Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the Governor on October 29, 2013.
Rule No.
Relating to
Dairy processor grants.
Statutory Authority
Rule Type
Emergency and Permanent.
1. Description of the Objective of the Rule
The Department of Agriculture, Trade and Consumer Protection (DATCP) proposes an emergency and permanent rule that will establish criteria DATCP will use to make determinations for grants to dairy processors to promote and develop the dairy industry. The emergency and permanent rules are necessitated by the addition of authority and general purpose revenue funding appropriated to the Department as part of
2013 Wis. Act 20, the Biennial Budget.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background.
In
2013 Wis. Act 20, the budget act, Section 203 created the following appropriation:
20.115 (4) (dm) Dairy processor Plant Grant Program. The amounts in the schedule for promoting the growth in the dairy industry by providing grants to persons operating processing plants as defined in s.
97.20 (1) (h). The appropriation is an annual appropriation of $200,000.
Nature of the Emergency
An emergency rule is necessary to ensure that funds are used to assist dairy processors during the first year of the annual appropriation as the legislation does not contain standards DATCP will use to make grant determinations and permanent rules cannot be adopted in time to provide the basis for grant determinations for that first year appropriation. The emergency rule is necessary for the welfare of those dairy processors who the Legislature has determined require assistance to maintain and expand their operations and for the welfare of the entire dairy industry. DATCP anticipates that the emergency and permanent rules will have the same provisions.
Policy Alternatives
Do nothing. If DATCP fails to adopt rules that contain the basis for grant determinations it will not be able to expend the funds and provide the assistance to dairy processors that the Legislature directed in
2013 Act 20, the biennial budget.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants to dairy processors, the budget language does not specify the bases for grant determinations. The agency considers it necessary to adopt rules to establish the bases for grant and loan determinations in order to effectuate the purposes of s.
20.114 (4) (dm), Stats.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.25 FTE staff to develop this rule. This includes time required for the investigation and analysis, financial assistance criteria, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
This rule will enable dairy processors to obtain financial assistance to expand, modernize, or improve the efficiency or profitability of their operations or who seek product, market or production process opportunities.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The United States Department of Agriculture's Rural Development Agency Value Added Producer Grant Program offers funding for activities that expand markets or add value to agricultural products.
7. Anticipated Economic Impact
The proposed rule will enable DATCP to provide financial assistance to dairy processors who wish to expand, modernize, or improve the efficiency or profitability of their operations or who seek product, market or production process opportunities. DATCP expects the proposed rule to have a positive economic impact upon the dairy industry and to have no negative economic impact statewide and locally.
Contact Person
Mike Bandli, DATCP; Phone (608) 224-5136.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the Governor on October 30, 2013.
The Department of Agriculture, Trade and Consumer Protection (DATCP) gives notice, pursuant to 227.135, Stats., that it proposes to adopt an emergency administrative rule.
Rule No.
Chapter
ATCP 21, Wis. Adm. Code (existing).
Relating to
Exotic plant pests.
Rule Type
Emergency.
Preliminary Objectives
An emergency rule authorized by this statement of scope will create county or multi-county or township or multi-township quarantines for an exotic plant pest in counties and townships where the pest is detected. Any emergency rule authorized by this scope statement will be submitted to the Governor for approval pursuant to s.
227.24 (1) (e),
1g., Stats., each time the department finds that a quarantine area for an exotic plant pest is required. The authorization to draft an emergency rule creating a quarantine area pursuant to this statement of scope will expire on the first day following the twelfth month of publication of this statement of scope pursuant to s.
227.135 (3), Stats., and a new statement of scope must be approved and published pursuant to s.
227.135 (2) and
(3), Stats., to continue the authorization of emergency rulemaking related to exotic pest quarantines.
A rule authorized by this statement of scope will do the following:
•
Create county or multi-county or township or multi-township quarantines in which an exotic pest is detected. The quarantine will prohibit the movement of all articles potentially harboring the damaging pest. These regulated articles would likely include: firewood, nursery stock, green lumber, and other woody material living, dead, cut or fallen, including logs, stumps, roots, branches and composted and uncomposted chips in the cases of Emerald Ash Borer (EAB), Asian Longhorned Beetle (ALB), Hemlock Woolly Adelgid (HWA) or Thousand Cankers Disease (TCD), as examples.
•
Provide an exemption for items that have been inspected and certified by a pest control official and are accompanied by a written certificate issued by the pest control official (some products, such as nursery stock, cannot be given an exemption).
•
Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles.
Preliminary Policy Analysis
DATCP has authority under s.
93.07 (12), Stats., to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats. DATCP may by rule impose restrictions on the importation or movement of serious plant pests, or items that may spread serious plant pests.
In recent years the rate of arrival of new exotic plant pests to the United States has increased significantly. Some of the exotic pests which have already invaded our country include Emerald Ash Borer (EAB), Asian Longhorned Beetle (ALB), Hemlock Woolly Adelgid (HWA), Thousand Cankers Disease (TCD) and Gypsy Moth (GM). The annual cost of these invasive forest insects to local governments is estimated at more than $2 billion; residential property value loss due to exotic forest pests averages $1.5 billion per year nationally. To date, EAB and GM have infested Wisconsin. EAB is an exotic pest that endangers Wisconsin's 770 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, including up to 20% of Wisconsin's urban street trees (with an estimated cost of $3 billion) and residential landscaping trees, and may result in substantial losses to forest ecosystems. The insect can cause great harm to state lands and to the state's tourism and timber industries. At this time, EAB has been identified in twenty-two states including Wisconsin, and two Canadian provinces. Twenty Wisconsin counties are currently quarantined to restrict the movement of ash wood in order to prevent the spread of EAB.
Nature of the Emergency
This emergency rule is necessary to create a timely quarantine of the counties or townships, and possibly bordering counties or townships, with new exotic plant pest detections until a federal quarantine is enacted. The federal quarantine will take effect up to six months after a formal submission by the state plant regulatory official.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. Section
93.07 (12), Stats., authorizes DATCP to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats.
Current and Proposed Federal Legislation and Comparison to Proposed Rule
In order to limit the spread of exotic plant pests, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS) has imposed quarantines for EAB in 20 states, ALB in 3 states, and GM in 18 states. Including Wisconsin, six states plus Canada have imposed an external quarantine for HWA, and sixteen states have done the same for TCD. DATCP rules currently prohibit movement of regulated plant articles from any federally quarantined area except under authorized conditions. This proposed rule is consistent with current state and federal rules.
Entities Affected
According to the American Forest and Paper Association (June 2011), Wisconsin is first in the nation in forestry jobs, employing over 56,000 workers and annually shipping forest industry products valued over $16.2 billion. Each year the agricultural industry also produces $1.38 billion of corn grain, and $511 million in soybeans. Additionally, Wisconsin leads the nation in snap bean production ($61 million annually) and ranks third in potato production ($293 million annually). Wisconsin apple orchards produce an annual yield of $28 million. This emergency rule could have an impact on persons or companies that deal in any agricultural crop or forest product from the quarantined counties or townships to locations outside of the quarantined counties.
The Wisconsin Department of Tourism reports that travelers to Wisconsin spent a total of $9.9 billion in 2011. Tourism directly sustains an estimated 128,000 jobs, or 5.5% of total employment in the state. Should Wisconsin's forests, parks, recreational areas and community trees be significantly damaged by an exotic plant pest, our tourism industry could also suffer substantially.
Nurseries, firewood producers/dealers, saw mills and farmers that sell or distribute articles potentially harboring the damaging exotic plant pest would all be impacted. In order to sell regulated products outside of a quarantined county, veneer mills and wood processors will have to enter into a compliance agreement with DATCP or APHIS. The agreement authorizes movement of products outside the quarantine only when there is assurance that the movement will not spread the plant pest to other locations. Licensed nursery growers will not be able to sell regulated nursery stock outside of the quarantined counties. Firewood dealers would need to be certified to sell firewood outside of the quarantined counties. Farmers would be required to treat with an approved treatment option, should one exist, before movement out of the quarantine. Grain elevators could enter into compliance agreements with DATCP or APHIS.
Policy Alternatives
If DATCP does nothing, potentially infested wood or agricultural products will be allowed to move freely and the department will not be able to regulate its movement. The department would have no regulatory authority in the counties with new exotic plant pest finds, raising the potential of a more rapid spread of an exotic invasive plant pest.
Statutory Alternatives
At this time there are no existing or proposed statutory alternatives.
Staff Time Required
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting a rule until the Governor and the Board of Agriculture, Trade and Consumer Protection approves this scope statement. The Board may not approve this scope statement any sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. The scope statement may not be published in the administrative register until DATCP has received written approval of the scope statement from the Governor. Before the department may publish an emergency rule, it must receive written approval of the proposed emergency rule from the Governor.
Contact Person
Corrections
This statement of scope was approved by the Governor on October 31, 2013.
Rule No.
Relating to
Delivering of money to inmates.
Rule Type
Emergency.
1. Description of the Objective of the Rule
The objective of the rule is to amend s.
DOC 309.46 to limit the form in which funds are received by an institution for the benefit of an inmate.
2. Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The current rule provision provides in pertinent part that “all money in any form delivered to any institution for the benefit of an inmate shall be delivered to the institution business manager." The Department established a policy and procedure under this rule provision which restricted the form of the funds it would accept to money orders or cashier checks. The Department does not accept cash or personal checks.
A recent Dane County Circuit Court case determined that the Department by its own rule is prohibited from limiting the form of the funds it will accept. State ex rel. White v. Hamblin, Dane County Circuit Court 13CV0362 (8/19/13). The Department recognizes that the decision has limited precedential value. However, the Department will abide by the decision as it applies to the inmate who brought the action. But the Department believes it prudent to pursue a change to the rule provision to avoid additional lawsuits brought by other inmates.
The Department is in the process of reviewing all of ch.
DOC 309, Resources for Inmates. However, the review of the entire chapter will not be completed for another year. The Department believes that this issue needs to be addressed more quickly.
3. Statutory Authority
Section
227.11 (2) (a) to
(c): 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:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
301.02: The department shall maintain and govern the state correctional institutions.
Section
301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s.
303.01.
4. Estimate of the Amount of Time State Employees will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
5. Description of All of the Entities that will be Affected by the Rule
This rule will affect all persons who are committed to adult correctional institutions and department staff.
6. Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no applicable federal regulations.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049,
kathryn.anderson@wisconsin.gov.
Corrections
This statement of scope was approved by the Governor on October 31, 2013.
Rule No.
Relating to
The general operations of the department of corrections.
Rule Type
Permanent.
1. Description of the Objective of the Rule
The objective of the rule is to create a rule chapter which addresses general operations of the department of corrections, including the requirement under s.
895.59, Stats., for the department to promulgate a rule relating to small businesses.
2. Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
Although the department of corrections has numerous rule chapters which address program areas relating to adult institutions, community corrections and juveniles, it does not currently have a rule chapter which addresses general operations. The department seeks to create a chapter which may be used for rule proposals which do not readily fit within one of the program areas. The department anticipates creating uniform definitions and operational language for inclusion in this chapter.
Although the nature of the department's statutory charge does not normally impact on or regulate small businesses as that term is defined in s.
227.114 (1), Stats., the department is mandated under s.
895.59 (2), Stats., to promulgate a rule “which requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business
…." The department intends on placing a rule section to address this statutory mandate in the new general operations chapter.
There are no policy alternatives to developing the rule.
3. Statutory Authority
Section
227.11 (2) (a) to
(c), Stats.: 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:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
895.59 (2), Stats.: Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. The rule promulgated under this subsection shall include the reduction or waiver of penalties for a voluntary disclosure, by a small business, or actual or potential violations of rules or guidelines. The rule promulgated under this subsection may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. The rule promulgated under this subsection shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses and shall include all of the following situations in which discretion is not allowed:
(a) The agency discovers the violation before the small business discloses the violation.
(b) The violation is disclosed after an agency audit or inspection of the small business has been scheduled.
(c) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.
(d) The violation results in a substantial economic advantage for the small business.
(e) The small business has repeatedly violated the same rule or guideline.
(f) The violation may result in an imminent endangerment to the environment, or to the public health or safety.
4. Estimate of the Amount of Time State Employees will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
5. Description of all of the Entities that will be Affected by the Rule
This rule will affect department staff and small businesses.
6. Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no applicable federal regulations.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049,
kathryn.anderson@wisconsin.gov.
Labor and Industry Review Commission
This statement of scope was approved by the Governor on October 15, 2013.
Rule No.
Relating to
Procedural rules for filing petitions for commission review and commission review of cases.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The commission analyzed its case review processes using the Value Stream Mapping (VSM) technique and identified ways to make its processes more efficient and lean. As a part of that process, the commission identified changes to its review process that require changes to the commission's rules. The commission's objective in revising its existing procedural rules is to increase the efficiencies in its processes and to reduce the time it takes to resolve cases petitioned by parties for commission review. The commission also examined its administrative rules governing procedures for continued applicability and necessity.
In ch.
LIRC 1, regarding general procedural rules, the proposed rule will clarify that commission review is a
de novo review of the record made at the hearing before an administrative law judge and will describe the record used for commission review. The proposed rule will clarify how the commission may take administrative notice of records maintained by the Department of Workforce Development (department), how the commission may contact the department (such as to verify monetary amounts reflected in decisions and overpayments or to verify the adjudicative process leading to the department's determination), and how the commission may protect and seal confidential information in the record (such as social security numbers). The proposed rule will clarify and expand when the commission may use a transcript of a hearing in lieu of a synopsis of a hearing. (The commission typically uses synopses of hearing testimony in its review but may use transcripts under certain circumstances.) The proposed rule will clarify how the commission may establish briefing schedules for parties in cases pending review. Finally, the proposed rule will clarify the process by which parties may request reconsideration or the setting aside of a commission decision.
In ch.
LIRC 2, regarding procedural rules for filing petitions for commission review of unemployment insurance appeal tribunal decisions, the proposed rule will revise the manner in which petitions for commission review may be filed. Currently, petitions may be filed in several ways with several department offices as well as with the commission. The proposed rule will clarify that the petitions for commission review of unemployment insurance appeal tribunal decisions may be filed only on-line through the commission's website. This will facilitate the desired automation of the commission's processes, reduce errors, and improve efficiencies and timeliness.
In ch.
LIRC 3 and
4, regarding procedural rules for filing petitions for commission review in worker's compensation and equal rights cases, the proposed rule will update the locations at which petitions for commission review may be filed. The commission will investigate the possibility of requiring petitions for commission review in these cases to be filed on-line with the commission.
Chapter
LIRC 5 will be created to explain the process for requesting review of an appeal tribunal decision regarding worker classification compliance by the commission pursuant to Wis. Stat. s.103.06 (6) (c). This statutory provision was created by
2009 Wisconsin Act 292. The commission must adopt rules to facilitate and explain the process for handling petitions for review under this new law.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule does not alter or establish any policies. The proposed rule only implements the commission's limited rulemaking authority to establish procedural rules under Wis. Stats. s.
103.04 (2).
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wisconsin Statutes s.
103.04 (2) authorizes the commission to promulgate rules of procedure. The commission is not authorized to promulgate any other rules.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 160 hours developing the rule. No other resources are necessary to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will affect all parties with cases being reviewed by the commission uniformly. Parties include individuals with worker's compensation, unemployment insurance, fair employment, public accommodation, or worker classification compliance claims; employers; worker's compensation insurance carriers; and the department.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations that address the procedures to be regulated by the proposed rule.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
The commission's rules apply uniformly to all parties with cases being reviewed by the commission and do not establish regulatory standards, or compliance or reporting requirements for businesses. The proposed rules will have no economic impact locally or statewide.
Contact Person
Tracey L. Schwalbe, LIRC General Counsel, (608) 266-7728.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
High school equivalency diplomas and certificates of general educational development.
Rule Type
Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The number of subtests and the passing scores for the General Educational Development (GED) Test will be changing in January 2014 when a new test is implemented by the GED Testing Service. Unless the rule is changed to reflect these new subtests and passing scores, the Department may be prevented from issuing credentials for test takers who pass the GED Test because the required passing scores will be incorrect.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the GED Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014 when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.
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
This rule change is designed to align the rule with changes in the GED Test and with current statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.29 General powers. The state superintendent may:
(4) High school graduation equivalency. (a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Testing and preparation sites authorized by the state superintendent to administer the GED Test may be affected by the proposed rule, including technical colleges, community based organizations, correctional institutions and high schools throughout Wisconsin.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Contact Person
Bureau For Policy And Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
2013-15 budget changes to youth options and course options.
Rule Type
Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The 2013-15 budget,
2013 Wisconsin Act 20, recreated the part-time open enrollment program into the course options program under s.
118.52, Stats. A rule is needed to govern the course options program since an application process must be in place for those students wishing to apply to take course options classes in the spring and fall of 2014. Unless a rule is in place, the Department may be prevented from efficiently implementing and administering the course options program.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rulemaking is to create a separate rule chapter to reflect the course option structure that was created in the 2013-15 budget and delete the part-time open enrollment portion of ch.
PI 36. Additionally, the youth options rule chapter may need to be updated to align with the changes in the course options rule chapter.
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 2013-15 budget,
2013 Wisconsin Act 20, made significant changes to the part-time open enrollment program. As a result, the rule chapters for the part-time open enrollment program and youth options program need to be revised to reflect those changes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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." A rule is necessary to effectively administer the course options program under s.
118.52, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
School districts will be affected by this rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Contact Person
Bureau For Policy And Budget
Attn: Katie Schumacher
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was approved by the Governor on October 31, 2013.
Rule No.
Chapters
SPS 1,
1 Appendix
I,
1 Appendix
II,
2,
2 Appendix
I,
3,
3 Appendix
I,
4,
6,
7,
8,
8 Appendix
I,
9, and
500 (revise).
Relating to
Administrative procedures and small business enforcement discretion.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking project is intended to review and update Department administrative procedures and incorporate rule changes to ch.
SPS 500, Wis. Adm. Code, as affected by the enactment of
2011 Wisconsin Act 46.
The Department is evaluating a number of modifications to SPS chapters. Modifications include:
1. Clarifying procedures for summary judgment motions.
2. Eliminating references to former Division titles.
3.
Modifying deadlines associated with the assessment of costs in s.
SPS 2.18, Wis. Adm. Code.
4.
Updating the reference to the “complainant's attorney" in ch.
SPS 2 Appendix I, Wis. Adm. Code.
5. Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.
6.
Adding pertinent rule authority references to ch.
SPS 4, Wis. Adm. Code.
7.
Amending s.
SPS 6.11, Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.
8.
Revising the definition of “first occurrence" in ch.
SPS 8, Wis. Adm. Code, to more closely align with s.
440.205, Wis. Stats.
The rules are also to be reviewed for clarity, consistency and format which may result in non-substantive revisions.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by the proposal.
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
Existing rules for Department administrative procedures reflect previously used practices and policies. Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, and incorporate technological efficiencies. The alternative to updating and modernizing Department administrative procedures is to continue with current rules that reflect outdated practices and create inefficiencies and uncertainties.
2011 Wisconsin Act 46 requires that each agency establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. These rules must include a definition of “minor violation". Chapter
SPS 500 outlines the discretion that may be exercised by the Department in enforcement actions undertaken to obtain compliance with Department rules and guidelines, by a small business. This chapter, however, does not include a definition of “minor violation". The proposed rule change would incorporate a definition of “minor violation" to ch.
SPS 500 as required by
2011 Wisconsin Act 46.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.04 (2) (b), Wis. Stats. Consistent with the requirements under s.
895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of “minor violation".
Section 227.11 (2) (a), Wis. Stats. 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:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 440.03 (1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section 440.03 (13) (am), Wis. Stats.
A person holding a credential under chs.
440 to
480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All Department credential holders
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
Contact Person
Safety and Professional Services
Uniform Dwelling Code, Chs.
SPS 320—325
This statement of scope was approved by the Governor on October 29, 2013.
Rule No.
Relating to
One- and two-family dwellings.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking is to update and clarify Wisconsin's Uniform Dwelling Code (UDC), as contained in chs.
SPS 320 to
325. This Code establishes statewide construction and inspection standards for one- and two-family dwellings, including modular homes. This update and clarification should make this Code consistent with contemporary construction practices, products, and materials; model standards and codes; and regulatory practices — in order to protect the health, safety, and welfare of the occupants and owners of these dwellings. These rule changes may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
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 Uniform Dwelling Code establishes statewide, uniform construction and inspection standards; includes references to many national standards and codes; and reflects national building and energy-efficiency trends. The most recent update of this Code began in 2005 and became effective on April 1, 2009. The Wisconsin Statutes require the Department to review this Code every three years, and authorize the Department to revise the rules after consulting with the Governor-appointed Uniform Dwelling Code Council.
Working with the UDC Council, the Department plans to correct code-clarity problems; incorporate code interpretations that have been developed since the last code-change cycle; update currently adopted standards; incorporate new construction practices, products, standards, or materials; and incorporate any needed new requirements.
The alternative of not updating the Code would result in it not being current with nationally recognized construction and inspection practices and standards. Continuing to use the Code as it exists now may create confusion among designers, builders, and local inspectors about how newer materials and standards should be used, regulated, or applied. Not updating the Code could also jeopardize the health, safety, or welfare of the occupants and owners of one- and two-family dwellings.
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
101.63 (1), Stats., requires the Department to
establish standards for the construction and inspection of one- and two-family dwellings and components thereof.
Where feasible, the standards used must be nationally recognized. No set of rules may be adopted that has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Section
101.64 (3), Stats., authorizes the Department to revise these rules after consultation with the Uniform Dwelling Code Council.
Section
101.64 (6), Stats., authorizes the Department to adopt rules prescribing procedures for approving new building materials, methods, and equipment.
Section
101.653 (2), Stats., requires the Department to promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and two-family dwellings at sites which have a land-disturbance area of less than one acre.
Section
101.653 (2m), Stats., requires the Department to promulgate rules for the administration of this erosion control, by counties, cities, villages, and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.
Section
101.73 (1), Stats., requires the Department to adopt rules that establish standards for the use of building materials, methods, and equipment in the manufacture and installation of modular homes for use as dwellings. Section
101.74 (3), Stats., authorizes the Department to revise these rules after consultation with the Uniform Dwelling Code Council.
Section
101.74 (6), Stats., requires the Department to adopt rules prescribing procedures for approving new building materials, devices, and methods for the manufacture or installation of modular homes as dwellings.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
800 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking may affect any entity that is involved in the construction, remodeling, or inspection of one- and two-family dwellings, including modular homes.
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
Title 16, Part 1201 of the Code of Federal Regulations contains safety requirements for glazing materials in storm doors or combination doors, doors, bathtub doors and enclosures, shower doors and enclosures, and sliding-glass doors. Any rule changes that are advanced under this scope statement are not expected to infringe on these federal requirements. No other current or proposed federal regulations were found relating to this rulemaking.
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.
Contact Person
Sam Rockweiler, Rules Coordinator, sam.rockweiler@ wi.gov, (608) 266-0797.
Safety and Professional Services
Uniform Dwelling Code, Chs.
SPS 320—325
This statement of scope was approved by the Governor on October 28, 2013.
Rule No.
Relating to
Wall bracing.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
Some building designers find the current rules for wall bracing too difficult to understand and apply, which results in unnecessary costs and delays. Promulgating changes to the rules through the emergency rule process is needed in order to avoid these costs and delays as soon as possible. In addition, the report that the Uniform Dwelling Code Council is required to complete by July 1, 2014, under section
101.62 (4) of the Statutes may include recommendations to clarify these rules through the emergency rule process.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking project is to revise and simplify wall bracing provisions under the Uniform Dwelling Code, chs.
SPS 320 to
325.
The objective of the rule is to have a clearly understood rule that enhances compliance with regard to design, construction, and inspection.
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
Chapters
SPS 320 to
325, the Uniform Dwelling Code, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings. Under the construction standards of ch.
SPS 321, dwellings are required to meet structural performance provisions to support the actual dead load, live loads and wind loads acting upon it. The minimum wind load is specified at 20 pounds per square foot acting over the surface area of the dwelling. Code provisions also include various prescriptive specifications and alternative provisions that are recognized to address the wind load requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the Uniform Dwelling Code is under section
101.63 (intro.) and
(1) (intro.) of the Statutes, which reads as follows:
“The department shall:
(1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s.
254.61 (1), except that the rules apply to all of the following:"
In addition, under section
101.63 (5) of the Statutes, the department shall “Review the rules adopted under this subchapter once every 3 years."
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rule is expected to be about 200 hours. This time includes research, drafting rules, consulting and meeting with the UDC Code Council, and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The rulemaking project may affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including designers, contractors, and inspectors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the activities to be regulated for one- and 2-family dwellings. However, CFR Title 24, Part 3280 contains construction and safety standards for manufactured homes.
8. Anticipated Economic Impact of Implementing the Rule
It is anticipated that the potential impact of implementing these rules may include reducing dwelling-construction costs.
Contact Person
Sam Rockweiler, Rules Coordinator, sam.rockweiler@ wi.gov, (608) 266-0797.
