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101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
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101.147 Contractor registration. (1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.
(2) The department shall promulgate rules to administer and enforce this section.
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101.178 (3) (a) The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
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101.63 (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10), of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s.
101.654.
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101.63 (2m) Promulgate rules for certifying the financial responsibility of contractors under s.
101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s.
101.654 and for the suspension and revocation of that certification.
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101.73 (5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.
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101.73 (6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter.
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101.82 (1m) Promulgate rules that establish criteria and procedures for the registration of beginning electricians and for the examination and licensing of different types of electricians, including journeymen electricians and master electricians.
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101.82 (1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
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101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss.
101.951 and
101.952.
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101.96 (2) (c) The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under s.
101.19.
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101.985 (3) The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
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145.02 (4) (a) The department shall prescribe rules as 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. The plumbers council, created under s.
15.407 (16), shall advise the department in formulating the rules.
(b) The department may promulgate rules for the qualification and registration of cross-connection control testers.
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145.15 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s.
15.407 (17), shall advise the department in formulating the rules.
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145.175 An automatic fire sprinkler-maintenance only registration certificate is required before any business establishment may maintain or repair existing automatic fire sprinkler systems in its physical facilities. The department shall, by rule, specify the qualifications for issuing an automatic fire sprinkler-maintenance only registration certificate. The department shall, by rule, specify the activities in which a person holding a registration certificate under this section may engage.
The statutory authority for many of the rule changes affected by
2013 Wisconsin Act 20 can be found under chs.
101,
168, and
440, Stats. Specifically, statutory provisions include:
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101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch.
160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.
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101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
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101.09 (3) (d) The department shall promulgate a rule specifying the fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).
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101.45 (5m) Rules. The department shall promulgate rules for the administration of the program under this section.
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101.143 (2) (b) The department shall promote the program under this section to persons who may be eligible for awards under this section.
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101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), (ah), (am) and (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.
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101.143 (2) (em) 1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under sub. (3) (c) for which a claim for reimbursement under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.
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101.143 (2) (f) The department shall promulgate a rule establishing a priority system for paying awards under sub. (4) for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.
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101.143 (2) (g) The department may promulgate, by rule, requirements for the certification or registration of persons who provide consulting services to owners and operators who file claims under this section. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
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101.143 (2) (h) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:
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101.143 (2) (i) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following: 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions. 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. 3. A definition of “reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards. 4. Procedures to be used to measure concentrations of contaminants.
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101.143 (2) (j) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following: 1. The conditions under which employees of the department of commerce [safety and professional services] and the department of natural resources must issue approvals under sub. (3) (c) 4. Note: The correct agency name is shown in brackets. Corrective legislation is pending. 2. Training and management procedures to ensure that employees comply with the requirements under subd. 1.
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101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s.
20.165 (2) (Lm).
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101.143 (2e) (b) If the department of safety and professional services and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
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101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.
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101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) for whom the deductible is based on financial hardship.
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101.143 (4) (h) 2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.
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101.143 (9) (a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner or operator, person owning a home oil tank system or service provider and the periods for which they must retain those records.
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101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of safety and professional services shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
(b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).
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168.04 (1) The department by rule shall prescribe minimum product grade specifications for gasoline, automotive gasoline, gasoline alcohol fuel blends, reformulated gasoline, as defined in s.
285.37 (1), and kerosene and may prescribe product grade specifications for aviation gasoline, fuel oils, and diesel fuels.
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168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter.
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440.42 (3) (am) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the reporting requirement under par. (a). The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the reporting requirement under par. (a) to a charitable organization that satisfies those criteria.
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440.42 (8) Contribution limits. The department may promulgate rules that adjust the threshold amounts in subs. (3) (a), (b), (bm), and (c) and (5) (a) 3. and (b) to account for inflation.
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440.455 (4) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the disclosure requirements under this section. The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the disclosure requirements under this section to a charitable organization that satisfies those criteria.
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 that for each rule package approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with various advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The current rules of chs.
SPS 135 and
SPS 305 cover the credentialing of blasters, firework manufacturers, building contractors, dwelling contractors, HVAC contractors, welders, electricians, inspectors, plumbers, elevator and lift installers, automatic fire sprinkler installers, soil testers, automatic fire sprinkler testers, manufactured home manufacturers, dealers, salespersons and installers, liquefied gas suppliers, and home inspectors.
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 Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations, existing or proposed, relating to the licensing activities to be regulated under the rules.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
9. Contact Person
Safety and Professional Services —
Pharmacy Examining Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
The operation of the prescription drug monitoring program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Pharmacy Examining Board (Board) seeks to modify ch.
Phar 18 based on feedback and information it has obtained while developing and deploying the Wisconsin Prescription Drug Monitoring Program (PDMP). The modifications would seek to improve the efficiency of the PDMP by ensuring consistency between the language in the rule and how the PDMP functions. Specifically, the Board seeks authorization to consider modifying definitions in ss.
Phar 18.02 and
18.04, to modify the list of required data elements in s.
Phar 18.04, to clarify the language describing the obligation to submit zero reports in s.
Phar 18.06 and the language describing the obligation to notify the department when a dispenser decides to no longer dispense monitored prescription drugs in s.
Phar 18.08, to clarify who may access PDMP data in s.
Phar 18.09, and to modify the language in ss.
Phar 18.10 and
18.11.
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 Board is aware that some provisions of ch.
Phar 18 create inefficiencies and ambiguities that the PDMP has to overcome to be as effective of a tool to combat prescription drug misuse and abuse as it can be. The Board has noted the feedback it has received while developing and deploying the PDMP and has gained considerable expertise in ways to improve the PDMP once it becomes fully operational. All of the modifications the Board seeks to make are based on feedback from stakeholders and PDMP users or other information obtained while developing and deploying the PDMP.
An alternative to the making the modifications is to not make the modifications, which would not enable the Board to improve the PDMP based on information obtained while developing and deploying the PDMP and the feedback of stakeholders and PDMP users.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
In s.
450.19 (2), Stats., the legislature directs the Board to establish rules to govern the PDMP. In s.
961.31, Stats., the legislature also authorizes the Board to promulgate rules relating to the dispensing of controlled substances. Finally, in ss.
15.08 (5) (b), and
227.11 (2) (a), Stats., the legislature confers to the Board the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
6. List with description of all entities that may be affected by the proposed rule
1) Licensees who are authorized to prescribe and dispense controlled substances: Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Pharmacies, Pharmacists, Physicians, Physician Assistants, and Podiatrists
2) Department of Safety and Professional Services Staff.
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 no existing or proposed federal regulations intended to address the activities regulated by 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)
There is no anticipated economic impact of the proposed rule.
Contact Person
Sharon Henes, 608-261-2377.
Workforce Development
Unemployment Insurance, Chs.
DWD 100—150
This statement of scope was approved by the Governor on August 14, 2013.
Rule No.
Relating to
Work registration, work search, and unemployment insurance benefit claiming procedures.
