zone and clarifies that antlers being transported out of a CWD zone must be free of brain tissue but hair or hide does not need to be removed.
7. Incorporate by reference the definitions for a section of federal regulations that are already incorporated into Wisconsin code related to baiting migratory game birds.
8. Eliminate an unnecessary cross reference.
9. Eliminate confusing and unnecessary language and clarifies that, where body-gripping type traps from 60 to 75 square inches in size are prohibited, larger traps are also prohibited.
10. Eliminate an unnecessary gear requirement; relaxing mechanical locks are not needed on snares.
11. Eliminate a limit on participation by disabled hunters during turkey seasons that is no longer needed with only seven turkey management zones.
12. Correct an omission in the name of a deer management unit.
13. Include trapping as an educational outdoor skills activity for which certain exemptions are available so that this rule language will be consistent with statute.
14. Clarify that volunteer wildlife rehabilitators may only serve in a limited capacity on wildlife rehabilitation activities.
15. Correct the number of a subdivision.
16. Update wildlife rehabilitation code language so that it is consistent with proposed changes to the list of threatened and endangered species.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Comparison with federal regulations
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in
50 CFR part 10.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
Small Business Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Small business regulatory coordinator
Environmental Impact
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 intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. The department anticipates no fiscal effect from these proposed rule changes.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
Scott Loomans
101 South Webster Street
PO Box 7921
Madison, WI 53707-7921
(608) 267-2452
scott.loomans @wisconsin.gov
