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Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection
emergency_rules EmR1202 EmR1202 — Rule adopted to create section ATCP 161.50 (3) (e) and subchapter VI of Chapter ATCP 161, relating to the "grow Wisconsin dairy producer" grant and loan program created under sections 20.115 (4) (d) and 93.40 (1) (g), Stats.
This emergency rule was approved by the governor on March 27, 2012.
The scope statement for this rule, SS 002-12, was approved by the Governor on January 9, 2012, published in Register No. 673, on January 31, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection on February 22, 2012.
Finding of Emergency
Enactment of a rule is necessary to establish criteria the department will use to make determinations for grants, loans or other forms of financial assistance to dairy producers to promote and develop the dairy industry. An emergency rule is needed to ensure that funds are used to assist dairy producers during the first year of the annual appropriation as permanent rules cannot be adopted in time to provide the basis for grant determinations for the first year appropriations.
Publication Date: March 30, 2012
Effective Dates: March 30, 2012 through
August 26, 2012
Children and Families
Safety and Permanence, Chs. DCF 37-59
emergency_rules EmR1034 EmR1034 — Rule adopted to create sections DCF 57.485 and 57.49 (1) (am), relating to determination of need for new group homes.
Exemption from Finding of Emergency
Section 14m (b) of 2009 Wisconsin Act 335 provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g), Stats., as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c) and (2), Stats., an emergency rule promulgated under s. 48.625 (1g), Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g), Stats., take effect.
Publication Date: September 2, 2010
Effective Dates: September 2, 2010 through
the date permanent rules
become effective
Hearing Date: October 21, 2010
Employment Relations Commission (2)
emergency_rules EmR1113 1. EmR1113 — Rule adopted to create Chapters ERC 70 to 74 and ERC 80, relating to initial annual certification elections.
These emergency rules were approved by the governor on September 13, 2011.
The statement of scope for this rule, SS 004-11, was approved by the governor on July 20, 2011, published in Register 667, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s. 227.135 (2) on August 15, 2011.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its election obligations under ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b), Stats., and nonstatutory provisions ss. 9132 (1) (b) and 9155 (1) (b) of 2011 Wisconsin Act 10 as amended by nonstatutory provisions ss. 3570f and 3570h of 2011 Wisconsin Act 32.
Publication Date: September 15, 2011
Effective Dates: September 15, 2011 thru
February 12, 2012
Extension Through: June 11, 2012
Hearing Date: February 2, 2012
emergency_rules EmR1203 2. EmR1203 — Rule adopted to create Chapters ERC 90 and 100, relating to the calculation and distribution of collectively bargained base wages.
This emergency rule was approved by the governor on March 30, 2012.
The statement of scope for this rule, SS 005-11, was approved by the governor on August 31, 2011, published in Register No. 669, on September 14, 2011, and approved by the Employment Relations Commission on September 19, 2011.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules in effect so that the State of Wisconsin and municipal employers can proceed to bargain over base wages with labor organizations that represent State and municipal employees.
Publication Date: April 19, 2012
Effective Dates: April 19, 2012 through
September 15, 2012
Health Services
Health, Chs. DHS 110—
emergency_rules EmR1204 EmR1204 — The Wisconsin Department of Health Services hereby adopts emergency rules to create section DHS 115.05 (3), relating to fees for screening newborns for congenital and metabolic disorders and other services.
This emergency rule was approved by the governor on April 19, 2012.
The Statement of Scope for this rule, SS 033-11, was approved by the governor on October 25, 2011, published in Register No. 671, on November 14, 2011 and approved by the Department of Health Services Secretary, Dennis G. Smith, effective November 25, 2011.
Exemption from Finding of Emergency
The legislature by 2011 Wisconsin Act 32, SECTION 9121 (9) provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
2011 Wisconsin Act 32, SECTION 9121 (9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section 227.24 of the statutes, the Department of Health Services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the Department of Health Services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Publication Date: May 4, 2012
Effective Dates: May 4, 2012 through September 30, 2012
Hearing Date: May 25, 2012
Insurance (2)
emergency_rules EmR1117 1. EmR1117 — Rule adopted to revise Chapter Ins 18, relating to grievances and independent review requirements and affecting small business.
This emergency rule was approved by the governor on November 3, 2011.
The statement of scope for this rule, SS 027-11 Ch. Ins 18, was approved by the governor on September 30, 2011, published in Register No. 670, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011.
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