Rule-Making Notices (Hearing Notices)

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STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
⍽ Original     X Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Sections of NR 19, 20, 21, 22, 23, 25, and 26 relating to the regulation of fishing
3. Subject
Housekeeping changes to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The rule is in response to recent legislative changes and to the interests of the public and both Law Enforcement and Fisheries Management staff.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes     X No
9. Policy Problem Addressed by the Rule
The objectives are to:   add language to respond to newly created statutory language,   remove sections of code that are outdated or have been replaced by other statute or code changes,   correct errors that occurred during the drafting of rules, and   add or repeal language to clarify intent of original rules.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The proposed rule will have minimal impact on businesses and members of the public. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies with which anglers must already comply. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets. The following organizations were contacted by the Department for economic impact comments: Wisconsin Conservation Congress, WI Wildlife Federation, Great Lakes Indian Fish & Wildlife Commission, WI Association of Lakes, WI Bow Hunters Association, WI Archery Alliance, WI Traditional Archers, WI Federation of Great Lakes Sport Fishing Clubs,WI Council of Sport Fishing Organizations, Federation of Fly Fishers - Wisconsin Council, Musky Clubs Alliance of Wisconsin, Inc., Salmon Unlimited, Trout Unlimited - WI Council, Walleyes for Tomorrow, WI Bass Federation, Izaak Walton League-Wisconsin Division, Lake Michigan Fisheries Forum, Wisconsin Aquaculture Association, American Fisheries Society-Wisconsin Chapter, Natural Resources Foundation of WI, Gathering Waters, River Alliance of Wisconsin, UW Sea Grant, League of WI Municipalities, WI Towns Association, WI Counties Association, Northeast WI Great Lakes Sport Fishermen, and Great Lakes Sport Fishermen of Milwaukee.
11. Identify the local governmental units that participated in the development of this EIA.
The open comment period was conducted during November 2012. No local governments commented or requested to participate in the development of the EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The Department only received one comment during the EIA comment period and it was not related to an economic impact. The Milwaukee Great Lakes Sport Fishing Club stated it was in favor of amending rules to make it easier to donate fish to local charities in Milwaukee. It is not expected that there will be any economic impact directly related to these rule changes on anglers or fishing-related businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rule will include non-substantive changes to administrative code that support existing policies and goals. Fishing regulations in this rule, such as length and bag limits or season dates, are used as a tool to ensure good fishing exists into the future. The goal of fish management, as stated in s. NR 1.01(2), is “to provide opportunities for the optimum use and enjoyment of Wisconsin's aquatic resources, both sport and commercial. A healthy and diverse environment is essential to meet this goal and shall be promoted through management programs."
14. Long Range Implications of Implementing the Rule
The goal is to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters.
15. Compare With Approaches Being Used by Federal Government
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Fisheries management rules are generally similar in the states surrounding Wisconsin. Each bordering state regulates fishing by the use of seasons, bag limits and size limits. Specific seasons and bag and size limits may differ for species among the surrounding states, but the general principles are similar. Michigan, Minnesota, Iowa, and Illinois all have statewide seasons and bag and size limits for fish species, along with special or experimental regulations on individual waters. The Department meets with the Michigan and Minnesota departments of natural resources each year to discuss management and regulation changes.
17. Contact Name				18. Contact Phone Number
Kate Strom Hiorns				608-266-0828

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

N/A

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements ⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

5. Describe the Rule's Enforcement Provisions

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes ⍽ No

Notice of Hearing

Safety and Professional Services —
Psychology Examining Board

rulemaking_notices CR 12-055 CR 12-055

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in sections 15.08 (5) (b) and 455.08, Wis. Stats., and interpreting section 455.04 (5), Wis. Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section Psy 2.12 (2); renumber section Psy 2.12 (3) and (4); and amend section Psy 2.09 (4) relating to applicant appearances.

Hearing Information

Date:   Wednesday, February 6, 2013

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121A
  Madison, WI

Appearances at the Hearing

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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments Are to be Submitted and Deadline For Submissions

Comments may be submitted to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 9:00 a.m. on February 6, 2013 to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Sharon.Henes@wisconsin. gov.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 455.04 (5), Wis. Stats.

Statutory authority

Sections 15.08 (5) (b) and 455.08, Wis. Stats.

Explanation of agency authority

Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or procession. The Psychology Examining Board shall adopt such rules as are necessary under chapter 455, Wis. Stats.

Related statutes or rules

Section 455.04 (5), Wis. Stats.

Plain language analysis

Section 1 amends s. Psy 2.09(4) to reflect the statute provision which has a discretionary provision regarding appearances. Currently the rule requires every applicant to appear before the Board in person prior to licensure as a psychologist. The change will reduce the administrative burden of the resources of the Psychology Examining Board and the Department of Safety and Professional Services. It would also significantly reduce the time it takes an applicant to become licensed because they would no longer have to wait until a scheduled meeting to make an appearance.

Section 2 repeals the provision for licensure by reciprocity for applicants who are licensed in another state which is a signatory to the agreement of reciprocity of the Association of State Provincial Psychology Boards. The reciprocity agreement requires an appearance before the Board as part of the licensing process. Currently there are only seven other signatory states (Arkansas, Kentucky, Missouri, Nebraska, Nevada, Oklahoma and Texas). None of these states are neighboring states, therefore the change would not have a significant impact on applicants.

Section 3 renumbers s. Psy 2.12 (3) and (4) to s. Psy 2.12 (2) and (3).

Summary of, and comparison with, existing or proposed federal statutes and regulations

None

Comparison to rules in adjacent states

Illinois:

Illinois does not require a personal appearance.

Iowa:

Iowa does not require a personal appearance.

Michigan:

Michigan does not require a personal appearance.

Minnesota:

Minnesota does not require a personal appearance.

Summary of factual data and analytical methodologies

The Psychology Examining Board conformed the rule to the statute. No additional factual data or analytical methodologies were used.

Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

This rule creates a change which matches the statutory languages. The rule has a positive effect on applicants and does not have an effect on small business.

This rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.

Fiscal estimate and economic impact analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

The proposed rules do not have an economic impact on small businesses.

Agency Contact Person

Please direct any questions to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Text of Rule

SECTION 1. Psy 2.09 (4) is amended to read:

Psy 2.09 (4) APPEARANCE BEFORE THE BOARD. The applicant shall may be required to appear before the board in person prior to licensure to allow the board to make such inquiry of them as to qualifications and other matters as it considers proper.

SECTION 2. Psy 2.12 (2) is repealed.

SECTION 3. Psy 2.12 (3) and (4) are renumbered to Psy 2.12 (2) and (3).

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Psy 2
Subject
Applicant Appearances
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This amendment will bring the rule in line with the statutes which has a discretionary provision regarding applicant appearances rather than the current rule which is mandatory. The rule also repeals the reciprocity provision because the Agreement of Reciprocity of the Association of State and Provincial Psychology Boards requires a personal appearance before the Board.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit to rule will reduce the administrative burden of the resources of the Psychology Examining Board and the Department of Safety and Professional Services. It would also significantly reduce the time it takes an applicant to become licensed because they would no longer have to wait until a scheduled meeting. The repeal of the provision regarding the Agreement of Reciprocity of the Association of State and Provincial Psychology Boards would have minimal impact due to there only being seven other signatory states and none are neighboring states. The alternative to rule change would be to continue requiring every applicant to appear before the Board prior to obtaining a license.
Long Range Implications of Implementing the Rule
The long range implication would be streamlined application process.
Compare With Approaches Being Used by Federal Government
None
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
None of our neighboring states require a personal appearance before the Board prior to issuance of a license.
Name and Phone Number of Contact Person
Sharon Henes [phone]

Notice of Hearing

Safety and Professional Services —
Veterinary Examining Board

rulemaking_notices CR 12-051 CR 12-051

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in sections 15.08 (5) (b) and 453.03 (1), Wis. Stats., and interpreting section 453.02 (4s), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section VE 1.02 (8); and to amend section VE 1.02 (7) relating to the definitions of patient and prescription legend animal drugs.

Hearing Information

Date:   Wednesday, January 30, 2013

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121A
  Madison, WI

Appearances at the Hearing

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 Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Shancethea Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood @wisconsin.gov.

Place Where Comments Are to be Submitted and Deadline For Submissions

Comments may be submitted to Shancethea Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood @wisconsin.gov. Comments must be received at or before the public hearing to be held on January 30, 2013 to be included in the record of rule-making proceedings.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 453.02 (4s), Wis. Stats.

Statutory authority

Sections 15.08 (5) (b) and 453.03 (1), Wis. Stats.

Explanation of agency authority

An examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains. The Board may promulgate rules establishing the scope of practice.

Related statute or rule

Section 453.02 (4s), Wis. Stats.

Plain language analysis

Section 1 is amended in order for the definition of “patient" in the rule to match the definition in the statute.

Section 2 is repealed due to “Prescription legend animal drugs" no longer being referenced in the VE Code.

Summary of, and comparison with, existing or proposed federal statutes and regulations

None.

Comparison to rules in adjacent states

Illinois:

Illinois Veterinary Medicine and Surgery Practice Act of 2004 defines patient as “an animal that is examined or treated by a veterinarian." 225 Ill. Comp. Stat § 115/3. The Rules do not have a separate definition.

Iowa:

Iowa statutes and administrative code do not define patient; only animal.