Section
23.11 (1), Stats., grants the department such powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by ch.
23, Stats., and by other provisions of law.
Section
29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., authorizes the department to limit the number of Great Lakes commercial fishing licenses, designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations are restricted, and designate the kind, size, and amount of gear to be used in the harvest.
Section
227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 40 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would expand opportunities for commercial fishing businesses and was initiated in response to the expressed concerns of commercial fishers.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior.
Contact Person
William Horns
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-8732
Safety and Professional Services
(formerly Regulation and Licensing)
The statement of scope for this rule was approved by the governor on September 6, 2011.
Rule No.
RL 84.04 (1) (b)
Relating to
Revises section
RL 84.04 (1) (b), relating to certified general appraiser equivalent education semester credit hours.
Description of the Objective of the Rule
To correct an error in
Clearinghouse Rule 10-135 which will go into effect on September 1, 2011. The Federal Institutions Reform, Recovery, and Enforcement Act requires a certified general appraiser credential to have a bachelor's degree or equivalent education of at least 30 semester credit hours.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under the Federal Institutions Reform, Recovery and Enforcement Act (FIRREA), the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria for certification established by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. The education requirement is a bachelor's degree or equivalent education from an accredited college or university. Equivalent education shall consist of at least 30 semester credit hours successfully completed at an accredited college or university or completed through the CLEP, which cover ten specified subject matter courses.
Prior to
Clearinghouse Rule 10-135 which inadvertently changed the education requirement to 10 semester hours instead of 30, RL 84.04 (1) (b) required the equivalent education to consist of at least 30 semester credit hours. This rule is to correct the error which occurred with
Clearinghouse Rule 10-135.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Department of Safety and Professional Services has specific rule making authority pursuant to:
•
458.03 (1) (b) Subject to the procedure under s.
458.05, promulgate rules establishing criteria for the approval of educational and continuing educational programs and courses of study for appraisers and establishing criteria for the approval of the courses required under ss.
458.06 (2) (d) and
458.08 (2) (d).
•
458.085 The department shall promulgate rules establishing educational requirements for general and residential appraiser certification and for appraiser licensure under this chapter.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
5 hours.
Description of all Entities that may be Impacted by the Rule
Applicants for a certified general appraiser credential.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Pursuant to FIRREA, the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria established by AQB. This rule will bring Wisconsin in line with the FIRREA and AQB requirements.
Contact Person
Sharon Henes, Paralegal
Division of Board Services
Department of Safety and Professional Services
1400 East Washington Avenue
Madison, WI 53703
(608) 261-2377
