The proposed rule may have moderate economic impact statewide and locally. The majority of the proposed rule is limited to updating and reorganizing provisions in the current rule and therefore would have a minimal economic impact — if any at all. However, adopting more recent fuel quality standards may have a moderate economic impact on certain businesses within the petroleum industry.
8. Contact Person
Kevin LeRoy, Program and Policy Analyst, DATCP
Phone: (608) 224-4928
Safety and Professional Services
This statement of scope was approved by the Governor on October 15, 2013.
Rule No.
Relating to
Manufactured Homes and Manufactured Home Communities.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking is expected to include comprehensively reviewing and updating all of the Department's rules relating to manufactured homes and manufactured-home communities in order to make the rules consistent with contemporary industry and regulatory practices, any corresponding statutory and federal aspects, and Executive Order 61.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These chapters currently contain all of the Department's rules relating to manufactured homes and manufactured-home communities. These rules include criteria for installation of manufactured homes, construction and operation of manufactured-home communities, and corresponding credentials and fees.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Section
101.92 (3) requires the Department to annually review the rules adopted under subchapter V of chapter 101, which addresses manufactured homes and mobile homes.
Section
101.92 (9) requires the Department to promulgate rules for licensing manufactured-home dealers and salespersons, as required under sections 101.951 and 101.952.
Sections
101.9203 (3) and
101.921 (1) (a) infer that the Department may promulgate rules authorizing a nonresident owner of a manufactured home to apply for a certificate of title without the home being subject to a security interest or without having the dealer determine that a certificate is necessary to protect the interests of a secured party.
Section
101.921 (1) (b) infers that the Department may promulgate rules authorizing a manufactured-home dealer to apply for a certificate of title naming the dealer as the owner even though not all available spaces for a dealer's reassignment on a certificate have been completed.
Section
101.921 (1) (c) infers that the Department may promulgate rules exempting a manufactured home dealer from otherwise needing to apply for a certificate of title naming the dealer as the owner of a for-sale home when all of the available spaces for a dealer's reassignment on a certificate have been completed.
Section
101.935 (2) (c) 2. requires the Department to establish fees by rule for issuing operational permits relating to manufactured-home communities.
Section
101.935 (2m) (a) 2. requires the Department to define by rule the modifications of a manufactured-home community that trigger a required inspection by the Department.
Section
101.935 (3) authorizes the Department to promulgate rules for administering and enforcing the permit process that the section requires for manufactured-home communities.
Section
101.937 (1) requires the Department to promulgate rules establishing prescribed standards for providing water or sewer service to a manufactured-home-community occupant.
Section
101.95 requires the Department to promulgate rules prescribing how manufacturers become licensed to manufacture, distribute, or sell manufactured homes.
Sections
101.951 (2) (b) 1. and
(bm) require the Department to promulgate rules establishing the license period and fees for a dealer's license.
Section
101.951 (2) (b) 2. authorizes the Department to promulgate rules establishing a uniform expiration date for all dealer licenses.
Sections
101.952 (2) (b) 1. and
(bm) require the Department to promulgate rules establishing the license period and fees for a salesperson's license.
Section
101.952 (2) (b) 2. authorizes the Department to promulgate rules establishing a uniform expiration date for all salesperson's licenses.
Section
101.953 (1) (b) requires the Department to promulgate rules defining reasonable care and maintenance for a manufactured home.
Section
101.953 (1) (d) requires the Department to promulgate rules defining manufactured homes that are uninhabitable.
Section
101.957 requires the Department to promulgate rules establishing an alternative, non-judicial dispute resolution process for defects in a manufactured home or in its installation.
Sections
101.96 (1) (a) and
(b) require the Department to promulgate rules establishing standards for safe installation of manufactured homes, and for ensuring compliance with the standards.
Section
101.96 (1) (b) requires the Department to promulgate rules establishing prescribed criteria for licensure of third-party inspectors.
Sections
101.96 (2) (b) 6.,
(br) and
(c) require the Department to promulgate rules establishing standards of financial responsibility for installers; how to demonstrate adequate experience in installation, in lieu of passing a required examination; license terms; conditions for revoking or suspending licenses; and license fees.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Manufactured-home manufacturers, dealers, salespersons, installers, inspectors, and occupants, and owners or operators of manufactured-home communities.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal construction requirements that preempt state or local requirements for constructing manufactured homes are addressed in Title 42 of the United States Code under sections 5401 to 5425, and in Title 24 of the Code of Federal Regulations under Part 3280. Federal minimum, model installation requirements for manufactured homes are addressed in
24 CFR 3285. Any rule revisions resulting under this scope statement will not infringe on the federal construction requirements, and will not provide less protection than the federal minimum installation requirements.
No current federal regulations were found relating to construction or operation of manufactured-home communities.
No corresponding proposed federal regulations were found.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
9. Contact Person
Sam Rockweiler, Rules Coordinator
(608) 266-0797
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the Governor on October 7, 2013.
Rule No.
Relating to
Patient Dental Record Retention.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Dentistry Examining Board desires to develop guidelines for patient dental record retention. The issue lies with the burden of patient records storage, both in having no guidance on the time limit of retention and with records dating prior to the availability of electronic storage. Chapters
DE 1 to
13 do not contain standards in the preparation or retention of patient dental records; therefore, Chapter
DE 8, Patient Dental Records, is proposed to be created.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Dentistry Examining Board desires guidelines for patient dental record retention to be consistent within the industry, recognizing recommendations by professional organizations, other health care providers and other states with regard to record retention. Currently, there are no polices or directives for a time limit on retention.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., requires all examining boards to “
…promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession."
Section
227.11 (2) (a), Stats., authorizes all agencies to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes; the section reads: “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
…"
Section
447.02 (2) (d), Stats., authorizes the dentistry examining board to promulgate rules: “(d) Specifying practices, in addition to the practices specified under s.
447.01 (3) (a) to
(f), that are included within the practice of dental hygiene."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 80 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with the Dentistry Examining Board, drafting the rule changes and processing the changes through public hearing, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes; no other resources are expected to be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensees.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Federal health and human services (HHS) administration provides incentives for dental offices providing treatment to Medicaid patients to move to electronic health records with respect to x-rays or imagining. An Internet-based search of the U.S. Code or Federal Register revealed that these types of electronic patient dental records for Medicaid patients will be required beginning in 2016; no other laws relating to patient record requirements were found.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
It is anticipated that after rule promulgation, hard copy record storage may decrease over time, thus resulting in lowered overhead costs to the healthcare provider.
9. Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board
This statement of scope was approved by the Governor on October 10, 2013.
