Scope Statements
Government Accountability Board
This statement of scope was approved by the governor on December 4, 2012.
Rule No.
Relating to
Voter Registration, s.
GAB 3.01, and Certification and Training of Municipal Clerks, s.
GAB 12.01.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Amend s.
GAB 3.01 (6) to change the election cycle for special registration deputies so that the cycle begins on January 1 of an even-numbered year and continues through December 31 of the following odd-numbered year. Amend s.
GAB 12.01 (2) to change the election cycle for municipal clerk training so that the cycle begins on January 1 of an even-numbered year and continues through December 31 of the following odd-numbered year.
3. 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 amendments to ss.
GAB 3.01 (6) and
12.01 (2) will have the effect of modifying the election cycles governing training of municipal clerks and special registration deputies. Under the current administrative rules, those respective elections cycles begin on January 1 of an odd-numbered year and continue through December 31 of the following even-numbered year. This two-year term runs counter to the election and training cycle for election inspectors, which runs from January 1 of an even-numbered year through December 31 of the following odd-numbered year, pursuant to s.
7.30 (4), Stats. Reconciling the election cycles and making them uniform for all election officials would eliminate significant confusion and administrative difficulties for local election officials.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10-15 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All individuals serving as special registration deputies pursuant to certification by local election officials or the Government Accountability Board, and all municipal clerks seeking certification to conduct elections by the Board.
7. 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
The training and certification of local election officials is not regulated by federal statutes or regulations.
Contact Person
Kevin J. Kennedy, Director and General Counsel
Government Accountability Board
(608) 266-8005
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 obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Grants for Preschool Through Grade 5 Programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 29, the rule chapter for the Grants for Preschool Through Grade 5 Programs.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2011 Wisconsin Act 32 eliminated the Grants for Preschool to Grade 5 Programs under s.
115.45, Stats. Since there is no longer any statutory authority for the program, the rules are no longer necessary. Thus, this rule change will eliminate ch.
PI 29.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
5. 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 delete the rule language itself will be minimal. However, the time necessary to guide the rule through the rulemaking process will be more significant.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for this program has already been rescinded.
7. 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
N/A.
8. 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 have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Contact Person
Bureau for Policy and Budget, Attn: Katie Schumacher
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Additions to schedules in Chapter
961, Wis. Stats.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective is the bring the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats., into conformity with the federal Controlled Substances Act.
3. 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 Wisconsin has not scheduled include the following substances:
•
Schedule I: 2C-C; 2C-D; 2C-E; 2C-H; 2C-I; 2C-N; 2C-P; 2C-T-2; 2C-T-4; AM2201; AM694; JWH-019; JWH-122; JWH-203; JWH-398; SR-18 and RCS-8; SR-19 and RCS-4; and Methylone, 3,4-methylenedioxy-N-methylcathinone, bk-MDMA.
•
Schedule II: 4-Anilino-N-phenethyl-4-piperidine (also known as ANPP); Oripavine; and Tapentadol.
•
Schedule III: 19-Nor-4,9(10)-androstadienedione; Boldione; and Desoxymethyltestosterone.
•
Schedule IV: Carisoprodol and Zopiclone.
•
Schedule V: Ezogabine or any of its salts, isomers, or salts of isomers; and Pregabalin or any of its salts, isomers, or salts of isomers.
The addition of these substances in the Wisconsin Controlled Substances Act will create conformity with the federal Controlled Substances Act.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.11 (1), Wis Stats. The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss.
961.14,
961.16,
961.18,
961.20, and
961.22 pursuant to the rule-making procedures in ch.
227.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Police, state courts, pharmacies, and the Controlled Substances Board.
7. 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
The Drug Enforcement Administration (DEA) has scheduled these substances under the federal Controlled Substances Act.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
None to minimal.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 29, 2013.
Rule No.
Relating to
Additions to schedules in Chapter
961, Wis. Stats.
Rule Type
Both Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR11, and AKB48 are being marketed as “legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to the public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under
21 USC 355.
The U.S. Department of Justice Drug Enforcement Administration published on April 12, 2013, a Notice of Intent to Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cannabinoids into Schedule I.
2. Detailed Description of the Objective of the Proposed Rule
The objective is to schedule UR-144, XLR11, and AKB48 as Schedule I controlled substances.
3. 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 Wisconsin has not scheduled UR-144, XLR11, and AKB48 as Schedule I controlled substances. UR-144, XLR 11, and AKB48 are synthetic cannabinoids on the designer drug market. They have been found laced on plant material and marketed under the guise of herbal incense products. In response to State and Federal control of JWH-018, a transition to new synthetic cannabinoids has been observed. UR-144, XLR11, and AKB48 are structurally related to other synthetic cannabinoids with a core indole structure with JWH-018. Behavioral pharmacology studies show UR-144, XLR 11, and AKB48 are similar to THC and various synthetic cannabinoids which are Schedule I substances. Poison control centers continue to report adverse health effects in response to the abuse of herbal incense products and this abuse is both a public health and safety concern.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 961.11 (1). The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss.
961.14,
961.16,
961.18,
961.20, and
961.22, Wis. Stats., pursuant to the rule-making procedures of ch.
227, Stats.
Section 961.11 (4m). The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under
21 USC 355. Upon receipt of notice under s.
961.25, Stats., the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e), and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under subs. (1), (1m), (1r), and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under subs. (1), (1m), (1r), and (2)
with respect to the substance.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Law enforcement, district attorney offices, Department of Justice, state courts, and the Controlled Substances Board.
7. 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
UR-144, XLR11, and AKB48 are not currently scheduled under the Controlled Substances Act. However, they may be treated as a “controlled substance analog" under the Controlled Substances Act.
The U.S. Department of Justice Drug Enforcement Administration published on April 12, 2013, a Notice of Intent to Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cannabinoids into Schedule I.
8. Anticipated Economic Impact of Implementing the Rule
Minimal to none.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Lab work authorizations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to eliminate the requirement that the written work authorization shall be on a form approved by the board. The proposed rule will also allow for current technologies.
The Dentistry Examining Board identified this proposed rule as part of its Executive Order #61 review to identify ways to reduce the burden on small businesses.
3. 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, the rule states the written work authorization shall be on a form approved by the board. This provision is obsolete in that the board does not approve such forms. The current rule also reflects the technology available in 1972 when the rule was last updated by requiring written lab work authorizations with carbon copies.
The new policy proposed is to eliminate the requirement that the board approve the form. It will also update the rule to reflect current dental practice requirements and technologies for lab work authorizations.
4. 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Dentists and dental laboratories.
7. 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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimum or none.
Contact Person
Sharon Henes, (608) 261-5573.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Applications and Education.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
With the exception of renumbering these chapters to reflect the Department of Safety and Professional Services and the Real Estate Examining Board (the Board), these chapters have had only minor revisions dating back to 1998 and 1999, respectively.
The Board seeks to update, clarify, correct or repeal provisions relating to original, renewal and examination applications; documentation of applications; internal processing of applications and examinations including, but not limited to, parts of original and renewal examinations; and the handling of expired licenses. In addition the Board seeks to update, clarify, correct, or repeal provisions relating to definitions; educational program content, continuing education and requirements for real estate brokers and real estate salespersons; means by which education is presented; and requirements for out-of-state applicants and licensees. Other changes reflect sections repealed by various recently enacted Wis. Acts.
3. 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 proposed changes will serve to clarify, correct, or repeal certain current provisions to recognize contemporary technologies. The alternative is having provisions not reflecting current practices and technologies.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), requires all examining boards to “
…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
227.11 (2) (a), Stats., authorizes all agencies to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes.
Section
452.07 (1), Stats., obligates the Real Estate Examining Board to “
…promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
5. 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 450 hours, depending on the complexity. This includes coordinating the rule-making process with the Board's meeting schedule, conducting research, drafting and processing the proposed rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
These rules may have a minimal affect on any professional organization, approved course provider or instructor, or approved school of learning providing pre-application or continuing education for applicants or licensees.
7. 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-based search of the U.S. Code and the code of federal regulations (CFR) for applications and education relating to the licensing of real estate brokers and real estate salespersons did not reveal any existing or proposed regulations at the federal level.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Any anticipated cost of complying with the proposed rule is deemed minimal to none.
Contact Person
Jean MacCubbin, 608-266-0955.
Workforce Development
Worker's Compensation; Mining Damage Claims,
Chs.
DWD 80-
82
This statement of scope was approved by the governor on May 29, 2013.
Rule No.
Relating to
Audio recording of hearings.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule would create s.
DWD 80.13 that would authorize the parties to worker's compensation cases to make audio recordings of formal hearings in a non-obstructive and non-disruptive manner. With this proposed rule a party may audio record a formal hearing for his or her personal purposes. The audio recording will not be the official record of the hearing. The proposed rule has been approved by the Worker's Compensation Advisory Council.
3. 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 proposed rule was approved by the Worker's Compensation Advisory Council. There is currently no statute or rule that addresses the audio recording of a worker's compensation hearing by the parties to the case. The proposed rule authorizes the parties to the case to audio record a hearing in a manner that will maintain decorum.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
102.15 (2), Stats., provides that subject to ch.
102, Stats., the department may adopt its own rules of procedure and may change the same from time to time. Section
103.005 (1), Stats., provides the department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings. The proposed rule is a procedural rule that will regulate the mode and manner of hearings.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 80 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The parties to worker's compensation cases are the entities that will be affected by the proposed rule. The parties include injured employees with worker's compensation claims, employers, worker's compensation insurance carriers, and self-insured employers.
7. 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
There are currently no existing or proposed federal regulations related to the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The proposed rule will have no economic impact locally or statewide.
Contact Person
For program questions:
Jim O'Malley, Director, Legal Services Bureau
Worker's Compensation Division, DWD
P.O. Box 7901, Madison WI 53707
For rulemaking questions:
Howard Bernstein, DWD Legal Counsel
P.O. Box 7946, Madison WI 53707
