Register 694B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 694, 10/31/2013

Rule-Making Notices

Notice of Hearing

Administration

NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1) and 227.11 (2) (a), Stats., the Department of Administration will hold a public hearing on the emergency rule and proposed permanent rule to amend Chapter Adm 93, relating to the distribution of Community Development Block Grant funds.

Hearing Information

Date: Monday, November 18, 2013
Time: 2:00 p.m. to 4:00 p.m.
Location: Pecatonica Room, Room No. 132
WI Dept. of Administration Building
101 E. Wilson St., 1st Floor
Madison, WI 53702

Appearance at Hearing and Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rule. Persons appearing may make an oral presentation but are also urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without personal appearance. Written comments on the proposed rule may be submitted to:

Donna Sorenson

Department of Administration

P.O. Box 7864

Madison, WI 53707-7864

Email: donna.sorenson@wisconsin.gov

Fax: (608) 267-3842

The deadline for submitting comments to the Department is 4:30 p.m. on November 19, 2013.

Availability of Rules

Copies of this proposed rule and fiscal estimate are available upon request to Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864, or by email at donna.sorenson@wisconsin.gov.

Analysis Prepared by the Department

Statutes interpreted

Section 16.309, Stats.

Statutory authority

Section 16.309, Stats.

Explanation of agency authority

The Department has been vested with the authority to administer programs funded by Community Development Block Grant (CDBG) program grants received from the federal government pursuant to 42 USC 5301 to 5320. The Department has further been vested with authority to promulgate rules for the administration of said grant funds.

The Department hereby proposes an order to create Wis. Admin. Code Chapter 93.

Related statute or rule

Section 16.309, Stats., and former Wis. Admin. Code Chapter Comm. 108.

Summary and plain language analysis

The objective of the rule is to set forth the criteria the department will use to administer the CDBG program.

Section 1 — The proposed rule will do the following:

a. Reconstitute many portions of the former ch. Comm 108.

b. Decline to reconstitute portions of ch. Comm 108 which added unnecessary confusion by duplicating federal regulations where reference to such regulations will suffice, such as the former ss. Comm 108.04, 108.07, and 108.14 (1).

c. Decline to reconstitute portions of ch. Comm 108 which could vary from year to year, such as the table found in the former s. Comm 108.06.

d. Decline to reconstitute portions of ch. Comm 108 that add complexity to the code without adding meaning, such as point ranges found in the former s. Comm 108.10.

e. Such other changes as are necessary to comply with current HUD requirements, or which will otherwise increase the efficiency or effectiveness of the program and are allowed by HUD requirements.

As of this writing the exact language of the proposed rule is identical to the language of the EmR1309, a complete copy of which is available as noted above or at: https://docs.legis.wisconsin.gov/code/emergency_rules/current/emr1309.

Summary of and comparison with, existing or proposed federal regulations

The proposed chapter of administrative rules arises out of existing federal requirements.

Comparison with rules in adjacent states

All adjacent states have similar administrative code provisions.

Illinois — Eligible applicants must have populations of 50,000 or less and must not be located in an urban county or the 38 cities that receive federal “entitlement" funds. Illinois allows two or more municipalities with similar issues to file a joint application, provided they show a joint effort is required to solve the stated problem. Economic Development may be submitted on an “as-need" basis, there are no deadlines. Applications for both `housing stock upgrades' and public facilities do have deadlines. Another DCEO funding category with no deadline is the “Mobility and Accessibility Rehabilitation Supplement," which provides funding for housing improvement to aid the physically impaired. Municipalities are allowed only one application per category, per program year. All funding provided by CDBG for housing renovation must be specifically for single-family owner occupied.

Iowa — Eligible applicants are municipalities and they may apply directly or on behalf of a sub-recipient and they may file a joint application with another eligible applicant. All applications must include a housing needs assessment; all must demonstrate sustainable community activities. In addition, all award amounts are negotiable, and no project shall exceed 24 months in length. Applicants may submit multiple applications for each of the multiple categories of activity. CBDG funds are distributed into five separate funds, each with their own application rules. Categories include: water and sewer set aside, housing fund, job creation (ED), `contingency,' and the `competitive program,' and each category contains specific rules. The competitive program limits the grant amount to a proportion relative to the applying municipality's size.

Michigan — Eligible applicants have less than 50,000 people and are non-entitlement communities. There are four distinct programs that are similar to Wisconsin's CDBG programs, these are `Infrastructure,' ED, Planning, and Blight Elimination. Minimum Leverage Ratios are required of the majority of activities. Blight elimination projects must provide certification from a Licensed Building Inspector that the project sight meets the definition of blight. Economic Development is subject to strict underwriting guidelines that require projects submit cost quotes from independent third parties. Criminal background checks are also required under this category. All projects must be completed within 24 months from the date the funding is awarded. Downtown development is also a distinct category. Downtown development provides funding for façade improvements for small rural communities, funding is also provide for the acquisition, and renovation of a historic “signature building," in small communities.

Minnesota — State of Minnesota CDBG is part of larger program known as “Small Cities Development Program." The state provides CBDG funding to Housing grants, as well as PF grants, and “Comprehensive Grants," which may be used for Housing, PF, or Economic Development. Minnesota does not appear to set aside money for emergency or contingency grant programs. Minnesota requires any single family rehabilitation projects whose loan comes from CDBG Housing Grant program to comply with state building codes, and a state defined single family rehabilitation standard. Minnesota also requires detailed progress reports on October 15th of each year, as well as an `anti-displacement' plan and the submission of a “drug free work place" plan to DEED. Money provided for affordable housing construction must provide a rental market analysis and ensure fair market rents.

Effect on Small Business

The proposed rule chapter will have no direct impact upon small businesses, as the State may only grant funds to units of local government.

Initial Regulatory Flexibility Analysis

The proposed rule will not affect small businesses.

Fiscal Estimate

The proposed rule chapter will have no impact upon the State's fiscal obligations. A copy of the Fiscal Estimate may be obtained from the agency at no charge by contacting Donna Sorenson at the address, phone number, or e-mail address listed on the first page of this Notice, or at: https://docs.legis.wisconsin.gov/code/emergency_rules/current/emr1309_fe.

Summary of Economic Impact Analysis

Creation of the proposed rule chapter will have a positive impact on the economy of the state by ensuring continued eligibility of the State of Wisconsin to receive additional CDBG grant funds, which are used to promote economic development throughout the state. A copy of the Economic Impact analysis may be obtained from the agency at no charge by contacting Donna Sorenson at the address, phone number or e-mail address listed on the first page of this Notice, or at: https://docs.legis.wisconsin.gov/code/emergency_rules/current/emr1309_fe.

Small Business Regulatory Coordinator

Joe Knilans

sbrrb@wisconsin.gov

(608) 267-7873

Internet Link to Rule

http://docs.legis.wisconsin.gov/code/register/2013/688b/emergency_rules/1/1

Contact Person

Lisa Marks

Department of Administration

Division of Housing

101 E. Wilson Street, 5th Floor

Madison, WI 53702

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Ch. Adm 93, Small Cities Community Development Program for Community and Economic Development
3. Subject
Community Development Block Grant Program
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
X GPR X FED ⍽ PRO ⍽ PRS ⍽SEG ⍽ SEG-S			s. 20.505 (7) (a), (m), (n)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
Documenting compliance with federally required rules on the Community Development Block Grant Program.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Will contact and complete a full summary of information provided by units of local government, consultants and past grantees.
11. Identify the local governmental units that participated in the development of this EIA.
Will identify following the full economic impact analysis.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Overall federal funding remains consistent. The rule may impact certain units of general local government, but fiscal impact can not be predicted.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implementing the rule, is State's ability to document compliance with federally required rules on the Community Development Block Grant Program.
14. Long Range Implications of Implementing the Rule
To maintain compliance with federal regulations.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois — Eligible applicants must have populations of 50,000 or less and must not be located in an urban county or the 38 cities that receive federal “entitlement" funds. Illinois allows two or more municipalities with similar issues to file a joint application, provided they show a joint effort is required to solve the stated problem. Economic Development may be submitted on an “as-need" basis, there are no deadlines. Applications for both `housing stock upgrades' and public facilities do have deadlines. Another DCEO funding category with no deadline is the “Mobility and Accessibility Rehabilitation Supplement," which provides funding for housing improvement to aid the physically impaired. Municipalities are allowed only one application per category, per program year. All funding provided by CDBG for housing renovation must be specifically for single-family owner occupied. Iowa — Eligible applicants are municipalities and they may apply directly or on behalf of a sub-recipient and they may file a joint application with another eligible applicant. All applications must include a housing needs assessment; all must demonstrate sustainable community activities. In addition, all award amounts are negotiable, and no project shall exceed 24 months in length. Applicants may submit multiple applications for each of the multiple categories of activity. CBDG funds are distributed into five separate funds, each with their own application rules. Categories include: water and sewer set aside, housing fund, job creation (ED), `contingency,' and the `competitive program,' and each category contains specific rules. The competitive program limits the grant amount to a proportion relative to the applying municipality's size. Michigan — Eligible applicants have less than 50,000 people and are non-entitlement communities. There are four distinct programs that are similar to Wisconsin's CDBG programs, these are `Infrastructure,' ED, Planning, and Blight Elimination. Minimum Leverage Ratios are required of the majority of activities.. Blight elimination projects must provide certification from a Licensed Building Inspector that the project sight meets the definition of blight. Economic Development is subject to strict underwriting guidelines that require projects submit cost quotes from independent third parties. Criminal background checks are also required under this category. All projects must be completed within 24 months from the date the funding is awarded. Downtown development is also a distinct category. Downtown development provides funding for façade improvements for small rural communities, funding is also provide for the acquisition, and renovation of a historic “signature building," in small communities. Minnesota — State of Minnesota CDBG is part of larger program known as “Small Cities Development Program." The state provides CBDG funding to Housing grants, as well as PF grants, and “Comprehensive Grants," which may be used for Housing, PF, or Economic Development. Minnesota does not appear to set aside money for emergency or contingency grant programs. Minnesota requires any single family rehabilitation projects whose loan comes from CDBG Housing Grant program to comply with state building codes, and a state defined single family rehabilitation standard. Minnesota also requires detailed progress reports on October 15th of each year, as well as an `anti-displacement' plan and the submission of a “drug free work place" plan to DEED. Money provided for affordable housing construction must provide a rental market analysis and ensure fair market rents.
17. Contact Name				18. Contact Phone Number
Lisa Marks				(608) 267-0770

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

ATTACHMENT A

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

n/a

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

n/a

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

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

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

n/a

5. Describe the Rule's Enforcement Provisions

n/a

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

⍽ Yes X No

Notice of Hearing

Employment Relations Commission

CR 13-092

EmR1310

NOTICE IS HEREBY GIVEN that the Wisconsin Employment Relations Commission will hold a public hearing regarding promulgated emergency rules and the proposed creation of permanent rules to create Chapters ERC 70, 71, and 80, relating to annual union certification elections.

Hearing Information

Date: Tuesday, November 19, 2013
Time: 10:00 a.m.
Location: 4868 High Crossing Blvd.
Madison, WI

Appearance at Hearing and Submission of Written Comments

The hearing site is accessible to people with disabilities. However, if you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Peter Davis at 608 243-2421 or peterg.davis@wisconsin.gov.

Comments on the proposed rule should be submitted by November 22, 2013, and can be faxed to (608) 243-2433, emailed to peterg.davis@wisconsin.gov, or mailed/hand-delivered to 4868 High Crossing Blvd., Madison, Wisconsin 53704-7403.

Analysis Prepared by the Commission

Statutes interpreted

The promulgated emergency rules and proposed permanent administrative rules interpret ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b), Stats.

Statutory authority

Sections 111.71, 111.94, 227.11, and 227.24, Stats.

Explanation of agency authority

The Municipal Employment Relations Act and the State Employment Labor Relations Act both require that the Commission adopt administrative rules to regulate various proceedings. In addition, ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b), Stats., require that the Commission assess a fee for each annual certification election and the fee level must be established by administrative rule.

Related statute or rule

None.

Rule summary

By these promulgated emergency rules and proposed rules, the Wisconsin Employment Relations Commission created and proposes to permanently create chs. ERC 70, 71, and 80 concerning the cost, timing, and procedures for any requested annual certification elections required by 2011 Wisconsin Act 10 and 2011 Wisconsin Act 32 to determine whether a bargaining unit of general (i.e., non-public safety and non-transit) employees in the municipal or state sector that is represented by a labor organization for collective bargaining with the employer involved shall continue to be represented by that organization or by another organization or shall not be so represented.

These rules do not require the retroactive conduct of elections that would have been conducted on or before December 1, 2012, and May 1, 2013, but for a March 2012 federal court order enjoining such elections under the State Employment Labor Relations Act and the Commission's related March 2012 determination to suspend the conduct of such elections under the Municipal Employment Relations Act until the federal court litigation was concluded.

These rules are not applicable to the plaintiffs in Case 11CV3744 unless and until the Circuit Court's decision is no longer in effect.

Under these rules, a labor organization continues to represent employees (and thus is eligible to file a certification election petition under these rules) unless that organization lost an initial annual certification election conducted by the Commission or was required to but failed to file a petition for an annual certification election prior to March 2012.

2011 Wisconsin Act 32 requires that the Commission charge a fee for conducting any requested election. These rules require that the labor organization or organizations requesting the election should pay the fee and that the following fee structure applies.

$200: 1 to 100 eligible voters

$350: 101 to 250 eligible voters

$500: 251 to 500 eligible voters

$750: 501 to 1000 eligible voters

$1500: 1001 to 3000 eligible voters

$2000: over 3000 eligible voters

Under these rules, the timing of requested elections is as follows:

• No later than December 1 for units of all general state employees who, as of August 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch. ERC 80). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before August 30;

• No later than December 1 for units of general municipal school district employees who, as of August 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch. ERC 70). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before August 30;

• No later than May 1 for units of general municipal employees who, as of January 30, are not covered by a collective bargaining agreement or are covered by a collective bargaining agreement entered into on or after June 29, 2011 (covered in ch. ERC 71). Unions wishing to continue as the collective bargaining representative must file an election petition and applicable fee on or before January 30.

Under these rules, if a union does not timely file an election petition and fee, the union loses its status as the collective bargaining representative as of the filing deadline.

In each of the new chapters, the first section, Section ERC xx.01, describes the general policy and purpose of chapter.

Section ERC xx.02, include definitions of terms as used in the chapter and defines the scope of application of the chapter as is outlined above.

Sections ERC xx.03(1) limit the right to file a petition to the existing representative and other any labor organization interested in representing the bargaining unit. No provision is made for petitions by employees or by the employer because decertification automatically results if no timely petition is filed by a labor organization.

Sections ERC xx.03(5) provide that no showing of interest is required to support a petition filed by the existing exclusive representative of the bargaining unit, but that a petition filed by another organization must be supported by a 30% showing of interest. The practice and procedure for submission and determination of the showing of interest is made parallel to that in existing s. ERC 11.05 (2), which generally involve a commission determination as to the sufficiency of the showing of interest in the context of the employee personnel data provided by the employer, without providing a copy of the showing of interest to any party other than the party that submitted it.

Sections ERC xx.03(7) specify the time by which a petition must be filed and the consequences that follow from no timely petition being filed by any labor organization. Sections ERC xx.03 (7) (c) each provide that the commission will issue a notice equivalent to a decertification upon the request of any interested party or any affected employee.

Sections ERC xx.04 provide the procedures and consequences of a withdrawal of a petition. Each provides that if withdrawal of a petition leaves no pending timely petition, the consequences are the same as if the existing representative filed the only timely petition, an election was conducted, and no representative achieved the support of 51% of the eligible voters.

Sections ERC xx.05 describe the obligation of the employer and petitioning union(s) to provide the Commission with lists of proposed eligible voters and related information.

Sections ERC xx.06 provide for commission issuance of a direction of election or other dispositional order without an intervening hearing to resolve possible disputes concerning voter eligibility or other matters. In cases where the commission is directing an election, the direction shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by the petitioner or any other interested party, shall be allowed to complete and submit a ballot, subject to the right of any interested party to challenge the eligibility of the voter during post-balloting procedures.

Sections ERC xx.07 provide that all elections are to be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission, with the commission determining on a case by case basis whether the secret balloting shall be conducted on-site, by mail or automated telephone system. Each chapter also contains provisions generally paralleling those in s. ERC 11.09, regarding notice of election, observers, challenge of voters, and count and tally of ballots.

Sections ERC xx.07 (6) provide that if more than one proposed representative appears on the ballot and if at least 51% of the eligible voters favor representation but no single representative receives the votes of at least 51% of the eligible voters, the commission, on receipt of a timely request of any party, may conduct a runoff election as provided in ss. 111.70 (4) (d) 4. or 111.83 (4), Stats.

Sections ERC xx.08 and xx.09 provide procedures concerning the commission's certification of results of election and the filing and service of objections to election.

Sections ERC xx.10 provide procedures for commission action on challenges or objections, including the conduct of a hearing if one is needed.

Sections ERC xx.11 list the consequences of no representative achieving support of 51% of the eligible voters in the election. Those consequences are that the commission will issue a certification of the results of the election decertifying the existing representative, and providing that for 12 months from the date of decertification the affected employees shall be nonrepresented and shall not be included in any substantially similar bargaining unit.

Sections ERC xx.12 outline the procedures by which any person aggrieved by a final order of the commission may file and have processed a petition for rehearing.

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

None.

Comparison of proposed rules with rules promulgated by adjacent state labor relations agencies

Not applicable. A review of the following adjacent state rules reveals none providing procedures for certification elections conducted on an annual or other regularly periodic basis.

AGENCY Name and Source of Rules:

Minnesota Bureau of Mediation Services

Minnesota Rules,

Chapter 5505 - Private Rules

5505.0100 Definitions.

5505.0200 Purpose, Construction, And Waiver.

5505.0300 Request For Investigation.

5505.0400 Required Information.

5505.0500 Notice Of Hearing And Investigation.

5505.0600 Hearings.

5505.0700 Examination Of Witnesses.

5505.0800 Subpoenas.

5505.0900 Determination Of Representative.

5505.1000 Election Procedure.

5505.1100 Challenge Of Voter.

5505.1200 Consent Election.

5505.1300 Certification Order.

5505.1400 Objections To Certification.

5505.1500 Reconsideration Within One Year.

Chapter 5510 - Public Rules

Representation Matters And Fair Share Fee Challenges; Proceedings Before The Commissioner

Negotiation, Mediation, Impasse Certification, Arbitration, And Intent To Strike Notice

Grievance Procedure

Chapter 520 LMC - Grant Rules

Chapter 5530 - Arbitration Roster Rules

5530.0100 Application.

5530.0200 Policy.

5530.0300 Definitions.

5530.0400 Role Of Bureau.

5530.0500 Status Of Arbitrators.

5530.0600 Arbitrator Qualifications.

5530.0700 Appointment To Roster.

5530.0800 Arbitrator Conduct And Standards.

5530.0900 Panel Selections And Referrals.

5530.1000 Arbitration Proceedings.

5530.1200 Performance Measures.

5530.1300 Disciplinary Or Removal Procedures.

Chapter 7315 - Independent Review Rules

7315.0210 Scope.

7315.0300 Policy.

7315.2300 Request For Rehearing.

7315.2400 Petition For Rehearing.

7315.2500 Consideration.

7315.2600 Determination.

7315.2700 Notice Of Rehearing.

7315.2800 Rehearing Procedure.

7315.2900 Decision After Rehearing.

Michigan Public Employment Relations Commission

Michigan Rules

R 423.101 - 423.499 - General Rules

Part 1. General Provisions

Part 2. Mediation Of Labor Disputes

Part 3. Fact Finding

Part 4. Representation Proceedings.

Part 5. Unfair Labor Practice Charges

Part 6. Motion Practice

Part 7. Hearings

Part 8. Filing And Service Of Documents

Part 9. Notice Of Public School Strike Or Lockout

R 423.501 - 423.514 Administration Of Compulsory Arbitration Act For Labor Disputes In

Municipal Police And Fire Departments

Iowa Public Employment Relations Board

Iowa Rules [621]

Chapter 1 General Provisions

Chapter 2 General Practice And Hearing Procedures

Chapter 3 Prohibited Practice Complaints

Chapter 4 Bargaining Unit And Bargaining Representative Determination

Chapter 5 Elections

Chapter 6 Negotiations And Negotiability Disputes

Chapter 7 Impasse Procedures

Chapter 8 Internal Conduct Of Employee Organizations

Chapter 9 Administrative Remedies

Chapter 10 Declaratory Orders

Chapter 11 State Employee Appeals Of Grievance Decisions And Disciplinary Actions

Illinois Labor Relations Board

Title 80: Public Officials And Employees

Subtitle C: Labor Relations

Chapter IV: Illinois Labor Relations Board

Part 1200 General Procedures

Part 1210 Representation Proceedings

Part 1220 Unfair Labor Practice Proceedings

Part 1230 Impasse Resolution

Part 1240 Police Officer Decertification Proceedings

Illinois Educational Labor Relations Board

Title 80: Public Officials and Employees

Subtitle C: Labor Relations

Chapter III: Illinois Educational Labor Relations Board

Part 1100 General Procedures

Part 1105 Hearing Procedures

Part 1110 Representation Procedures

Part 1120 Unfair Labor Practice Proceedings

Part 1125 Fair Share Fee Objections

Part 1130 Collective Bargaining And Impasse Resolution

Part 1135 University Of Illinois Bargaining Units

Summary of factual data

Not applicable.

Initial Regulatory Flexibility Analysis

The emergency rules and proposed rules have no impact on small business.

Fiscal Estimate

Because the filing fees applicable to the annual certification elections are paid by the labor organizations seeking the elections, the emergency rules and proposed rules have no fiscal impact on any public or private sector employer or on the State of Wisconsin.

Economic Impact Analysis

The emergency rules and proposed permanent rules do not have an economic impact on businesses, local governmental units, or individuals. The rules do not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state. The rules provide the benefit of advising affected labor organizations and public sector employers as to how the Commission will conduct the elections mandated by the Legislature. Without the rules, the affected parties would have to guess as to how the elections would be conducted, what the level of the filing fee mandated by 2011 Wisconsin Act 32 will be, and who is obligated to pay said fee. There are no equivalent approaches available for comparison in the federal sector or contiguous states.

Agency Contact Person

Peter G. Davis

Chief Legal Counsel

peterg.davis@wisconsin.gov

(608) 243-2421

Text of Proposed Rule

CHAPTER ERC 70

ANNUAL CERTIFICATION ELECTIONS FOR REPRESENTED MUNICIPAL SECTOR GENERAL SCHOOL DISTRICT EMPLOYEES WHO, AS OF AUGUST 30 ARE NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO ON OR AFTER JUNE 29, 2011.

ERC 70.01 Policy. This chapter implements the portion of s. 111.70 (4) (d) 3. b., Stats., requiring the commission to conduct an annual election, no later than December 1, to determine whether collective bargaining representation shall continue for represented municipal sector general school district employees who, as of August 30, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011. The existing exclusive representative of such employees that wishes to continue said representation, or any other labor organization interested in representing such employees must file a petition on or before August 30 requesting the commission to conduct a secret ballot election to determine whether at least 51% of the bargaining unit employees eligible to vote favor collective bargaining representation by the petitioner or another petitioning labor organization. If no timely petition is filed, the result is the same as if only the existing representative filed a timely petition and the election resulted in decertification of the existing representative. The procedures in this chapter are intended to expedite the processing of a petition so that the ballots are cast as soon as possible following the filing of the petition, while providing for an orderly and fair procedure after the ballots have been cast for resolving outcome-determinative issues concerning which ballots should be counted and any other potentially outcome-determinative issues. Once a timely petition has been filed, an existing representative's exclusive representative status is not adversely affected if the balloting is not concluded or the results of the election are not certified on or before December 1.

ERC 70.02 Scope (1) Bargaining units covered. This chapter applies only to bargaining units of general municipal employees as defined in s. 111.70 (1) (fm), Stats., who, as of August 30, are all of the following:

(a) School district employees.

(b) Represented by an exclusive representative.

(c) Not subject to a collective bargaining agreement or subject to a collective bargaining agreement entered into on or after June 29, 2011.

(2) Bargaining units not covered. This chapter does not apply to bargaining units of employees who, as of August 30, are any of the following:

(a) Public safety employees defined in s. 111.70 (1) (mm), Stats.

(b) Transit employees defined in s. 111.70 (1) (p), Stats.

ERC 70.03 Petition for election. (1) Who may file. A petition for an annual election to determine whether a represented municipal sector general school district employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed by the exclusive representative of a bargaining unit to which this chapter applies or by any other labor organization interested in representing the bargaining unit.

(2) Form. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission's form, and shall include the signature or a facsimile of the signature of the party or representative filing the petition. A petition is not filed unless it is accompanied by the applicable fee established by s. ERC 70.03 (4), contains the required signature or signature facsimile and has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The petition shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the petition is filed in paper form, a total of two copies of the petition shall be included. If a showing of interest in support of the petition is required by sub. (3), the showing of interest shall be transmitted to the commission in paper form by physical delivery or mail. A petition requiring a showing of interest is not filed until both the petition and the showing of interest have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1).

(3) Service on a municipal employer. At the same time the labor organization files a petition for election with the commission, it shall electronically serve a copy of the petition on the municipal employer of the employees the labor organization currently represents or wishes to represent.

(4) Fee schedule. For a bargaining unit of 1-100 eligible voters, the petitioning labor organization shall pay the commission a fee of $200. For a bargaining unit of 101-250 eligible voters, the petitioning labor organization shall pay the commission a fee of $350. For a bargaining unit of 251-500 eligible voters, the petitioning labor organization shall pay the commission a fee of $500. For a bargaining unit of 501-1000 eligible voters, the petitioning labor organization shall pay the commission a fee of $750. For a bargaining unit of 1001-3000 eligible voters, the petitioning labor organization shall pay the commission a fee of $1500. For a bargaining unit of more than 3000 eligible voters, the petitioning labor organization shall pay the commission a fee of $2000. The fee shall be transmitted to the commission by physical delivery or mail. If more than one labor organization files an election petition, each labor organization shall pay its proportionate share of the fee. If the number of eligible voters determined by the commission differs from the number asserted in the petition and results in a change in the applicable fee amount, the petitioning labor organization(s) shall pay the additional fee to the commission or receive a refund, as appropriate.

(5) Showing of interest. No showing of interest is required in support of a petition by the existing representative. A 30% showing of interest is required in support of a petition by any other interested labor organization, regardless of whether any other petition has been filed. Practice and procedure for submission and determination of the showing of interest shall be as set forth in s. ERC 11.05 (2).

(6) Contents. The petition shall include all of the following:

(a) The name, address and affiliation, if any, of the petitioner, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(b) The name and address of the municipal employer involved, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) A description of the bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.

(d) A description of the status of the most recent collective bargaining agreement.

(e) The names and addresses of any known labor organizations who either currently represent or claim to represent any of the personnel in the claimed appropriate collective bargaining unit.

(f) A brief statement including the following:

1. Whether the petitioner is currently the exclusive collective bargaining representative for the bargaining unit.

2. That the petitioner wishes to represent the bargaining unit.

3. That the petitioner requests that the commission conduct an annual certification election to determine whether the bargaining unit shall be represented by the petitioner for purposes of collective bargaining with the municipal employer.

(g) A statement that the petitioner has served a copy of the petition on the municipal employer.

(h) Any other relevant facts.

(7) Time for filing, consequences of failure to timely file, notice. (a) Time for filing. To be timely, a petition must be filed on or before August 30.

(b) Consequences of failure to timely file. If no timely petition is filed by any labor organization, then the following consequences shall apply:

1. If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of August 30. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

2. The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the applicable date in sub. (b). 1.

(c) Notice of consequences of failure to timely file petition. At the request of the municipal employer or of any other interested party, the commission shall issue a notice of the consequences set forth in par. (b). Before issuing such a notice, the commission will provide the exclusive representative an opportunity to respond to the propriety of the request. When issued, copies of the notice will be sent to the municipal employer, the former exclusive representative and any interested party who requested the issuance of the notice.

ERC 70.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party. If the sole pending petition is withdrawn after the petition filing deadline set forth in s. ERC 70.03 (7) (a), then the consequences and notice of consequences of withdrawal of the petition shall be as set forth in ss. ERC 70.03 (7) (b) and (c) but with the date of dismissal of the withdrawn petition applying in place of the date specified in s. ERC 70.03 (7) (a).

ERC 70.05 Action following filing of petition. (1) Furnishing of personnel data by municipal employer. Within 10 days of its receipt of the petition pursuant to s. ERC 70.03, the municipal employer shall furnish to the commission in an electronically sortable format an alphabetical list of the names of the personnel and the last four digits of said personnel's social security numbers who were employed in the collective bargaining unit involved as of the pay period in which the first timely petition was filed or another date specified by the commission. If the commission so directs, the list shall also include the employees' mailing addresses including zip code and the employee's work unit and location. The commission shall designate the number of copies of the paper form list to be provided. If the commission so directs, the municipal employer shall, within the same time period, submit two sets of mailing labels including the employee's name and mailing address, suitable for use in a mail ballot procedure. At the same time the municipal employer furnishes the commission with personnel data, the municipal employer shall furnish the petitioning labor organization with an electronically sortable alphabetical list of the names of the personnel provided to the commission. The period of time for furnishing the personnel data may be extended by the commission for good cause shown.

(2) Response to personnel data. Within 10 days of receipt of the personnel data from the municipal employer, the petitioner shall electronically provide the commission and the municipal employer with an alphabetical list of the names of personnel that should be added to or deleted from the municipal employer's personnel list.

ERC 70.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In cases where the commission is directing an election, the direction shall establish the date on or before which an employee shall have been employed to be eligible to vote. The date shall be a date specified by the commission in the pay period in which the first timely petition was filed under this chapter regarding the bargaining unit, or another date specified by the commission. The direction of election shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by a petitioning labor organization shall be allowed to vote, subject to the right the municipal employer and any petitioning labor organization to challenge the eligibility of the voter.

ERC 70.07 Elections. (1) Nature of balloting; by whom conducted; extension of time to conduct. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case by case basis whether the secret balloting shall be conducted on-site or by mail or by other means determined by the commission to be fair and reliable. The time within which the commission has directed an election to be conducted may be extended by the commission.

(2) Notice of election. The municipal employer shall post notices to personnel concerning the election at times, locations and in a form specified by the commission.

(3) Observers. Any interested party may be represented by observers at on-site election locations and at locations at which vote counts are conducted. Observers shall be selected in accordance with limitations, if any, established by the commission.

(4) Challenge of voters. (a) Who may challenge; nature of challenge. Any party, observer or commission agent conducting the election may challenge, for good cause, the eligibility of any person to vote in the election. The ballots of challenged voters shall be impounded or otherwise segregated without being opened or counted.

(5) Count and tally of ballots. Upon the conclusion of the election, the physical ballots, if any, shall be counted in the presence of the parties or their observers, and the commission agent conducting the election shall furnish a tally of ballots to the parties.

(6) Inconclusive elections. When more than one proposed representative appears on the ballot, if at least 51% of the eligible voters favor representation but no single representative receives the votes of at least 51% of the eligible voters, the commission, on request of any party, may conduct a runoff election as provided in s. 111.70 (4) (d) 4., Stats. A request for a runoff election shall be made within 30 days from the date of the certification of the results of the election.

ERC 70.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, and no runoff election is needed, and no timely objections are filed under s. ERC 70.09, the commission shall issue to the parties a certification of the results of the election.

ERC 70.09 Objections to election. (1) Filing; form; copies. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the election or conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimile of the signature of the party or representative filing the objections. The objections shall contain a brief statement of facts upon which the objections are based. A statement of objections is not filed unless it contains the required signature or signature facsimile and has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The objections shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the objections are filed in paper form, a total of two copies of the objections shall be included.

(2) Service on other parties. The party filing objections shall, at the same time, serve each of the other parties with a copy as set forth in s. ERC 10.07.

ERC 70.10 Commission action on challenges or objections. (1) Hearing. If ballot challenges may affect the election outcome or if objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in ss. ERC 18.06 to 18.08.

(2) After hearing. As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.

(a) If the commission directs that challenged ballots be opened and counted, the ballots shall be opened and counted, and the commission shall issue a revised tally and a certification of election results.

(b) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.

ERC 70.11 Consequences of failure to achieve support of 51% of those eligible to vote in the annual certification election. If no representative is ultimately supported by at least 51% of the employees eligible to vote, the commission will issue a certification of the results of the election including a notice of the following:

(1) If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the date of the commission's certification of results. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

(2) The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the applicable date specified in sub. (1).

ERC 70.12 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and procedure for filing and processing a petition for rehearing shall be as set forth in s. ERC 18.11.

CHAPTER ERC 71

ANNUAL CERTIFICATION ELECTIONS FOR REPRESENTED MUNICIPAL SECTOR GENERAL NONSCHOOL DISTRICT EMPLOYEES WHO, AS OF JANUARY 30, ARE NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO ON OR AFTER JUNE 29, 2011.

ERC 71.01 Policy. This chapter implements the portion of s. 111.70 (4) (d) 3. b., Stats., requiring the commission to conduct an annual election, no later than May 1, to determine whether collective bargaining representation shall continue for represented municipal sector general nonschool district employees who, as of January 30, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011. The existing exclusive representative of such employees that wishes to continue said representation, or any other labor organization interested in representing such employees must file a petition on or before January 30 requesting the commission to conduct a secret ballot election to determine whether at least 51% of the bargaining unit employees eligible to vote favor collective bargaining representation by the petitioner or another petitioning labor organization. If no timely petition is filed, the result is the same as if only the existing representative filed a timely petition and the election resulted in decertification of the existing representative. The procedures in this chapter are intended to expedite the processing of a petition so that the ballots are cast as soon as possible following the filing of the petition, while providing for an orderly and fair procedure after the ballots have been cast for resolving outcome-determinative issues concerning which ballots should be counted and any other potentially outcome determinative issues. Once a timely petition has been filed, an existing representative's exclusive representative status is not adversely affected if the balloting is not concluded or the results of the election are not certified on or before May 1.

ERC 71.02 Scope. (1) Bargaining units covered. This chapter applies only to bargaining units of general municipal employees as defined in s. 111.70 (1) (fm), Stats., who, as of January 30, are all of the following:

(a) Nonschool district employees.

(b) Represented by an exclusive representative.

(c) Not subject to a collective bargaining agreement or subject to a collective bargaining agreement entered into on or after June 29, 2011.

(2) Bargaining units not covered. This chapter does not apply to bargaining units of employees who, as of January 30, are any of the following:

(a) Public safety employees defined in s. 111.70 (1) (mm), Stats.

(b) Transit employees defined in s. 111.70 (1)(p), Stats.

ERC 71.03 Petition for election (1) Who may file. A petition for an annual election to determine whether a represented municipal sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed only by the exclusive representative of a bargaining unit to which this chapter applies or by any other labor organization interested in representing the bargaining unit.

(2) Form. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission's form, and shall include the signature or a facsimile of the signature of the party or representative filing the petition. A petition is not filed unless it is accompanied by the applicable fee established by s. ERC 71.03 (4), contains the required signature or signature facsimile and unless and has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The petition shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the petition is filed in paper form, a total of two copies of the petition shall be included. If a showing of interest in support of the petition is required by sub. (3), the showing of interest shall be transmitted to the commission in paper form by physical delivery or mail. A petition requiring a showing of interest is not filed until both the petition and the showing of interest have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1).

(3) Service on municipal employer. At the same time the labor organization files a petition for election with the commission, it shall electronically serve a copy of the petition on the municipal employer of the employees the labor organization currently represents or wishes to represent.

(6) Contents. The petition shall include all of the following:

(b) The name and address of the municipal employer involved, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) A description of the bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.

(d) A description of the status of the most recent collective bargaining agreement.

(e) The names and addresses of any known labor organizations who either currently represent or claim to represent any of the personnel in the claimed appropriate collective bargaining unit.

(f) A brief statement including the following:

1. Whether the petitioner is currently the exclusive collective bargaining representative for the bargaining unit.

2. That the petitioner wishes to represent the bargaining unit.

(g) A statement that the petitioner has served a copy of the petition on the municipal employer.

(h) Any other relevant facts.

(7) Time for filing, consequences of failure to timely file, notice. (a) Time for filing. To be timely, a petition must be filed on or before January 30.

(b) Consequences of failure to timely file. If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of January 30. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

2. The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the applicable date in sub. (b). 1.

ERC 71.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party. If the sole pending petition is withdrawn after the petition filing deadline set forth in s. ERC 71.03 (7) (a), then the consequences and notice of consequences of withdrawal of the petition shall be as set forth in ss. ERC 71.03 (7) (b) and (c) but with the date of dismissal of the withdrawn petition applying in place of the date specified in s. ERC 71.03 (7) (a).

ERC 71.05 Action following filing of petition. (1) Furnishing of personnel data by municipal employer. Within 10 days of its receipt of the petition pursuant to s. ERC 71.03, the municipal employer shall furnish the commission in an electronically sortable format an alphabetical list of the names of the personnel and the last four digits of said personnel's social security numbers who were employed in the collective bargaining unit involved as of the pay period during which the first timely election petition was filed or another date specified by the commission. If the commission so directs, the list shall also include the employees' mailing addresses including zip code and the employee's work unit and location. If the commission so directs, the municipal employer shall, within the same time period, submit two sets of mailing labels including the employee's name and mailing address, suitable for use in a mail ballot procedure. At the same time the municipal employer furnishes the commission with personnel data, the municipal employer shall furnish the petitioning labor organization with an electronically sortable alphabetical list of the names of the personnel provided to the commission. The period of time for furnishing the personnel data may be extended by the commission for good cause shown.

(2) Response to personnel data. Within 10 days of receipt of the personnel data from the municipal employer, the petitioner shall electronically provide the commission and the municipal employer with an alphabetical listing of the names of personnel that should be added to or deleted from the municipal employer's personnel list.

ERC 71.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In cases where the commission is directing an election, the direction shall establish the date on or before which an employee shall have been employed to be eligible to vote. The date shall be a date specified by the commission in the pay period in which the first timely petition was filed under this chapter regarding the bargaining unit, or another date specified by the commission. The direction of election shall provide that all individuals on the list provided by the municipal employer and on the list, if any, provided by a petitioning labor organization shall be allowed to vote, subject to the right of the municipal employer and any petitioning labor organization to challenge the eligibility of the voter.

ERC 71.07 Elections. (1) Nature of balloting; by whom conducted; extension of time to conduct. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case by case basis whether the secret balloting shall be conducted on-site or by mail or by other means determined by the commission to be fair and reliable. The time within which the commission has directed an election to be conducted may be extended by the commission.

(2) Notice of election. The municipal employer shall post notices to personnel concerning the election at times, locations and in a form specified by the commission.

(5) Count and tally of ballots. Upon the conclusion of the election, the physical ballots, if any, shall be counted in the presence of the parties or their observers. The commission agent conducting the election shall furnish a tally of ballots to the parties.

ERC 71.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, and no runoff election is needed, and no timely objections are filed under s. ERC 71.09, the commission shall issue to the parties a certification of the results of the election.

ERC 71.09 Objections to election. (1) Filing; form; copies. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the election or conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimile of the signature of the party or representative filing the objections. The objections shall contain a brief statement of facts upon which the objections are based. A statement of objections is not filed unless it contains the required signature or signature facsimile and has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The objections shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the objections are filed in paper form, a total of two copies of the objections shall be included.

(2) Service on other parties. The party filing objections shall, at the same time, serve each of the other parties with a copy as set forth in s. ERC 10.07.

ERC 71.10 Commission action on challenges or objections. (1) Hearing. If ballot challenges may affect the election outcome or if objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in ss. ERC 18.06 to 18.08.

(2) After hearing. As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.

(b) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.

ERC 71.11 Consequences of failure to achieve support of 51% of those eligible to vote in the annual certification election. If no representative is ultimately supported by at least 51% of the employees eligible to vote, the commission will issue a certification of the results of the election including a notice of the following:

(1) If no collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as the date of commission's certification of results. If a collective bargaining agreement is in effect, the existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the expiration of the agreement.

ERC 71.12 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and procedure for filing and processing a petition for rehearing shall be as set forth in s. ERC 18.11.

CHAPTER ERC 80

ANNUAL CERTIFICATION ELECTIONS FOR REPRESENTED STATE SECTOR GENERAL EMPLOYEES WHO AS OF AUGUST 30 ARE NOT SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT OR ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO ON OR AFTER JUNE 29, 2011.

ERC 80.01 Policy. This chapter implements the portion of s. 111.83 (3) (b), Stats., requiring that the commission conduct an annual election no later than December 1, to determine whether collective bargaining representation shall continue for represented state sector general employees who, as of August 30, are not subject to a collective bargaining agreement or are subject to a collective bargaining agreement entered into on or after June 29, 2011. The existing exclusive representative of such employees that wishes to continue said representation, or any other labor organization interested in representing such employees, must file a petition on or before August 30 requesting the commission to conduct a secret ballot election to determine whether at least 51% of the bargaining unit employees eligible to vote favor collective bargaining representation by the petitioner or another petitioning labor organization. If no timely petition is filed, the result is the same as if only the existing representative filed a timely petition and the election resulted in decertification of the existing representative. The procedures in this chapter are intended to expedite the processing of a petition so that the ballots are cast as soon as possible following the filing of the petition, while providing for an orderly and fair procedure for resolving outcome determinative issues after the ballots have been cast concerning which ballots should be counted and any other potentially outcome-determinative issues. Once a timely petition has been filed, an existing representative's exclusive representative status is not adversely affected if the balloting is not concluded or the results of the election are not certified on or before December 1.

ERC 80.02 Scope. (1) Bargaining units covered. This chapter applies only to bargaining units that are all of the following:

(a) General state employee bargaining units defined in s. 111.825, Stats.

(b) Represented by an exclusive representative.

(2) Bargaining units not covered. This chapter does not apply to bargaining units of any of the following:

(a) Public safety employees defined in s. 111.81 (15r), Stats.

(b) General state employees who are not represented for purposes of collective bargaining.

ERC 80.03 Petition for election (1) Who may file. A petition for an annual election to determine whether a represented state sector general employee collective bargaining unit shall continue to be represented by an exclusive representative may be filed only by the exclusive representative of a bargaining unit to which this chapter applies or by any other labor organization interested in representing the bargaining unit.

(2) Form. The petition shall be in writing on a form provided by the commission, or a facsimile of the commission's form, and shall include the signature or a facsimile of the signature of the party or representative filing the petition. A petition is not filed unless it is accompanied by the applicable filing fee established by s. ERC 80.03 (3), contains the required signature or signature facsimile and has been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The petition shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the petition is filed in paper form, a total of two copies of the petition shall be included. If a showing of interest in support of the petition is required by sub. (3), the showing of interest shall be transmitted to the commission in paper form by physical delivery or mail. A petition requiring a showing of interest is not filed until both the petition and the showing of interest have been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1).

(3) Service on state employer. At the same time the labor organization files a petition for election with the commission, it shall electronically serve a copy of the petition on the State employer.

(6) Contents. The petition shall include all of the following:

(b) The name and address of the state employer involved, and the name, address and phone number of its principal representative. Fax numbers and e-mail addresses shall be included, if available.

(c) A description of the statutory bargaining unit involved, specifying inclusions and exclusions, as well as the approximate number of personnel in the unit.

(d) A description of the status of the most recent collective bargaining agreement.

(e) The names and addresses of any known labor organizations who either currently represent or claim to represent any of the personnel in the claimed appropriate collective bargaining unit.

(f) A brief statement including the following:

1. Whether the petitioner is currently the exclusive collective bargaining representative for the bargaining unit.

2. That the petitioner wishes to continue to represent the bargaining unit.

3. That the petitioner requests that the commission conduct an annual certification election to determine whether the bargaining unit shall continue to be represented by the petitioner for purposes of collective bargaining with the state employer.

(g) A statement that the petitioner has served a copy of the petition on the employer.

(h) Any other relevant facts.

(7) Time for filing, consequences of failure to timely file, notice. (a) Time for filing. To be timely, a petition must be filed on or before August 30.

(b) Consequences of failure to timely file. If no timely petition is filed by any labor organization, then the following consequences shall apply:

1. The existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of August 30.

2. The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the applicable date in sub. (b) 1.

(c) Notice of consequences of failure to timely file petition. At the request of the State employer or of any employee in the bargaining unit involved, the commission shall issue a notice of the consequences set forth in par. (b). Before issuing such a notice, the commission will provide the exclusive representative an opportunity to respond to the propriety of the request. When issued, copies of the notice will be sent to the State employer, the former exclusive representative and any interested party who requested the issuance of the notice.

ERC 80.04 Withdrawal of petition. Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission. A motion to withdraw shall be granted unless withdrawal would result in an injustice to any party. If the sole pending petition is withdrawn after the petition filing deadline set forth in s. ERC 80.03 (7) (a), then the consequences and notice of consequences of withdrawal of the petition shall be as set forth in ss. ERC 80.03 (7) (b) and (c) but with the date of dismissal of the withdrawn petition applying in place of the date specified in s. ERC 80.03 (7) (a).

ERC 80.05 Action following filing of petition. (1) Furnishing of personnel data by state employer. Within 10 days of its receipt of the petition pursuant to s. ERC 80.03, the State employer shall furnish the commission in an electronically sortable format an alphabetical list of the names of the personnel and the last four digits of said personnel's social security numbers who were employed in the collective bargaining unit involved as of the pay period during which the first timely election petition was filed or another date specified by the commission. If the commission so directs, the list shall also include the employees' mailing addresses including zip code and the employee's work unit and location. If the commission so directs, the State employer shall, within the same time period, submit two sets of mailing labels including the employee's name and mailing address, suitable for use in a mail ballot procedure. At the same time the State employer furnishes the commission with personnel data, the State employer shall furnish the petitioning labor organization with an electronically sortable alphabetical list of the names of the personnel provided to the commission. The period of time for furnishing the personnel data may be extended by the commission for good cause shown.

(2) Response to personnel data. Within 10 days of receipt of the personnel data from the State employer, the petitioner shall electronically provide the commission and the State employer with an alphabetical list of the names of personnel that should be added to or deleted from the State employer's personnel list.

ERC 80.06 Direction of election or other dispositional order. As soon as possible after receipt and service of the personnel data, the commission shall, in writing, either direct an election, dismiss the petition, or make other orders regarding the disposition of the petition. In cases where the commission is directing an election, the direction shall establish the date on or before which an employee shall have been employed to be eligible to vote. The date shall be a date specified by the commission in the pay period in which the first timely petition was filed under this chapter regarding the bargaining unit, or another date specified by the commission. The direction of election shall provide that all individuals on the list provided by the State employer and on the list, if any, provided by a petitioning labor organization, shall be allowed to vote, subject to the right of the State employer and any petitioning labor organization to challenge the eligibility of the voter.

ERC 80.07 Elections. (1) Nature of balloting; by whom conducted; extension of time to conduct. All elections shall be conducted by secret ballot and under the supervision of the commission or impartial agents designated by the commission. The commission shall determine on a case by case basis whether the secret balloting shall be conducted on-site or by mail or by other means determined by the commission to be fair and reliable. The time within which the commission has directed an election to be conducted may be extended by the commission.

(2) Notice of election. The State employer shall post notices to personnel concerning the election, at times, locations and in a form specified by the commission.

(6) Inconclusive elections. When more than one proposed representative appears on the ballot, if at least 51% of the eligible voters favor representation but no single representative receives the votes of at least 51% of the eligible voters, the commission, on request of any party, may conduct a runoff election as provided in s. 111.83 (4), Stats. A request for a runoff election shall be made within 30 days from the date of the certification of the results of the election.

ERC 80.08 Certification of results of election. If challenged ballots are insufficient in number to affect the results, and no runoff election is needed, and no timely objections are filed under s. ERC 80.09, the commission shall issue to the parties a certification of the results of the election.

ERC 80.09 Objections to election. (1) Filing; form; copies. Within 8 days after receiving the tally of ballots, any party may file with the commission objections to the conduct of the election or conduct affecting the results of the election. Objections shall be in writing and shall include the signature or a facsimile of the signature of the party or representative filing the objections. The objections shall contain a brief statement of facts upon which the objections are based. A statement of objections is not filed unless it contains the required signature or signature facsimile and unless and until it has been actually received by the commission at its Madison office during normal business hours specified in s. ERC 10.06 (1). The objections shall be transmitted to the commission as set forth in s. ERC 10.06 (1). If the objections are filed in paper form, a total of two copies of the objections shall be included.

(2) Service on other parties. The party filing objections shall, at the same time, serve each of the other parties with a copy as set forth in s. ERC 10.07.

ERC 80.10 Commission action on challenges or objections. (1) Hearing. If ballot challenges may affect the election outcome or if objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in ss. ERC 18.06 to 18.08.

(2) After hearing. As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.

(b) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.

ERC 80.11 Consequence of failure to achieve support of 51% of those eligible to vote in the annual certification election. If no representative is ultimately supported by at least 51% of the employees eligible to vote, the commission will issue a certification of the results of the election including a notice of the following:

(1) The existing representative shall no longer be entitled to exclusive representative status for purposes of collective bargaining as of the date of the commission's certification of results.

(2) The employees in the bargaining unit shall not be included in a substantially similar collective bargaining unit for at least a period of one year following the date specified in sub. (1).

ERC 80.12 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and procedure for filing and processing a petition for rehearing shall be as set forth in s. ERC 18.11.

Effective Date.

These permanent rules shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—,
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs. NR 200—
Environmental Protection — Air Pollution Control,
Chs. NR 400—
Environmental Protection — Solid Waste Management, Chs. NR 500—
Environmental Protection — Water Supply,
Chs. NR 800—

CR 13-057

(DNR # WA-14-13)

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.16 and 227.17, Wis. Stats, the Department of Natural Resources, hereinafter the Department, will hold two public hearings on proposed rule revisions required by Section 103 of 2013 Wisconsin Act 1, the Ferrous Mining Law. The proposed rules revise sections of chs. NR 130, 131, 132, 182, 500 to 538, and other chapters of the Wisconsin Administrative Code that contain exemptions (NR 103, 123, 135, 140, 213, 214, 406, 812, and 815, Wis. Adm. Code) for nonferrous mining as required by Section 103 of 2013 Wisconsin Act 1. The public hearing will be held on the dates, times and locations listed below.

The Department has proposed these modifications to certain existing rules in order to conform with the statutory changes contained in 2013 Wisconsin Act 1, as required by section 103 of the Act. No changes other than those mandated by section 103 are proposed. The proposed rules apply statewide and are not specific to any one project. The proposed rules clarify that ferrous mining activities are regulated by subchapter III of chapter 295 and nonferrous mining activities are regulated under chapter 293 and the nonferrous mining regulations.

Hearing Information

Date: Monday, November 11, 2013
Time: 4:00 p.m. to 7:00 p.m..
Location: WI Indianhead Technical College
Room 305
2100 Beaser Avenue
Ashland, WI

Date: Friday, November 15, 2013
Time: 1:00 p.m. to 4:00 p.m..
Location: WI Dept. of Natural Resources (GEF 2)
Room G09
101 South Webster Street
Madison, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Jane Washburn, Bureau of Waste and Materials Management, 101 S. Webster St, Madison, WI, 53707; by e-mail to jane.washburn@wisconsin.gov or by calling (608) 266-2111. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and fiscal estimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link: https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Jane Washburn, Wisconsin Department of Natural Resources, Bureau of Waste and Materials Management, 101 S. Webster St, Madison, WI, 53707, or by calling (608) 266-2111.

Submitting Comments

Comments on the proposed rule must be received on or before Monday, December 2, 2013. Written comments may be submitted by U.S. mail, fax, e-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Mail: Mining Rule Comments — WA/5

Bureau of Waste and Materials Management

101 South Webster Street

Madison, WI 53707 - 7921

Email: DNR WA Mining Rules —

DNRWAMININGRULES@wisconsin.gov

Fax: (608) 267-2768

Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet Web site at http://adminrules.wisconsin.gov.

Analysis Prepared by the Department

Statutes interpreted

In promulgating these rules, section 103 of 2013 Wisconsin Act 1 has been interpreted as authorizing rule revisions. Section 103 is a non-statutory provision directing the Department to revise certain rules and to clarify the rules' applicability to ferrous mining activities that are regulated under the new provisions of subchapter III of Chapter 295, Wis. Stat.

Statutory authority

Section 103 of 2013 Wisconsin Act 1.

Explanation of agency authority

2013 Wisconsin Act 1 modified existing laws relating to metallic mining and created a new subchapter, subchapter III of chapter 295, for the regulation of ferrous metallic mining. A “ferrous mineral" is an ore that exists primarily in the form of an iron oxide, including taconite and hematite. Section 103 of 2013 Wisconsin Act 1 directs the Department to propose revisions to certain rules so that the rules are consistent with subchapter III of chapter 295 and with the other statutory revisions made by 2013 Wisconsin Act 1.

• Section 103 (1) (a) of 2013 Wisconsin Act 1 directs the Department to revise the mining regulations in chapters NR 130, 131, 132, and 182, Wis. Adm. Code to clarify that these rules do not apply to ferrous metallic mining regulated under subchapter III of ch. 295, Stats.

• Section 103 (1) (b) of 2013 Wisconsin Act 1 directs the Department to revise the solid waste rules in chapters NR 500 to 555 and the hazardous waste rules in chapters NR 660 to 679, Wis. Adm. Code so that the rules are consistent with the provisions of subchapter III of ch. 295, Stats.

• Section 103 (1) (c) of 2013 Wisconsin Act 1 directs the Department to revise any rules that provide exemptions for nonferrous mining or associated activities to provide the same exemptions for ferrous mining and associated activities.

Related statutes or rules

Exemptions for metallic mining appear in sections of the Wisconsin Administrative Code relating to water quality standards for wetlands (s. NR 103.06), the well compensation program (s. NR 123.02), nonmetallic mining (s. NR 135.02), groundwater quality (s. NR 140.03), industrial lagoons (s. NR 213.02), land treatment of industrial liquid wastes (s. NR 214.02), air program construction permits (s. NR 406.08), well construction and pump installation (s. NR 812.02), and injection wells (ss. NR 815.03 (30) (Note), 815.06, and 815.11).

Plain language analysis

The objective of the proposed rules is to implement 2013 Wisconsin Act 1. The proposed rules clarify that ferrous mining activities are regulated under the new subchapter III of Chapter 295, Wis. Statutes created by 2013 Wisconsin Act 1. The proposed rules 1) revise the mining regulations in chapters NR 130, 131, 132, and 182, Wis. Adm. Code, to clarify that these rules apply only to nonferrous mining; 2) revise the solid waste regulations in chapters NR 500 through 538 to be consistent with the new ferrous mining law and to clarify that the rules apply only to solid waste facilities that are not regulated under the mining laws; and 3) revise sections of other regulations that currently provide an exemption for metallic mining activities so that the rules are consistent with 2013 Wisconsin Act 1.

The Department has reviewed all NR chapters and has proposed amendments to those rules where amendments are required by section 103 of 2013 Wisconsin Act 1. The proposed rules generally add language to specific sections so that the rules are consistent with the new ferrous mining law, subch. III of ch. 295, Wis. Statutes, and with other statutory amendments made by 2013 Wisconsin Act 1.

The Department has determined that some rules identified in section 103 do not require revision. The Department has not proposed revisions to chs. NR 540 to 555 of the solid waste rules because these rules do not apply to metallic mining. The Department has not proposed revisions to chs. NR 660 to 679, the hazardous waste rules, because the applicable rules are required by federal law and thus the existing rules are in accordance with the new ferrous mining law.

The Department has also determined that certain rules identified in the scope statement do not require amendment. No changes to ch. NR 150, Wis. Adm. Code, are needed in this Board Order because a separate Board Order, OE-46-10, proposes to amend ch. NR 150 in a way that complies with 2013 Wisconsin Act 1. The proposed revision to ch. NR 150 (which was approved for public hearing by the Natural Resources Board in February 2013) includes a s. NR 150.30 (j) that applies equally to ferrous and nonferrous mining and that provides generally that if there are conflicting procedures for environmental review in other statutes, those procedures govern. No changes are required to the fee exemption provision of ch. NR 216 provided for nonferrous metallic mining storm water permits because no storm water permit fee will be required for a ferrous mining storm water permit application. No changes are required in ch. NR 350 because the applicable provisions in ch. NR 350 are consistent with the statutory provisions for regulation of ferrous and nonferrous mining.

Summary and comparison with existing and proposed federal regulations

The changes in state law made by 2013 Wisconsin Act 1 and the changes in state rules proposed in this Board Order apply to the State of Wisconsin's regulation of mining activity. All applicable federal laws continue to apply to proposed ferrous and nonferrous mining activities. The proposed changes do not conflict with any applicable federal laws and regulations.

Both ferrous and nonferrous metallic mining activities must meet the requirements of federal laws such as the Clean Water Act, 42 U.S.C. ss. 1342, and the Clean Air Act, 42 U.S.C. ss. 4209. These federal laws are administered by EPA and the U.S. Army Corps of Engineers (ACOE). In addition, hazardous wastes are subject to federal hazardous waste laws under RCRA, Subtitle C, although mining wastes are generally exempt from federal hazardous waste laws under the Bevill Exclusion (42 U.S.C. s. 6921 (b) (3) (A)).

The ferrous metallic mining statute, s. 295.51 (1e) (b), specifies that mining wastes that are hazardous are subject to regulation under subchapter III of chapter 295, and not under chs. NR 660 to 679, the state's hazardous waste rules, except as necessary to comply with applicable federal hazardous waste regulations adopted under the federal Resource Conservation and Recovery Act, 42 U.S.C. ss. 6901 to 6991m (RCRA). The Department is authorized by the EPA to administer the federal hazardous waste program in Wisconsin. The state is required to have regulations that are at least as stringent as those required by federal law. State hazardous waste rules that identify when a waste is hazardous (e.g., if the waste has certain characteristics or meets specific listings) parallel and are equivalent to the federal hazardous waste regulations. State regulations that identify when a mining waste is exempt from regulation also exactly parallel to federal law under the Bevill Exclusion. Because the applicable state regulations in chs. NR 660 to 679 are necessary to comply with federal hazardous waste regulations, no changes are proposed in these chapters.

Comparison of similar rules in adjacent states

The Department's proposed rules implement changes required by 2013 Wisconsin Act 1. The Department has not prepared a detailed analysis of ferrous mining rules in adjacent states. In a memorandum dated October 26, 2011, the Wisconsin Legislative Council prepared an analysis of the mine permitting process in adjacent States at the request of the Senate Select Committee On Mining Jobs. The analysis is titled, “Ferrous Mining Permit Application Process in Wisconsin, Minnesota, and Michigan." At present, both Minnesota and Michigan have active ferrous mining operations.

Summary of factual data and analytical methodologies

The Department reviewed current rules to determine if amendments were required by section 103 of 2013 Wisconsin Act 1. The Department did not conduct any other analysis or use specific data to support the proposed changes to the rules. The Department made no changes other than those directed by section 103.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis:

The department did complete the Fiscal Estimate and Economic Impact Analysis form [DOA-2049 (RO3/2012)] as part of this rule analysis.

Effect on Small Business (Initial Regulatory Flexibility Analysis)

The Department does not believe these proposed rule changes will affect small businesses.

The Small Business Regulatory Coordinator may be contacted at smallbusiness@dnr.state.wi.us, or by calling (608) 266-1959.

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The Department believes the proposed rule changes will have no economic effects as the proposed rule changes simply act to ensure the rules are consistent with current statutory provisions governing ferrous and nonferrous metallic mining. Consequently, the Department believes the promulgation of these proposed rule changes will have no economic effect on small or large businesses or on state or local governments. This rule drafting effort followed the direction set forth in section 103 of 2013 Wisconsin Act 1 to clarify the applicability of existing metallic mining administrative rules to nonferrous mining activities regulated under subchapter III of chapter 295, as described in Wisconsin Act 1. The proposed rules clarify the applicability of administrative rules to ferrous and nonferrous mining activities and will align administrative codes to the current mining law. To the extent that there are economic impacts due to changes in the law, those impacts will come from the changes made by the Legislature, not these proposed rule changes.

The Department believes these proposed rule changes, in and of themselves, will not have an economic impact on any private sector businesses and consequently the significance level of these rules will be minimal.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
⍽ Original X Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Several Administrative codes: Chapters NR 130, 131, 132, and 182, Wis. Adm. Code relating to metallic mining, Chapters NR 500 to 518, 524, 528 and 538, Wis. Adm. Code relating to solid waste management, and, Chapters NR 103, 123, 135, 140, 213, 214, 406, 812, and 815, Wis. Adm. Code to provide the same exemptions for ferrous mining and associated activities that exist for nonferrous mining activities.
3. Subject
Implementation of Section 103 of Wisconsin Act 1. The proposed rules will revise the following: • Chapters NR 130, 131, 132, and 182, Wis. Adm. Code and other rules promulgated under section 293.13 (1) (a) of the statutes to clarify these chapters do not apply to ferrous metallic mining, • Chapters NR 500 to 518, 524, 528, and 538, Wis. Adm. Code and any other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so these rules are consistent with ferrous mining law, subch. III of chapter 295 of the statutes, and, • Other rules that provide exemptions for nonferrous mining or associated activities to provide the same exemptions for ferrous mining and associated activities in accordance with 2013 Wisconsin Act 1.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽SEG ⍽ SEG-S			No
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
These proposed rule changes do not address a specific policy problem, but rather align administrative rules with current law as directed by section 103 of 2013 Wisconsin Act 1. The changes will clarify the applicability of existing metallic mining administrative rules and 2013 Wisconsin Act 1.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The Department does not believe the proposed rule changes will have any economic impacts. However, the Department did solicit comments on a draft of this Fiscal Estimate / Economic Impact Analysis (FE/EIA) from parties that could be interested in the proposed rule changes. These interested parties included Native American Tribes, environmental groups, federal environmental agencies, mining companies, business associations, etc. The Department received one response letter from the Red Cliff Band of Lake Superior Chippewa. The letter states that the Fiscal Estimate/Economic Impact Analysis is inherently flawed. However, the Band's comments appear directed primarily to 2013 Wisconsin Act 1 and potential future mining activity. The Department believes that the proposed rules will not have an economic impact on Native American Tribes or tribal members.
11. Identify the local governmental units that participated in the development of this EIA.
The Department shared the draft of this FE/EIA with local government representatives. The Department did not receive comments from local governments or from associations representing local governments. The Department does not believe the proposed changes will have economic impacts to local governments.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The Department believes the proposed rule changes will have no economic effects as the proposed rule changes simply act to ensure the rules are consistent with current statutory provisions governing ferrous and nonferrous metallic mining. Spending will not be affected as the changes should not influence commercial activities related to mining. The proposed rules clarify the applicability of administrative rules to ferrous and nonferrous mining activities and will align administrative codes to the current mining law. The changes do not affect the location or quantity of ferrous or nonferrous metallic material that may be mined as the amount and location of mining activities is driven by location of the mineral deposit. Spending will not be affected as the changes should not influence commercial activities related to mining.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rules will provide for a more clear understanding, and consistent implementation, of administrative rules as they apply to mining activities. Other alternatives were not considered because this approach is directed in the non-statutory provisions of section 103 of 2013 Wisconsin Act 1.
14. Long Range Implications of Implementing the Rule
The proposed rules clarify the applicability of the Department's administrative rules to both ferrous and nonferrous mining activities.
15. Compare With Approaches Being Used by Federal Government
The changes in state law made by the 2013 Wisconsin Act 1 and the proposed changes in state administrative rules constitute the State of Wisconsin's regulation of mining activity. All applicable federal laws continue to apply to proposed ferrous and nonferrous mining activities. The proposed rule changes do not conflict with any applicable federal laws and regulations. Both ferrous and nonferrous metallic mining activities must meet the requirements of federal laws such as the Clean Water Act and the Clean Air Act administered by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE).
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The Department's proposed rules implement changes required by the 2013 Wisconsin Act 1. In a memorandum dated October 26, 2011, the Wisconsin Legislative Council prepared an analysis of the mine permitting process in adjacent States at the request of the Senate Select Committee On Mining Jobs. The analysis is titled, “Ferrous Mining Permit Application Process in Wisconsin, Minnesota, and Michigan". A copy of this analysis will be provided upon request. At present, both Minnesota and Michigan have active ferrous mining operations. Neither Iowa or Illinois have active metallic mining programs. Iowa does not have metallic mining regulations. Illinois regulations for mining are focused on specific areas covering mine reclamation, mine safety, abandoned mines, and oil & gas.
17. Contact Name				18. Contact Phone Number
Edward Lynch				(608) 267-0545

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

Notice of Hearing

Natural Resources

Environmental Protection —
Air Pollution Control, Chs. NR 400—

CR 13-089

(DNR # AM-19-13)

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.16 and 227.17, Wis. Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing to consider modification of requirements under subch. III of ch. NR 446, Wis. Adm. Code, related to the control of mercury emitted by coal-fired electric generating units, on the date and at the time and location listed below.

Hearing Information

Date: Tuesday, November 12, 2013
Time: 10:00 a.m..
Location: Natural Resources State Office Building
Room 713
101 South Webster Street
Madison, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St., Madison, WI 53703; by email to robert.eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and the fiscal estimate and Economic Impact Analysis

The proposed rule and supporting documents, including the fiscal estimate and economic impact analysis, may be viewed and downloaded from the Administrative Rules System Website at https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=14923. If you do not have internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate and economic impact analysis, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St., Madison, WI, 53703, or by calling (608) 266-2856.

Submitting Comments

Comments on the proposed rule must be received on or before November 14, 2013. Written comments may be submitted by U.S. mail, fax, email, or through the internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Tom Karman

Department of Natural Resources

Bureau of Air Management (AM/7)

101 S. Webster St., Madison, WI 53703

Phone: (608) 264-8856

Fax: (608) 267-0560

E-mail: thomas.karman@wisconsin.gov

Internet: Use the Administrative Rules System Website (requires registration) at https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=14923.

Analysis Prepared by the Department

Statutes interpreted

Sections 227.11 (2) (a) and 285.11 (9), Wis. Stats.

Statutory authority

Sections 227.11 (2) (a) and 285.11 (9), Wis. Stats.

Explanation of agency authority

Wisconsin statute s. 227.11 (2) (a) authorizes the Department to promulgate rules interpreting the provisions of any statutes enforced or administered by it. Wisconsin statute s. 285.11 (9) authorizes the Department to prepare and adopt minimum standards for the control of mercury emissions.

Related statutes or rules

This proposed rulemaking affects control of mercury emissions as required under subchs. II and III of ch. NR 446, Wis. Adm. Code. These rules were established in 2008 under authority of s. 285.11 (9), Wis. Stats., which in turn refers to requirements under s. 285.27 (2) (b), Wis. Stats. The latter statute allows promulgation of state emissions limitations for hazardous pollutants only if there is a finding that control of emissions is needed to protect human health and welfare. A health and welfare finding was made for the 2008 mercury rulemaking process.

Wisconsin statute s. 285.27 (2) (d) specifies that sources of hazardous air pollutants are exempt from state rule requirements when emissions are regulated by federal rules promulgated under section 112 of the Clean Air Act (CAA). This means that electric generating utilities (EGUs) will be exempt from requirements under subchs. II and III of ch. NR 446, Wis. Adm. Code, when their mercury emissions are regulated under the federal Mercury and Air Toxics Standards (MATS) and Industrial, Commercial and Institutional (ICI) Boiler rules.

Plain language analysis

Mercury emitted by coal-fired EGUs is regulated by the state under subchs. II and III of ch. NR 446, Wis. Adm. Code. This administrative code is commonly referred to as the “state mercury rule" with subchapter II referred to as phase 1 and subchapter III as phase 2. The action proposed in this Board Order will delay the initial compliance date for emission reductions required under phase 2 of the state mercury rule until April 16, 2016.

Under phase 2 of the original state mercury rule, 31 EGUs are required to achieve 90 percent control of mercury by January 1, 2015. Currently, these EGUs are subject to a 40 percent control requirement under phase 1 of the state mercury rule. Phase 2 of the state mercury rule will also require four smaller EGUs not affected under phase 1 to begin operating best available control technology (BACT) by January 1, 2015.

The same coal-fired EGUs subject to the state mercury rule will also be subject to mercury emission limits under one of two recently promulgated federal rules: the MATS rule or the ICI Boiler rule. EGUs subject to the MATS rule must demonstrate compliance by April 16, 2015. The EGUs subject to the ICI Boiler rule must demonstrate compliance by January 31, 2016. However, individual EGUs may request a one-year extension to any federal rule regulating hazardous air pollutant emissions as allowed under section 112 of the Clean Air Act.

Under the current schedule of compliance dates, EGUs will be subject to phase 2 of the state rule three and a half months before compliance is required under the MATS rule and thirteen months before compliance is required under the ICI Boiler rule. However, according to s. 285.27 (2) (d), Wis. Stats., EGUs will be exempt from state mercury rule requirements when mercury emissions are regulated under the federal rules. Therefore, under the current compliance schedules, EGUs would comply with phase 2 of the state mercury rule for only a short period of time.

The Department has concluded that requiring compliance with phase 2 of the state mercury rule for a short period of time is not warranted for a number of reasons. First, state law directs that mercury emissions will be regulated in the long-term by any promulgated federal requirement. Second, the Department believes that meeting requirements of both the state and federal rules adds complexity, cost, and compliance burden for the affected EGUs. Lastly, with the federal rules becoming effective on April 16, 2015 and January 31, 2016, and the state rule no longer applicable after those dates, delaying the state mercury rule requirements will not result in higher levels of mercury emissions compared to implementing only the state rule.

Therefore, the Department is proposing to delay the compliance date for phase 2 of the state mercury rule from January 1, 2015 to April 16, 2016. The Department is proposing this date to accommodate individual EGUs subject to the MATS rule that may require a one-year extension. It is the Department's opinion that EGUs affected by the ICI Boiler rule will not request a one-year extension and therefore will not require the compliance date for phase 2 of the state mercury rule to be one year after the ICI Boiler rule's compliance date.

In summary, this rule change will achieve the following objectives:

• Allows EGUs to comply with only the federal rules and not phase 2 of the state mercury rule at this time, thus simplifying administrative requirements, compliance planning, and installation of equipment which will avoid undue cost.

• Maintains the existing state mercury rule requirement for 40 percent mercury control, as provided under subch. II of ch. NR 446, Wis. Adm. Code, until the affected EGUs regulate mercury emissions in accordance with the federal standards.

• Maintains state mercury rule phase 2 emission standards, under subch. III of ch. NR 446, Wis. Adm. Code, in the event that the federal rules are delayed or rescinded. Maintaining the state mercury rule in a backup position will ensure that the state health and welfare finding requiring mercury control is fulfilled within a practical time-frame.

• Accommodates EGUs that may require a one-year extension to the MATS rule compliance date of April 16, 2015, as allowed under section 112 of the CAA. As stated above, it is the Department's opinion that EGUs will not require an extension in meeting requirements of the ICI Boiler rule, therefore the compliance date in this rulemaking is only extended to April 16, 2016, in order to address a possible extension that may be requested by EGUs affected by the MATS rule.

Information and analysis supporting this rule change are provided in the report “Wisconsin's State Mercury Air Emission Rule." This report was presented to the Natural Resources Board on May 22, 2013. At that time, the Board approved the report's recommendation to extend the compliance date for meeting requirements under subch. III of ch. NR 446, Wis. Adm. Code to April 16, 2016.

Summary and comparison with existing and proposed federal regulations

As discussed in Item 5 of this Board Order, mercury emitted by 35 coal-fired boilers will be regulated under phase 2 of the state mercury rule beginning January 1, 2015. Mercury emission standards will apply to these same EGUs under either the federal MATS beginning on April 16, 2015, or the ICI Boiler rule beginning on January 31, 2016. The resulting control and mercury emission levels anticipated under either the state or federal rules are summarized in the following table. Emissions are presented through 2021 in order to show the effects of delayed implementation of mercury reductions under the state mercury rule multi-pollutant compliance option. A detailed comparison of the state and federal rules is presented in the report provided to the Natural Resources Board on May 22, 2013. The information in the table shows that the state and federal rules are expected to achieve comparable mercury emission reductions.

Year	State Rule Compliance		Federal Rule Compliance
	Percent Control	Remaining Hg Emissions (lbs.)	Percent Control	Remaining Hg Emissions (lbs.)
2015	83 – 87%	550 – 743	84 – 86%	584 – 663
2016	83 – 87%	550 – 743	87 – 89%	446 – 558
2021	89 – 92%	345 – 449	87 – 89%	446 – 558

Note: Percent control is measured from the baseline uncontrolled emissions of 4,275 pounds per year as determined under s. NR 446.06, Wis. Adm. Code. The baseline uncontrolled emissions are the average of uncontrolled emissions for 2002, 2003, and 2004.

Comparison of similar rules in adjacent states

The federal MATS and ICI Boiler rules will affect EGUs in adjacent states in the same manner as EGUs in Wisconsin. Like Wisconsin, some of these states also have existing state mercury emission standards in place. These states are responding in a variety of ways, as summarized in the following table:

State	Existing State Hg Rule (Y/N)	Response to Federal MATS
Illinois	Yes	Have not considered state response to federal MATS in detail. Expect that sources will need to meet both state and federal regulations.
Michigan	Yes	Revising the state rule to be consistent with MATS.
Minnesota	Yes	Adopting federal MATS rule. Will also require compliance with more stringent state rule.
Iowa	No	No action at this time. Waiting for EPA's response to reconsideration of the MATS rule.

Summary of factual data and analytical methodologies

The Department reviewed all applicable state statutes and administrative code. The Department determined that affected EGUs will be exempt from state mercury rule requirements when mercury emissions are regulated under federal rules. This exemption from state requirements is provided under s. 285.27 (2) (d), Wis. Stats.

The Department evaluated mercury emission control levels and remaining emissions that are expected under full implementation of either the state mercury rule or the two federal rules. The Department determined that the current compliance date of the state mercury rule may result in undue compliance burden and cost even though mercury emissions, in the long-term, will be regulated under the current federal MATS and ICI Boiler rules. Therefore, the Department evaluated options to transition regulation of mercury emissions from under the state mercury rule to the federal rules in a manner consistent with the applicable statutes. The factual data and methodologies used to evaluate the state and federal mercury rule requirements are documented in the report presented to the Natural Resources Board on May 22, 2013, which can be accessed from the May 22, 2013, agenda on the Natural Resource Board's website.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

One goal of the proposed rule change is to avoid undue regulatory cost. In accordance with s. 227.137, Wis. Stats., the Department solicited information and advice from affected sources and stakeholders concerning the economic impacts of the proposed rule. The Department received comments from two affected utilities which supports the conclusion that the rule change will reduce compliance burden and cost. This information was considered in preparing the fiscal estimate and economic impact analysis.

Effect on Small Business

The proposed rule will only affect electric utilities generating electricity and will not affect small businesses.

Environmental Analysis

Fiscal Estimate and Economic Impact Analysis Summary

Fiscal estimate

1. Fiscal effect on state and local government

The proposed rule will not result in additional cost to state and local government. The proposed rule is intended to avoid additional compliance costs for coal-fired electric generating units. Manitowoc Public Utility, the one local government entity that is affected by the rule change, has commented that the proposed rule will reduce compliance burden and avoid additional costs.

2. Fiscal effect on the private sectors

The proposed rule is intended to avoid additional compliance costs to coal-fired electric generating units, and therefore, the private sector will incur no additional cost that is related to this rule change. The non-government electric utility companies affected by the rule change include Dairyland Power Cooperative, Wisconsin Power and Light, Wisconsin Public Service Corporation, We Energies and Xcel Energy. Xcel Energy and Dairyland Power Cooperative provided comments supporting the conclusion that the rule change will reduce compliance burden and avoid additional costs.

Economic impact analysis (EIA)

1. Summary of analysis under s. 227.137 (4), Wis. Stats.

The objective of the proposed rule change is to aid transition of mercury emission regulation from under state rule to federal rule and therein reduce potential compliance costs and burden. As a result, there is no increase in the costs incurred by affected EGUs and electric rate payers. Likewise, there is no negative impact on the state's economy.

2. Summary of revised analysis

The Department received comments from three affected EGUs which supports the original conclusion provided in the EIA that the rule change will reduce compliance burden and cost. No other comments were received.

3. Summary of report prepared by the Department of Administration (DOA) for purposes of s. 227.137(6), Wis. Stats.

A report from the DOA is not required by s. 227.137 (6), Wis. Stats., for this proposed rule change.

Agency Contact Person

Tom Karman

Department of Natural Resources

Bureau of Air Management (AM/7)

101 S. Webster St, Madison, WI 53703

Phone: (608) 264-8856

Fax: (608) 267-0560

E-mail: thomas.karman@wisconsin.gov

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
⍽ Original X Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter NR 446 Subchapter III - Control of Mercury Emissions from Coal-fired Electric Generating Units
3. Subject
Revision of the initial compliance date under subch. III of ch. NR 446, Wis. Adm. Code, from January 1, 2015 to April 16, 2016.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽SEG ⍽ SEG-S			NA
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
Mercury emitted by coal-fired electric generating units (EGUs) in the state will be regulated under recently promulgated federal rules beginning on April 16, 2016. According to s. 285.27(2)(d), Wis. Stats, these same EGUs will be exempt from the state mercury rule requirements under subch. II and III of ch. NR 446, Wis. Adm. Code, when mercury emissions are regulated under the federal rules. The Department is proposing to change the initial compliance date under subch. III of ch. NR 446, Wis. Adm. Code, from January 1, 2015 to April 16, 2016 to aid the transition of regulating mercury emissions from under the state rule to the federal rules.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The state mercury rule affects EGUs operated by six electric utilities: Alliant Energy, Dairyland Power Cooperative, Manitowoc Public Utilities (MPU), Wisconsin Public Service Corporation, We Energies, and Xcel Energy. The Department solicited information from the affected utilities, local units of government, and individuals in finalizing the economic impact assessment. The Department received comments from three of the affected utilities, Dairyland Power Cooperative, MPU and Xcel Energy.
11. Identify the local governmental units that participated in the development of this EIA.
Manitowoc Public Utility (MPU) is owned and operated by the City of Manitowoc. MPU provided comments supporting the conclusion that the rule change will reduce compliance burden and cost.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The objective of the proposed rule change is to aid transition of mercury emission regulation from under state rule to federal rule and therein reduce potential compliance costs and burden. As a result, there is no increase in costs to the affected EGUs and electric rate payers. Likewise, there is no negative impact on the state's economy. The Department received comments supporting this conclusion from three of the affected EGUs. The Department received no other comments.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rule change is intended to reduce potential compliance cost and burden. The alternative is to take no action which will result in electric utilities complying with state rule requirements in subch. III of ch. NR 446, Wis. Adm. Code, on January 1, 2015 and then federal rule requirements beginning on April 16, 2015. These dual, staggered compliance requirements with both the state and federal rules will result in additional undue cost and use of resources. The proposed rule change modifies the initial compliance date for requirements in subch. III of ch. NR 446, Wis. Adm. Code, from January 1, 2015 to April 16, 2016. This approach accomplishes two goals; 1) it allows EGUs to comply first with federal requirements and thereby be exempt from the state rule requirements and 2) it ensures that mercury emission reductions are achieved in a timely fashion in the event that federal rules are delayed past April 16, 2016.
14. Long Range Implications of Implementing the Rule
According to s. 285.27(2)(d), Wis. Stats., mercury emitted by electric utilities will no longer be regulated under state rules once emissions are regulated under federal rules. This means that in the long-term, mercury emitted by electric utilities will be regulated under federal rules. This proposed rule change is intended to facilitate this transition to regulation under the federal rules. Therefore, the proposed rule does not change the long-term outcome for regulating mercury emitted by coal-fired electric utilities.
15. Compare With Approaches Being Used by Federal Government
This rule action is consistent with federal rules regulating electric utility mercury emissions.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Mercury emitted by electric utilities in neighboring states will also be regulated by the same federal rules affecting Wisconsin electric utilities.
17. Contact Name				18. Contact Phone Number
Tom Karman				(608) 264-8856

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

ATTACHMENT A

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

The proposed rule change does not have a fiscal impact on small business for purposes of this EIA.

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

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

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

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

5. Describe the Rule's Enforcement Provisions

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

⍽ Yes ⍽ No

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-083

The State Superintendent of Public Instruction proposes to repeal ss. PI 21.01 (Note), 21.04 (4) (Note), and 21.05 (1) (Note), (2), and (2) (Note); amend s. PI 21.04 (intro); and to repeal and recreate s. PI 21.04 (4), relating to driver education programs.

The rules are being adopted under s. 227.16 (2) (e), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule and fiscal estimate are published in the notice section of the Administrative Register and the required petition is not received by the agency within 30 days after publication of the notice.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (e), Stats., a public hearing will not be held for this rule change unless the required petition is received by the Department.

Analysis by the Department

Statute interpreted

Section 115.28 (11), Stats.

Statutory authority

Section 227.11 (2) (a) (intro), Stats.

Explanation of agency authority

Under s. 227.11 (2) (a) (intro), Stats., “Each agency may 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s. 115.28 (11), Stats., the DPI is required to approve driver education course plans that meet certain guidelines.

Related statute or rule

N/A.

Plain language analysis

Section PI 21.05 requires the Department of Public Instruction (DPI) to issue certificates. This will soon be unnecessary since the Department of Transportation (DOT) is going to issue on-line certificates which will apply to students in school driver education programs. This rule change will not take effect until DOT begins issuing these on-line certificates.

Additionally, s. PI 21.04 requires DPI to approve driver education course plans. However, to be more efficient, DPI is modifying the way it reviews driver education course plans. The DPI proposes modifying s. PI 21.04 to state that a public or private high school, county children with disabilities education board, or a CESA submitting on behalf of a district that it has contracted with to provide driver education instructional services, must submit an assurance stating it is complying with the program requirements in s. PI 21.04 in order to receive DPI approval. This assurance will substitute for DPI actively approving the specific program components. The DPI will continue to review each program's instructors to verify that their departmental driver education certification is current and valid.

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

N/A.

Comparison with rules in adjacent states

No information.

Summary of factual data and analytical methodologies

These changes are designed to update the rule to reflect future practice. If these changes are not made, the rule may not align with agency practice.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

First, this rule change will avoid duplication of effort on the DPI's part because the DOT will be issuing on-line certificates for students in school driver education programs. Second, this rule change will make the approval process for driver education course plans faster because public or private high schools, county children with disabilities education boards, and CESAs will provide an assurance that their driver education course plans meet the necessary requirements and then the plans are approved. It will also save the DPI resources because employees will not need to spend time reviewing driver education course plans.

Anticipated Costs Incurred by Private Sector

There is not expected to be a cost to the private sector.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. PI 21.01 (Note) is repealed.

SECTION 2. PI 21.04 (intro) is amended to read:

PI 21.04 (intro) A public school, private school, CCDEB, or CESA driver education program shall be is approved by the department under s. 343.06 (1) (c), Stats., if the program uses vehicles which meet the requirements of s. PI 21.03 and the program meets all of the following requirements:

SECTION 3. PI 21.04 (4) is repealed and recreated to read:

PI 21.04 (4) Required assurance. A public or private school, CCDEB, or CESA shall electronically submit to the department an assurance that its driver education course plan complies with the requirements of this subsection along with a list of their driver education instructors and their DPI teacher file numbers.

SECTION 4. PI 21.04 (4) (Note) is repealed.

SECTION 5. PI 21.05 (1) (Note) is repealed.

SECTION 6. PI 21.05 (2) is repealed.

SECTION 7. PI 21.05 (2) (Note) is repealed.

SECTION 8. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 21, Driver Education Programs
Subject
Modifying the Course Plan Approval Process and the Driver Education Certificate Process
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
PI 21.05 requires the Department of Public Instruction (DPI) to issue certificates. This will soon be unnecessary since the Department of Transportation (DOT) is going to issue on-line certificates which will apply to students in school driver education programs. This rule change will not take effect until DOT begins issuing these on-line certificates. Additionally, PI 21.04 requires DPI to approve driver education course plans. However, to be more efficient, DPI is modifying the way it reviews driver education course plans. The DPI proposes modifying PI 21.04 to state that a public or private high school, county children with disabilities education board, or a CESA submitting on behalf of a district that it has contracted with to provide driver education instructional services, must submit an assurance stating they are complying with the program requirements in PI 21.04 in order to receive DPI approval. This assurance will substitute for DPI actively approving the specific program components. The DPI will continue to review each program's instructors to verify that their departmental driver education certification is current and valid.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. School districts would only need to provide DPI with the names and teacher file numbers of driver education instructors as well as an assurance that they are complying with the program requirements. Students in driver education programs would still receive credit for completing these programs but DOT, instead of DPI, would be in charge of that process. Additionally, this eliminates the need for storage of paper completion certificates; schools were required to store paper copies for 7 years but now local completion records will be able to be maintained and stored electronically. State: This rule change will avoid duplication of effort on DPI's part because DOT is going to be issuing on-line certificates which will apply to students in school driver education programs. This rule change will eliminate printing costs associated with the printing of PI 1714 forms; eliminate shipping and postage associated with getting certificates to schools; and eliminates the time required to ship and mail certificates to schools. It will also save the Department resources because employees will not need to spend time reviewing driver education course plans.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rule change will avoid duplication of effort on DPI's part because DOT is going to be issuing on-line certificates which will apply to students in school driver education programs. It will also save the Department resources because employees will not need to spend time reviewing driver education course plans.
Long Range Implications of Implementing the Rule
The Department will reduce its role with regards to driver education programs while the roles of the DOT and those submitting driver education course plans will increase.
Compare With Approaches Being Used by Federal Government
No information.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
No information.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-084

The State Superintendent of Public Instruction hereby proposes an order to repeal Chapter PI 29, relating to grants for Preschool Through Grade 5 programs.

The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (b), there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

Analysis by the Department

Statute interpreted

None. 2011 Wisconsin Act 32 eliminated s. 115.45, Stats.

Statutory authority

None.

Explanation of agency authority

The Department of Public Instruction is repealing a rule that no longer has any statutory authority.

Related statute or rule

None.

Plain language analysis

This proposed rule change is a technical change that would repeal a rule that no longer has any statutory authority.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. Chapter PI 29 is repealed.

SECTION 2. EFFECTIVE DATE:

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 29, Grants for Preschool Through Grade 5 Programs
Subject
Repeal of PI 29
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
There is no longer funding or statutory authority for the Grants for Preschool Through Grade 5 Programs. Thus, the rule needs to be repealed.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. Preschool Through Grade 5 Program grants were eliminated in 2011 Act 32; repeal of the rule will have no fiscal effect. State: No fiscal effect.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule needs to be repealed since there is no longer any statutory authority for the program. Otherwise, the rule will not reflect current law.
Long Range Implications of Implementing the Rule
Elimination of the rule will align the DPI Administrative Code with statutes.
Compare With Approaches Being Used by Federal Government
N/A.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-085

The State Superintendent of Public Instruction hereby proposes an order to repeal Chapter PI 31, relating to grants for STEM programs.

Place Where Comments are to be Submitted and Deadline for Submission

Analysis by the Department

Statute interpreted

None. 2011 Wisconsin Act 32 eliminated ss. 115.28 (46) and 20.255 (2) (fz), Stats.

Statutory authority

None.

Explanation of agency authority

The Department of Public Instruction is repealing a rule that no longer has any statutory authority or funding.

Related statute or rule

N/A.

Plain language analysis

This proposed rule change is a technical change that would repeal a rule that no longer has any statutory authority.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. Chapter PI 31 is repealed.

SECTION 2. EFFECTIVE DATE:

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 31, Grants for STEM Programs
Subject
Repeal of PI 31
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
There is no longer funding or statutory authority for Grants for STEM Programs. Thus, the rule needs to be repealed.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. Grants for STEM Programs were eliminated in 2011 Act 32; repeal of the rule will have no fiscal effect. State: No fiscal effect.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule needs to be repealed since there is no longer any statutory authority for the grant program. Otherwise, the rule will not reflect current law.
Long Range Implications of Implementing the Rule
Elimination of the rule will align the DPI Administrative Code with statutes.
Compare With Approaches Being Used by Federal Government
N/A.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-086

The State Superintendent of Public Instruction proposes to repeal ss. PI 32.01 (4) (Note), 32.03 (2) (intro) (Note), (4) (a) (Note), and 32.05; and amend ss. PI 32.01(4) and 32.03 (2) (intro) and (4) (a), relating to grants for alcohol and other drug abuse programs.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (e), Stats., a public hearing will not be held for this rule change unless the required petition is received by the Department.

Analysis by the Department

Statute interpreted

Section 115.36 (3), Stats.

Statutory authority

Section 115.36 (3) (a) 5., Stats.

Explanation of agency authority

Under s. 115.36 (3) (a) 5., Stats., the Department has authority to promulgate necessary rules to implement s. 115.36 (3), Stats.

Related statute or rule

N/A.

Plain language analysis

First, the proposed rule change would realign ch. PI 32 with the Wisconsin Statutes. 2011 Wisconsin Act 32 deleted ss. 20.255 (2) (dm) and 115.361, Stats. Thus, this rule change would eliminate the references to those statutory sections in the rule.

Second, this rule change would eliminate s. PI 32.05, which provides a detailed description for the Alcohol and Other Drug Abuse (AODA) Program Advisory Council required under s. 115.36 (2) (e), Stats. The requirements in s. PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly. Additionally, the description of the AODA Council is no longer needed in rule because, given the constantly changing amount of AODA funding, DPI needs the flexibility to adjust the Council's structure quickly through policy instead of the rulemaking process.

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

N/A.

Comparison with rules in adjacent states

No information.

Summary of factual data and analytical methodologies

The requirements in s. PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

If the size of the AODA Council is reduced, DPI will have to expend fewer resources staffing the AODA Council.

Anticipated Costs Incurred by Private Sector

There is not expected to be a cost to the private sector.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. PI 32.01(4) is amended to read:

PI 32.01 (4) This chapter sets forth characteristics of a comprehensive kindergarten through grade 12 program including criteria and procedures in awarding grants under sss. 115.36 and 115.361, Stats.

SECTION 2. PI 32.01 (4) (Note) is repealed.

SECTION 3. PI 32.03 (2)(intro) is amended to read:

PI 32.03 (2) (intro) Aoda program content. Under s. 115.36 (1), Stats., every public and private school is encouraged to develop AODA programs to prevent or ameliorate alcohol and other drug abuse among minors. Sections Section 115.36 (3) and 115.361, Stats., provide for grants to assist school districts in developing or supplementing AODA programs. An AODA program under this section may include any of the following:

SECTION 4. PI 32.03 (2) (intro) (Note) is repealed.

SECTION 5. PI 32.03 (4) (a) is amended to read:

PI 32.03 (4) (a) The state superintendent, annually, shall establish funding limits for programs under this section based on the amount appropriated for the program under s. 20.255 (2) (dm) and (kd), Stats., using the criteria specified under par. (c) 2. The state superintendent shall inform school districts of the funding limits by letter which will accompany application materials.

SECTION 6. PI 32.03 (4) (a) (Note) is repealed.

SECTION 7. PI 32.05 is repealed.

SECTION 8. EFFECTIVE DATE:

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 32, Grants for Alcohol and Other Drug Abuse Programs
Subject
2011 Wisconsin Act 32 Changes
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
First, the proposed rule change would realign PI 32 with the Wisconsin Statutes. 2011 Wisconsin Act 32 deleted Sections 20.255(2) (dm) and 115.361, Stats. Thus, this rule change would eliminate the references to those statutory sections in the rule. Second, this rule change would eliminate PI 32.05, which provides a detailed description for the Alcohol and Other Drug Abuse (AODA) Program Advisory Council required under s. 115.36(2)(e). The requirements in PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255(2)(dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. State: If the size of the AODA Council is reduced, DPI will have to expend fewer resources staffing the AODA Council.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rule change aligns PI 32 with current statutes. Additionally, the requirements in PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
Long Range Implications of Implementing the Rule
The size of the AODA Council will reflect the amount of AODA funding the Council oversees.
Compare With Approaches Being Used by Federal Government
No information.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
No information.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-087

The State Superintendent of Public Instruction hereby proposes an order to repeal Chapter PI 33, relating to grants for nursing services.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

Analysis by the Department

Statute interpreted

None. 2011 Wisconsin Act 32 eliminated s. 115.28 (47), Stats.

Statutory authority

None.

Explanation of agency authority

The Department of Public Instruction is repealing a rule that no longer has any statutory authority.

Related statute or rule

N/A.

Plain language analysis

This proposed rule change is a technical change that would repeal a rule that no longer has any statutory authority.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. Chapter PI 33 is repealed.

SECTION 2. EFFECTIVE DATE:

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 33, Grants for Nursing Services
Subject
Repeal of PI 33
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
There is no longer funding or statutory authority for Grants for Nursing Services. Thus, the rule needs to be repealed.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. Grants for Nursing Services were eliminated in 2011 Act 32; repeal of the rule will have no fiscal effect. State: No fiscal effect.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule needs to be repealed since there is no longer any statutory authority for the grant program. Otherwise, the rule will not reflect current law.
Long Range Implications of Implementing the Rule
Elimination of the rule will align the DPI Administrative Code with statutes.
Compare With Approaches Being Used by Federal Government
N/A.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Rule Making Without Public Hearing

Public Instruction

CR 13-088

The State Superintendent of Public Instruction hereby proposes to amend s. PI 34.35 (1) (c), relating to the definition of immoral conduct.

Place Where Comments are to be Submitted and Deadline for Submission

Analysis by the Department

Statute interpreted

Section 115.31 (1) (c), Stats.

Statutory authority

Section 115.31 (8), Stats.

Explanation of agency authority

The Department of Public Instruction has authority to promulgate rules to implement and administer s. 115.31, Stats., relating to license or permit revocation, reports, and investigation.

Related statute or rule

N/A.

Plain language analysis

This proposed rule change is a technical change that would modify the ch. PI 34 definition of “immoral conduct" to reflect the statutory definition.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

katie.schumacher@dpi.wi.gov

(608) 267-9127

Text of Rule

SECTION 1. PI 34.35 (1) (c) is amended to read:

PI 34.35 (1) (c) “Immoral conduct" means conduct or behavior which is contrary to commonly accepted moral or ethical standards and endangers the health, welfare, safety or education of any pupil has the meaning defined in s. 115.31 (1) (c), Stats.

SECTION 2. EFFECTIVE DATE:

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 34, Teacher Education Program Approval and Licenses
Subject
The Definition of Immoral Conduct
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The change in statutory definition, which will be reflected in the rule, was designed to specify that the intentional use of an educational agency's equipment to download, view, solicit, seek, display or distribute pornographic material was included in the definition of immoral conduct and was conduct for which a WI educator license could be revoked by the State Superintendent.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. The definition of immoral conduct was changed in 2011 Wisconsin Act 84; modification of this rule to reflect that statutory change will have no fiscal effect. State: No fiscal effect.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The Legislature intended to clarify what was included in the definition of immoral conduct by specifying that the definition includes the intentional downloading, viewing, or distributing of pornography on an educational agency's equipment.
Long Range Implications of Implementing the Rule
Modification of the rule will align the DPI Administrative Code with statutes.
Compare With Approaches Being Used by Federal Government
N/A.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, (608) 267-9127.

Notice of Hearing

Safety and Professional Services —
Controlled Substances Board

EmR1318

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss. 961.11 (1) and 961.11 (4m), Wis. Stats., and interpreting s. 961.14, Wis. Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider emergency rule creating s. CSB 2.36, relating to scheduling controlled substances.

Hearing Information

Date: Monday, November 11, 2013
Time: 9:00 a.m..
Location: 1400 East Washington Avenue
Room 121A
Madison, WI

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions, and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to sharon.henes@wisconsin.gov. Comments must be received at or before the public hearing to be held on November 11, 2013, to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at sharon.henes@wisconsin.gov, or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Finding of Emergency

The Controlled Substances Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:

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, XLR-11, 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, XLR-11, 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, XLR-11, 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.

On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.

Analysis Prepared by the Department

Statutes interpreted

Section 961.14, Wis. Stats.

Statutory authority

Sections 961.11 (1) and 961.11 (4m), Wis. Stats.

Explanation of agency authority

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, Stats., pursuant to the rule-making procedures of ch. 227, Stats.

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.

Related statute or rule

Section 961.14, Wis. Stats.

Plain language analysis

This rule schedules three substances commonly known as UR-144, XLR-11, and AKB48 as Schedule I controlled substances.

Summary of, and comparison with, existing or proposed federal regulation

On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR-11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.

Comparison with rules in adjacent states

Illinois: A review of the Illinois Controlled Substances Act does not indicate scheduling of these three substances.

Iowa: On July 9, 2013, the Iowa Pharmacy Board temporarily classified these three substances as Schedule I controlled substances. The temporary scheduling action by emergency action will remain effective until 60 days following the commencement of the next legislative session, during which time the Iowa Legislature will determine whether to add the substances to the Iowa Controlled Substances Act.

Michigan: These three substances are scheduled in Michigan based upon any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in schedules II through V and is not approved by the federal food and drug administration as a drug.

Minnesota: A review of the Minnesota Controlled Substances Act does not indicate scheduling of these three substances.

Summary of factual data and analytical methodologies

Based upon the Brown County District Attorney's request for emergency scheduling and the federal government's emergency scheduling, the Controlled Substances Board decided to schedule UR-144, XLR-11, and AKB48.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This proposed rule schedules three synthetic cannabinoid substances as Schedule I controlled substances which will not have an effect on small business.

Fiscal Estimate

This proposed rule will have no fiscal impact.

Effect on Small Business

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at tom.engels@wisconsin.gov, or by calling (608) 266-8608.

Text of Rule

Section 1. CSB 2.36 is created to read:

CSB 2.36 Additions to Schedule 1.

(1) Section 961.14 (4) (ta), Stats., is created to read:

Section 961.14 (4) (ta) AKB48: 1-pentyl-N-(1-adamantyl)-1H-indazole-3-carboxamide.

(2) Section 961.14 (4) (tym), Stats., is created to read:

Section 961.14 (4) (tym) UR-144: 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole

(3) Section 961.14 (4) (tz), Stats., is created to read:

Section 961.14 (4) (tz) XLR-11: 1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole

Section 2. EFFECTIVE DATE. Pursuant to s. 227.24 (1) (c), Stats., these rules shall take effect upon publication in the official state newspaper. (Effective date was October 13, 2013.)

Notice of Hearing

Safety and Professional Services —
Joint Board of Professional Geologists, Hydrologists and Soil Scientists

CR 13-091

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Joint Board of Professional Geologists, Hydrologists and Soil Scientists in ss. 15.08 (5) (b), 227.11 (2) and 470.03 (2), Stats., and interpreting s. 15.405 (2m), Stats., the Joint Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to amend ss. GHSS 1.01, 1.02, 2.02 (Note), 2.03 (10) (Note), 2.05 (title), 3.02 (Note), 3.06 (10) (Note), 3.05 (title), 4.02 (Note), 4.06 (10) (Note), and 4.05 (title); repeal and recreate s. GHSS 1.05; and create s. GHSS 1.055 and ch. GHSS 6, relating to continuing education requirements for professional geologists, hydrologists and soil scientists.

Hearing Information

Date: Wednesday, November 20, 2013
Time: 9:00 a.m..
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121
Madison, WI

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions, and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Jean MacCubbin, Administrative Rules Coordinator, Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to jean.maccubbin@wisconsin.gov. Comments must be received at or before the public hearing to be held on November 20, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Jean MacCubbin, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, by email at jean.maccubbin@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department

Statutes interpreted

Section 15.405 (2m), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2), and 470.03 (2), Stats.

Explanation of agency authority

The Examining Board of Professional Geologists, Hydrologist and Soil Scientists is established and provided authority as given ch. 470, Stats.

Section 15.08 (5) (b), Stats.: reads “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 227.11 (2), Stats., reads: “Rule-making authority is expressly conferred as follows: (a) Each agency may 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:..."

Section 470.03 (2), Stats., reads: “Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter."

Related statute or rule

Chapters GHSS 1 to 5.

Plain language analysis

This proposed rule-making order creates a new chapter, ch. GHSS 6, for continuing education requirements for licensed professional geologists, professional hydrologists and professional soil scientists within the jurisdiction of the Joint Board of Professional Geologists, Hydrologists and Soil Scientists as permitted in s. 470.03 (2), Stats. A scope statement to create continuing education (CE) requirements was approved and published in 2000; in 2013 the Joint Board convened a group having a representative from each section to work with department staff to create these rules.

The primary focus of this rule is the creation of a new chapter, ch. GHSS 6, Continuing Education. This chapter is drafted to be effective for the biennial renewal period beginning August 2014 and running through the end of July 2016; it does not apply to newly licensed individuals during this first biennial renewal period.

Licensees may accumulate the required 24 CEUs, continuing education units, over the 2-year period through a variety of providers and professional development activities. Also included are definitions pertinent to CE requirements, providers and professional development activities.

Licensees are expected to track their CEUs on a form designed for such purpose, although the submittal of the form is not required when certifying at time of renewal. Upon a random audit, the selected licensees shall submit such form and associated documentation to verify compliance to ch. GHSS 6.

The rule also recognizes the need for postponements or waivers to the rule for active military service and other specific circumstances. The handling of late renewals and reciprocity are also included in the rule.

SECTIONS 1. and 2. These sections are redrafted to recognize the new chapter and the first biennial renewal period for which the CE rules apply. Various Notes were amended in chs. GHSS 2, 3, and 4, where appropriate, to provide the URL in addition to department mailing address as listed.

SECTION 3. This section is created to provide the options available to licensees who fail to renew and adding that continuing education requirements are now in place.

SECTION 4. This section amends subsection titles in each chapter, chs. GHSS 2 to 4, to clarify that these education requirements are for pre-licensure not continuing education.

SECTION 5. This section comprises the newly created chapter, ch. GHSS 6, Continuing Education.

SECTION 6. This section specifies the date the rules become effective.

Summary of, and comparison with, existing or proposed federal regulation

An Internet-based search of the U.S. Code and Federal Register found that there is no existing or proposed federal regulation relating to continuing education for these professions.

Comparison with rules in adjacent states

An Internet-based search of professional licenses and any requirements for continuing education revealed the following:

Illinois: The state of Illinois licenses professional geologists, but has no continuing education requirements, part 1252 professional geologist licensing act. This state does not license professional hydrologists or professional soil scientists.

Iowa: The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education. This state does not license professional geologists or professional soil scientists.

Michigan: The state of Michigan does not license professional geologists, professional hydrologists, or professional soil scientists.

Minnesota: The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal for licensed geologists and licensed soil scientists. This state does not license professional hydrologists.

Summary of factual data and analytical methodologies

The Joint Board of Professional Geologists, Hydrologists and Soil Scientists authorized one member of each section to contribute to this rule-making project. With staff, they examined models of continuing education from various states and national organizations related to their respective professions, as well as from other regulatory boards aligned with the department.

The comparison information with the rules in adjacent states was obtained directly from administrative rules of those states when available through an Internet-based search. Reviewing rules of the two states having similar licenses and continuing education requirements, the proposed rules are substantially consistent with the rules in those states.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development and determined the following:

Course offerings fees*:
Offering	Min. Hours/Cost	Max. Hours/Cost
Classroom:	1 Hr./ $49	21 Hrs./ $1195
Online:	2 Hrs./ $149	20 Hrs./ $225

*Note: (local, no travel or lodging included)

Other professional development activities*:
Offering	Min. Hours/Cost	Max. Hours/Cost
Professional Meetings**	4 Hrs./ $100	40 Hrs./ $1000

*Note: (local, no travel or lodging included)

**Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics.

Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of small businesses.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

This rule will not have a significant adverse effect on small business.

Environmental Assessment/Statement

Not required.

Agency Contact Person

Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone: (608) 266-0955; email at jean.maccubbin@wisconsin.gov; or contact by 711 relay telecommunications.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chs. GHSS 1 to 6, General Requirements and Procedures, and Continuing Education Requirements (Professional Geologists, Professional Hydrologists and Professional Soil Scientists).
3. Subject
Continuing Education Requirements for Professional Geologists, Professional Hydrologists and Professional Soil Scientists.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽SEG ⍽ SEG-S			s. 20.165 (1) (g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists as well as those who benefit from or contract for their professional expertise.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no direct impact on specific businesses, business sectors, public utility ratepayers or local governmental utilities or the state's economy as a whole. Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development [SOURCE: http://epdweb.engr.wisc.edu/index.lasso] and determined the following: Course offerings fees* Offering Min. Hours/Cost Max. Hours/Cost Classroom: 1 Hr./$49 21 Hrs./$1195 Online: 2 Hrs./$149 20 Hrs./$225 Note: (local, no travel or lodging included) Other professional development activities Offering Min. Hours/Cost Max. Hours/Cost Professional 4 Hrs/$100 40 Hrs/$1000 Meetings** Note: (local, no travel or lodging included) *Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics. Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of small businesses.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists. The status quo may negatively influence the creditability of maintaining a professional license.
14. Long Range Implications of Implementing the Rule
Industry is constantly changing and new technologies and methodologies are being introduced, as are the professional skills of the workforce. Continuing education for licensed professionals ensures the public the professional competence of the licensees.
15. Compare With Approaches Being Used by Federal Government
The Federal government does not license or mandate continuing education for Professional Geologists, Professional Hydrologists or Professional Soil Scientists.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Licensing for professional geologists-- The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal. Illinois licenses professional geologists, but has no continuing education requirements. Licensing for professional hydrologists—none of the four adjacent states license this profession. The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education. Licensing for professional soil scientists—Of the four adjacent states, only the state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				(608) 266-0955

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

Notice of Hearing

Safety and Professional Services —
Medical Examining Board

CR 13-090

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b), 227.11 (2) (a), 448.05 (2), and 448.40 (1), Stats., and interpreting s. 448.05 (2), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Med 1.02 (2), relating to requiring applicants for medical licensure to provide to the Medical Examining Board verified copies of their diplomas.

Hearing Information

Date: Wednesday, November 20, 2013
Time: 9:00 a.m..
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121A
Madison, WI

Appearances at the Hearing

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to shancethea.leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on November 20, 2013, to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at shancethea.leatherwood@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department

Statutes interpreted

Section 448.05 (2), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), 448.05 (2), and 448.40 (1), Stats.

Explanation of agency authority

The Medical Examining Board (Board), pursuant to ss. 15.08 (5) (b) and 227.11, Stats., has the general power to promulgate rules for guidance within the profession and to interpret the statutes it enforces. Section 448.40 (1), Stats., grants the Board authority to promulgate rules that carry out the purposes of the Medical Practices Act. The Board seeks to interpret a statute that it administers specifically, s. 448.05 (2), Stats., which deals with applicants being required to possess a diploma. Therefore, the Board is both generally and specifically empowered to promulgate the proposed rule.

Related statute or rule

None.

Plain language analysis

The proposed rule seeks to amend Wis. Admin Code s. Med 1.02 (2) by eliminating the requirement that applicants provide a verified photographic copy of their diploma when applying for licensure. The requirement is duplicative and unnecessary since the board receives information regarding graduation directly from medical and osteopathic schools of medicine.

Section 1. amends s. Med 1.02 (2) by deleting the language pertaining to a copy of the applicant's diploma.

Summary of, and comparison with, existing or proposed federal regulation

None.

Comparison with rules in adjacent states

Illinois

Illinois requires an official transcript and diploma or an official transcript and certification of graduation from the medical school. 68 Ill. Adm. Code 1285.70.

Iowa

Iowa requires a copy of the applicant's medical degree and a certification from the medical school. 653 IAC 9.4 (147,148).

Michigan

Michigan requires that an applicant establish that he or she is a graduate of medical school. Mich. Admin. Code R 338.2317.

Minnesota

Minnesota requires an original or certified copy of the diploma from the medical or osteopathic school. Minn. R. 5600.0200 Subp. 2.

Summary of factual data and analytical methodologies

The Medical Examining Board ensures the accuracy, integrity, objectivity, and consistency of data were used in preparing the proposed rule and related analysis.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at greg.gasper@wisconsin.gov, or by calling (608) 266-8608.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Agency Contact Person

Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone: (608) 261-4438; email: shancethea.leatherwood@wisconsin.gov.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Section Med 1.02
3. Subject
Diploma Copies
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽SEG ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
This rule addresses Med 1.02 (2). Currently Med. 1.02 requires applicants for medical licensure to file both documentary evidence from a medical or osteopathic school of medicine and a verified photographic copy of their diploma. Since the necessary information is readily supplied by the medical or osteopathic school, there is no need for applicants for medical licensure to provide a verified photographic copy of their diploma. This proposed rule seeks to remove the requirement to submit to the Medical Examining Board a verified photographic copy of the diploma conferring the medical or osteopathic degree.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rule will primarily impact applicants for medical licensure. This proposed rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sector, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This proposed rule will benefit applicants for medical licensure by relieving them from complying with a duplicate step in the application process.
14. Long Range Implications of Implementing the Rule
The proposed rule will advance the paperless initiative by reducing the use of paper copies.
15. Compare With Approaches Being Used by Federal Government
None.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: Illinois requires an official transcript and diploma or an official transcript and certification of graduation from the medical school. 68 Ill. Adm. Code 1285.70. Iowa: Iowa requires a copy of the applicant's medical degree and a certification from the medical school. 653 IAC 9.4 (147,148). Michigan: Michigan requires that an applicant establish that he or she is a graduate of medical school. Mich. Admin. Code R 338.2317. Minnesota: Minnesota requires an original or certified copy of the diploma from the medical or osteopathic school. Minn. R. 5600.0200 Subp. 2.
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				(608) 261-4438

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