Scope Statements
Children and Families
Family and Economic Security, Chs.
DCF 101–153
This statement of scope was approved by the governor on January 4, 2013.
Rule No.
Relating to
Intentional program violations of public assistance programs.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
2011 Wisconsin Act 202 also creates a definition of “intentional program violation" for ch.
49, Stats., at s.
49.001 (3m), Stats. The term “intentional program violation" appears in s.
49.161 (3), Stats., on recouping an overpayment that resulted from an intentional program violation of ss.
49.141 to
49.161, Stats., or of rules promulgated under those sections from the monthly benefit payment of a current Wisconsin Works participant. Before
2011 Wisconsin Act 202, the term “intentional program violation" used in s.
49.161 (3), Stats., was not defined. Section
DCF 101.23 (5) (b) is similar to s.
49.161 (3), Stats., except it has had an applicable definition of “intentional program violation" at s.
DCF 101.23 (1) (f) since its creation in 2005. The proposed rules will repeal and recreate the definition of “intentional program violation" in s.
DCF 101.23 (1) (f) to make it the same as the definition of “intentional program violation" in s.
49.001 (3m), Stats., as created by
2011 Wisconsin Act 202.
Detailed Explanation of Statutory Authority for the Rule
Section
49.161 (3), Stats., provides that if a W-2 participant receiving a monthly benefit payment under s.
49.148 (1), Stats., is liable for an overpayment that is the result of an intentional program violation of ss.
49.141 to
49.161, Stats., or of rules promulgated under those sections, the department shall deduct a specified portion of the participant's monthly benefit payment to recover the overpayment.
Section
227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule contains technical corrections that will bring ch.
DCF 101, relating to Wisconsin Works, into compliance with changes made in
2011 Wisconsin Act 202. The organizations that registered as lobbyists on the bill that created Act 202 were the National Association of Social Workers - Wisconsin Chapter, Wisconsin Council on Children & Families, Fox Cities Chamber of Commerce & Industry, and Legal Action of Wisconsin, Inc.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to get the Governor's approval for this statement of scope.
Rule No.
Relating to
The educator effectiveness equivalency process.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
Section
115.415 (3), Stats., requires the department to establish an equivalency process for reviewing alternative models of evaluating educator practice. The statute requires the Wisconsin Educator Effectiveness (EE) System to be fully implemented and mandatory throughout the entire state by the 2014-15 school year. The full pilot, which allows schools and districts to implement the state EE model and provide feedback, will go into effect during the 2013-14 school year. Districts intending on applying for an equivalency review of an alternative model in 2013-14 must alert DPI in writing of their intention March 15, 2013 and submit their application on or before April 15, 2013. In future years, applicants must alert DPI in writing of their intention by January 15 of the preceding school year, and they must submit their application by March 15 of that year in order to be approved. DPI will continue to modify and refine its system pending feedback from pilot participants and ongoing development (e.g., education specialists). As such, applicants must apply for equivalency annually until DPI is no longer refining the system and evaluating its associated equivalency review process, at which point applicants may receive approval for an extended period of time so long as they continue to meet the required demonstrations and assurances.
In order to have alternative models available for pilot use in the 2013-14 school year and to allow districts using the models opportunities to make modifications prior to Full Implementation (2014-15), there is an urgent need to get the equivalency process in place to approve other evaluation models. If school districts are not permitted to adopt alternative models, they will be denied the flexibility to adapt the EE model to fit their local needs. This will lead to inefficient use of funds in some districts until those districts are able to change to alternative models that best meet their needs. Additionally, students in those districts will not benefit from having their teachers and principals evaluated in a way that best meets local needs. Thus, preservation of the public welfare necessitates that Wisconsin implement the EE program in an efficient and effective manner in order to ensure that scarce resources continue to be used wisely so that Wisconsin can continue to provide the best possible learning environment for its students.
Detailed Description of the Objective of the Proposed Rule
In order to account for the fact that any one evaluation system may not suit each district, the Wisconsin Legislature required DPI to develop an application and approval process for districts wishing to use alternative models to measure teacher or principal practice. The legislation states the following requirements of the Equivalency Process:
• The process shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.
• A school district or charter school that uses this process shall evaluate the performance of teachers in the following domains: 1) planning and preparation; 2) the classroom environment; 3) instruction; and 4) professional responsibilities and development.
The Wisconsin Educator Effectiveness System is designed to evaluate teachers and principals with a fair, credible, and valid system that uses multiple measures across two main areas: educator practice and student outcomes. Within the Wisconsin Educator Effectiveness System, only models of educator practice are subject to equivalence; the equivalency process does not apply to the measures of student outcomes.
Applications for equivalency status will be measured based on certain demonstrations and assurances to align with similar standards set forth by the state.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The evaluation system for educator performance was previously determined by local school districts and teachers' unions. In many cases, this meant there was no standardized evaluation system at all. The Wisconsin Educator Effectiveness System is the first systematic statewide attempt to evaluate teacher performance. In addition to having the standard evaluation model, DPI is also allowing school districts to submit an alternative model to DPI if the school district feels that an alternative model would better measure educator performance in that particular district.
The Wisconsin Educator Effectiveness System is an innovative program that is designed to measure teacher and principal performance by balancing assessment of educator practice and student outcomes. DPI is proposing a process that would allow school districts to design their own assessment model for educator practice. However, these alternative models must still reflect the valuable principles underlying the Wisconsin Educator Effectiveness System. Thus, school districts must still evaluate the performance of teachers in the areas of planning and preparation; the classroom environment; instruction; and professional responsibilities and development. Additionally, the evaluation process must reflect the criteria in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.
Without this rule, there would not be a process to approve alternative models and school districts would not be allowed to use alternative models. This is undesirable because the option to use an alternative model allows school districts the flexibility to meet their local needs. Additionally, DPI will ensure that all alternative models meet certain standards. Without including DPI in this review and approval process, school districts could minimize or even avoid implementing the EE System and their students would not benefit from the program's results. Thus, the Wisconsin State Legislature has statutorily required that DPI develop a process to approve equivalent, alternative models.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.415 Educator effectiveness.
(1) The department shall develop an educator effectiveness evaluation system and an equivalency process aligned with the department's evaluation system for the evaluation of teachers and principals of public schools, including teachers and principals of a charter school established under s.
118.40(2r), as provided in this section. Each school board and the governing body of each charter school established under s.
118.40(2r) shall evaluate teachers and principals in the school district or charter school beginning in the 2014-15 school year.
(2) The department shall develop an educator effectiveness evaluation system according to the following framework:
(a) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon measures of student performance, including performance on state assessments, district-wide assessments, student learning objectives, school-wide reading at the elementary and middle-school levels, and graduation rates at the high school level.
(b) Fifty percent of the total evaluation score assigned to a teacher or principal shall be based upon one of the following:
1. For a teacher, the extent to which the teacher's practice meets the core teaching standards adopted by the 2011 Interstate Teacher Assessment and Support Consortium.
2. For a principal, the extent to which the principal's practice meets the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.
(c) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.
(3) (a) The department shall promulgate by rule an equivalency process aligned with the evaluation system established under sub. (2) for a school district or a charter school established under s.
118.40(2r) seeking to utilize an alternative process for the evaluation of teacher and principal practice. The process under this subsection shall be based on the criteria established in the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards, and a school district or charter school established under s.
118.40(2r) that uses the process under this subsection shall evaluate the performance of teachers in the following domains:
1. Planning and preparation.
2. The classroom environment.
3. Instruction.
4. Professional responsibilities and development.
(b) A teacher or principal evaluated under this subsection shall be placed in one of multiple performance categories.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with developing a process to implement the rule will be fairly significant.
List with Description of all Entities that may be Affected by the Proposed Rule
Local educational agencies, such as school districts and CESAs, will be affected by the proposed rule.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will indirectly benefit some small businesses and educational entities involved in creating alternative educator evaluation programs since these programs have the potential to be approved and used throughout the state. However, the rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Contact Person
Revenue
This statement of scope was approved by the governor on January 17, 2013.
Rule No.
Relating to
Public utility taxation, investment and local impact fund, and real estate transfer fee.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
• Amend s.
Tax 6.50 (4) (b) to be consistent with national unit valuation standards.
• Update department contact and form references throughout Chapter
Tax 6.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Investment and Local Impact Fund Board, as created by s.
15.435, Stats., and attached to the department under s.
15.03, Stats., is required under s.
70.395 (2) (hg), Stats., to “
…by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and s.
293.65 (5)." These provisions apply to the proposed revision to s.
Tax 13.05 (1) (b).
Section
76.07 (5) (b), Stats., provides “[t]he department shall promulgate rules relating to the general principles of the indicators of value..." This provision applies to the proposed changes to Chapter
Tax 6.
Section
77.30, Stats., provides “[t]he secretary of revenue may adopt, pursuant to ch.
227, such rules as the secretary deems necessary in the administration of this subchapter
…" This provision applies to the proposed repeal of ss.
Tax 15.03 (2) (b) and
(c) and
15.05 (5).
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
List with Description of all Entities that may be Affected by the Proposed Rule
Local governments, businesses, and individuals who rely on clear, current, and concise rules.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This statement of scope was approved by the governor on January 17, 2013.
Rule No.
Relating to
Property tax and assessment of agricultural property.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
• Amend s.
Tax 12.06 to eliminate redundancy with the Wisconsin Property Assessment Manual.
• Revise s.
Tax 12.07 to provide for more frequent update of assessment districts through the Wisconsin Property Assessment Manual.
• Repeal subchapter I of Chapter
Tax 18 and remove other references throughout the chapter to an agricultural assessment transitional period that lasted from 1996 to 1997.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
70.32 (2) (c) 1i. Stats., provides that agricultural use “means agricultural use as defined by the department of revenue by rule
…" This provision applies to ch.
Tax 18.
Section
73.09 (1), Stats., provides “[t]he department of revenue shall establish by rule the level of certification under sub. (3), the continuing education requirements under sub. (4), examinations under sub. (5), and the requirements for and responsibilities associated with temporary certification under sub. (6) for all assessors and assessment personnel of each local unit of government and for county assessor systems under s.
70.99." This provision applies to ch.
Tax 12.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
List with Description of all Entities that may be Affected by the Proposed Rule
Local assessors, local governments, businesses, and individuals who rely on clear, current, and concise rules
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This statement of scope was approved by the governor on January 17, 2013.
Rule No.
Relating to
Local financial reporting and expenditure restraint payments.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
73.10 (2) (b) 1., Stats., provides that “[t]he department may require by rule all of the following:
a.
That the information it needs under par. (a) be submitted as annual financial statements, notes to the financial statements, and supporting schedules.
b. That the statements, notes, and schedules under subd. 1.a. conform to generally accepted accounting principles promulgated by the Governmental Accounting Standards Board or its successor bodies.
c. That the statements, notes, and schedules under subd. 1.a. be audited in accordance with generally accepted auditing standards."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
List with Description of all Entities that may be Affected by the Proposed Rule
Local governments who rely on clear, current, and concise rules.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services
Safety, Buildings, and Environment—Plumbing,
Chs.
SPS 381–387
This statement of scope was approved by the governor on January 22, 2013.
Rule No.
Relating to
Plumbing plan review by agent municipalities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The major code section to be amended in this proposed rule, section
SPS 382.20 (2), specifies that municipalities shall employ two or more full-time plumbing staff if they take on the responsibility of being the department's agent for plumbing plan review. This proposed rule revision encompasses current practices, but also may accommodate opportunities for process improvements in plan review turnaround time.
The objective of this proposed rule is to reduce the staffing burden on agent municipalities while allowing flexibility in determining the staffing levels for this program service based on local need. The proposed rule is not intended to impact or diminish the requirements for such individuals required to have current credentials as outlined in sections
SPS 305.003 (14),
305.10 (1) (a) 4. and
382.21 (1) (b). The proposed rule is expected to continue to require that agent municipalities conduct plan review in a proper and timely manner. The proposed rule is not expected to negatively impact health, safety and welfare.
The department may consider any of the following items pertaining to agents, and agent responsibilities and authority: conducting random department-level audits of plan reviews; expanding plan review authority outside the municipal boundaries by mutual agreement; determining qualifications of agent plan review staff; having a contingency plan for prolonged staff absences; detailing a process for withdrawing agent status and rescinding agent status for failure to meet standards; allowing agents to waive the right to review specific project; determining a portion of the fees forwarded to the department to cover state-level program support; accommodating electronic plan submission and approval; coordinating agent approval and disapproval criteria and processes with similar programs in the department; and reviewing the plan review fees established at the local level.
Other changes in this proposed rule may include editorial corrections. In addition, the project will evaluate other administrative codes of the department that may be affected by updates of the Wisconsin Uniform Plumbing Code, including at least chapters SPS 381, 382 and 384, relating to definitions, national standards and plumbing products and installations. This evaluation may result in changes and updates of the rules in these chapters and other chapters requiring updates to cross-references. The objectives of this rule project may be incorporated into one or more rule packages.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policy mandates that in order to obtain or maintain agent status with the department a municipality must employ at least two full-time plumbing staff deemed so qualified by the department. This proposed rule would provide flexibility in staffing levels based on local need and may allow municipalities to utilize staff on a part-time or as-needed basis.
By not amending the rule in this manner, obtaining agent status may be burdensome on agent municipalities and some may withdraw agent status due to the burden of maintaining an established staffing level not based on local need. One alternative is the department will continue to receive petitions from municipalities for agent delegation requesting to employ only one full-time plumbing inspector. This proposed rule will eliminate the petition process and encompass current practice and open agent status to likely additional municipalities desiring to conduct plumbing plan review.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for chapter SPS 382 is contained in the following sections of Wisconsin Statutes.
Sections
145.02 (2) and
(3) (d) and
(g), Statutes: Authority given to the department and its agent municipalities with regard to plumbing plan review and inspection, establishment of fees, competent plumbing supervision, and the issuance of plumbing permits and orders.
Section
145.02 (4) (a), Statutes: Authority relating to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners.
Section
145.05 (1), Statutes: Authority relating to having competent persons and plumbing supervision in maintaining a plumbing plan review service at the local level.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 240 hours, and may be longer if an advisory code committee is convened to review and consult on the proposed rule prior to public hearing.
This time estimate includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
List with Description of all Entities that may be Affected by the Proposed Rule
A number of entities could potentially be affected by this proposed rule—such as current agent municipalities, newly approved agent municipalities, the department (impacts on plan review staffing levels and audit functions) and small businesses that interact with them.
These rules may affect any agent municipality where plumbing plan reviews are undertaken. The rule may also affect the budgets of these agent municipalities, depending on a reduction in staffing levels, an increase in utilizing staff on a part-time or as needed basis for this program service, or an increase in revenues based on the number of plumbing plan reviews conducted at the municipal level.
The promulgated rule may result in an increase in the number of municipalities requesting agent status. The requirement for a specified staffing level may have potentially been a deterrent to obtaining agent status as the staffing level could not be sustained locally with the number of anticipated submittals. In the proposed rule, staffing levels are expected to be determined at the local level whereby the ability would exist to utilize staff on a part-time or as needed basis. In addition, more plans may be submitted at the local level, thus reducing the number of plumbing plans submitted to the department for review; the department may in turn assume more audit functions.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet search of the Federal Register did not reveal any processes for granting authority to local units of government with respect to plumbing plan review or staffing levels thereof.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The anticipated economic impact to agent municipalities is lower staffing costs where fewer than two full-time staff is needed to conduct plumbing plan review in a proper and timely manner. An increase in revenues at the local level may result if more municipalities obtain agent status to review plans that otherwise would have been submitted to the Department.
The anticipated economic impact to the Department is a decrease in the number of plumbing plans submitted for review, and the commensurate loss in revenue. Also, the Department may remain in the position of providing code consultation, code development and training, and additional audit functions with a reduced revenue stream from plan review.
The anticipated economic impact to small business is expected to be minimal but mostly positive, in that individuals so qualified by the department may be utilized by one or more municipalities to conduct this program service. The enactment of this rule is not expected to result in an undue burden on small business other than the current requirements of maintaining license(s) and plan review records, as well as conducting such reviews in a proper and timely manner. With the exception of having access to a computer and phone, no additional equipment is necessary to conduct plan review service.
Contact Person
Jean M. MacCubbin, Program Manager, Division of Policy Development, Department of Safety and Professional Services; P.O. Box 8935; Madison WI 53708; phone: 608.266.0955; contact Through Relay; email:
jean.maccubbin@wisconsin.gov.
Safety and Professional Services
Professional Services, Chs.
SPS 1–299
This statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Reciprocity.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
Federal legislation, namely Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates the reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04 is not in compliance with this federal legislation. The Code must be brought into compliance by July 1, of 2013. At that time the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated “out of compliance" then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Detailed Description of the Objective of the Proposed Rule
The sole purpose of the proposed rule is to bring current Wisconsin administrative code in line with federal legislation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policy in Wis. Admin. Code s.
SPS 81.04 (2) requires reciprocity applicants be evaluated as to whether they are “substantially equivalent" to the requirements for licensure or certificate as an appraiser in this state. The evaluation is based on the other state's requirements for licensure or certification that were in effect at the time the applicant's credential was granted in that state; instead of at the time the applicant filed an application in this state.
The new reciprocity policy, as prescribed by federal statue, will require that an appraiser coming from another state seeking reciprocity in this state must hold a current certification or license in the other state that was issued in compliance with the Financial Institution Reform Recovery Act of 1989,
12 U.S.C. 3351, and that the credentialing requirements of the other state, as they currently exist, meet or exceeds Wisconsin credentialing requirements as they currently exist.
The alternative for failing to make the necessary revisions to current Wis. Admin. Code s.
SPS 81.04 would result in Wisconsin appraisers being precluded from appraising properties that are being financed with federal loans.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it...." Section
440.03 (1), Stats., specifies, “the department may promulgate rules defining uniform procedures to be used by the department,[and] the real estate appraisers board, . . ." The department administers s.
458.06 (4m), Stats
., regarding reciprocal certification which states, “upon application and payment of the fee specified in s.
440.05 (2), the department shall grant and issue a certificate of certification as a general appraiser or as a residential appraiser, as appropriate, to any applicant to whom any of the following applies . . ." Since the department administers s.
458.06, Stats., the department is empowered pursuant to ss. 227. (2) (a) and 44.03 (1), Stats., to define the uniform procedures to be used regarding real estate appraisers and reciprocity.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200.
List with Description of All Entities that may be Affected by the Proposed Rule
Certified and licensed appraisers in Wisconsin and other states.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, "provides that Federal financial and public policy interest in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 USCS § 3331 In order to accomplish this purpose, federal legislation has set up the ASC. The ASC monitors the states to insure that state certified or licensed appraisers meet the federal standards before engaging in federally related transaction and "for the purpose of determining whether a State agency's, policies, practices, and procedures are consistent with" FIRREA. 12 USCS § 3347
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates a minimal economic impact.
Contact Person
If you have any questions please contact Shawn Leatherwood, Department of Safety and Professional Services, Division of Policy Development, at 608-261-4438 or
Shancethea.Leatherwood@wisconsin.gov.
Safety and Professional Services —
Board of Nursing
The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Misconduct or unprofessional conduct.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update and modernize the misconduct or unprofessional conduct rule which has not been updated since 1995. The Board desires to utilize the recently adopted model rules of the National Council of State Boards of Nursing (NCSBN) and other Nurse Licensure Compact (NLC) states' rules as well as their own review of the misconduct or unprofessional conduct rule.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule defines misconduct or unprofessional conduct as “any practice or behavior which violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a patient or the public." The rule includes in a list specific practices or behavior which constitutes misconduct or unprofessional conduct.
The new policy proposed is to review the existing list and update it based upon current minimum standards of the profession necessary for the protection of the patient or public. This may include addressing new technologies, laws which have been enacted since 1995 including Health Insurance Portability and Accountability Act, and failure to cooperate with department investigations. The Board will review the recently adopted model rules of NCSBN to determine whether the inclusion of their rules would be in the best interest of the state of Wisconsin. In addition, as a member state of the NLC (which allows our nurses to work in another compact state under their Wisconsin license and nurses to work in Wisconsin under another compact state's license) the goal is to have consistency among the compact states as to what practices are construed as misconduct or unprofessional conduct.
The alternative to updating and modernizing the misconduct or unprofessional conduct rule is to continue with a current rule that creates uncertainty to the licensee as to what is misconduct or unprofessional conduct when a situation arises involving technology, practices, or laws that were not in place in 1995.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. 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 profession.
Section
441.01 (3), Stats. The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227, Stats.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours.
List with Description of all Entities that May Be Affected by the Proposed Rule
Licensees, health care consumers, and department of safety and professional services compliance staff.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None.
Anticipated economic impact of implementing the rule
None or minimal.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Marriage & Family Therapy, Professional Counselors, Social Work Examining Board
The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Licensure, education, examination, supervised practice, continuing education.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The proposed rule would update the licensing requirements for the training certificate, temporary license, and reciprocal licensure to correct statutory/rule inconsistencies, create clarification and to update to current standards. The proposed rule would also address supervised practice to reflect the current practices, including the use of new technologies. In addition, the proposed rule would update the continuing education to reflect current continuing education programs, including technological methods of delivery. The proposed rule would update the academic program equivalent to a doctorate in professional counseling which has not been updated since 1999.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently there is inconsistency between the statute and rule as it relates to temporary license. The proposed rule would bring the rule in line with the statute. The training certificate and reciprocal license rules need clarification and updating.
Currently the supervised practice requirements do not address current practices, including the use of new technologies during supervision.
Updating the continuing education requirements will create clarity and utilize current technological methods of delivery of the continuing education.
The academic program equivalent to a doctorate in professional counseling is not current with education standards in the area of professional counseling. The rule would update the requirements to reflect the minimum education required for a program to be equivalent to a doctoral degree in professional counseling.
The alternative to the proposed changes would be to continue to have statutory/rule inconsistencies, lack of clarity in the rules, continual prohibition regarding the use of current technologies in supervised practice and continuing education and doctoral education standards which are not equivalent to a doctoral degree in professional counseling.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) 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 profession.
Section
457.03 (1), Stats.
Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
Section
457.22, Stats. Continuing education (1) The examining board may do any of the following: (c) Upon the advice of the professional counselor section, promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
Applicants and licensees.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal.
Contact Person
Sharon Henes, (608) 261-2377.
