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Any petition may be withdrawn at any time prior to the issuance of a final order based on it, by motion granted by the commission.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 If the sole pending petition is withdrawn after the petition filing deadline set forth in s. ERC 80.03 (7) (a)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)
but with the date of dismissal of the withdrawn petition applying in place of the date specified in s. ERC 80.03 (7) (a)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.
(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. 111.83 (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
(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.
(c) If the commission overrules all objections, it shall promptly issue a certification of the election results.
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
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.)
Notice of Hearings
Safety and Professional Services —
Real Estate Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Real Estate Examining Board in sections 15.08 (5) (b)
, 227.11 (2)
, 452.07 (1m)
, and 452.12 (6) (a)
, Stats., and interpreting sections 452.07 (1m)
, 452.05 (1) (b)
, and 452.07
, Stats., the Real Estate Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters REEB 22
and amend sections 11.01 (intro.), 11.02 (intro.) 12.04 (1) (intro.) and (2) (intro.), and 25.065 (1) and (Note), relating to apprentices and inactive licenses.
Date: Thursday, February 20, 2014
Time: 10:00 a.m.
Locations: 1400 East Washington Avenue
(Enter at 55 North Dickenson Street)
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, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to Jean.MacCubbin@wisconsin.gov
. Comments must be received at or before the public hearing to be held on February 20, 2014
, 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, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366, by email at Jean.MacCubbin@wisconsin.gov
or on our website at http://dsps.wi.gov/
Analysis Prepared by the Department of Safety and Professional Services
Explanation of agency authority
Examining boards are generally authorized by ss. 15.08 (5) (b)
and 227.11 (2) (a)
, Stats., to promulgate rules for their own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Under s. 452.07 (1m)
, Stats., the board shall advise the secretary on rulemaking relating to licensees and promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice. Section 452.12 (6) (a)
, Stats., sunset on October 31, 1995; it states that: “Any licensee, except a time-share salesperson registered under s. 452.025
, may apply for registration as an inactive licensee on or before the license renewal date. This paragraph does not apply after October 31, 1995."
Related statute or rule
Plain language analysis
In response to Executive Order 61, the Real Estate Examining Board reviewed their rules, Chs. REEB 1
, and identified two areas that either no longer reflected contemporary industry practices or had sunset by state statutes.
While provided through statutory authority, s. 452.12 (6) (a)
, Stats., an individual may apply for a registration as an apprentice under a supervisory broker. In this review, it was determined that such the process in ch. REEB 22
, relating to apprentices, is no longer followed in practice. Real estate brokers have the opportunity to train future license applicants as unlicensed professionals and do so in a less formal mentoring role within the guidelines of the duties of a supervising broker. The Board, therefore, chose to eliminate this chapter in its entirety.
Regarding the review of ch. REEB 26
, inactive licenses, it was found that although a process was in place for recognizing inactive licenses, the agency had only received one application in the past 18 months and that license has since expired. In addition, s. 452.12 (6) (a)
, Stats., provided for applications for inactive licenses, this section sunset on October 31, 1995. The Board, therefore, chose to eliminate this chapter in its entirety.
SECTION 1. This section proposes various amendments related chapters in the REEB series (chs. REEB 1
). Specifically proposed is to delete references to chs. REEB 22
, and references in the renewal sections if the individual had the status of an inactive licensee and references to s. 452.12 (6)
, Stats., specific to inactive licensees.
SECTION 2. This section proposes to repeal both chapters REEB 22, apprentices, and REEB 26, inactive licenses.
SECTION 3. This section defines the effective date of this rule once through the rulemaking process as specified in s. 277.11 (12)
Summary of, and comparison with, existing or proposed federal regulation
The federal government does not mandate licenses for active or inactive real estate brokers or salespersons; or are there laws regarding apprenticeships in the real estate profession.
Comparison with rules in adjacent states
The following information is a result of an Internet-based search for the four adjacent states.
Illinois: The state of Illinois does not license or have requirements for application as a real estate apprentice. Illinois codes and law do not provide for an inactive license. [Title 68b: professions and occupations, part 1450 real estate license act of 2000]
Iowa: The state of Iowa does not license or have requirements for application as a real estate apprentice. An inactive status in Iowa is required (only) when a salesperson is no longer employed by a broker or is in the process of transferring to another broker. [Iowa code 543B.33]
The state of Michigan does not license or have requirements for application as a real estate apprentice. Michigan law does not provide for inactive real estate licenses. [ch. 339
, Article 25 of Public Act 299 of 1980]
Minnesota: The state of Minnesota does not license or have requirements for application as a real estate apprentice. Nothing in these state rules provide for an inactive license status. [MN Statutes 82]
Summary of factual data and analytical methodologies
In the past year, the board reviewed their rules and found that the training of unlicensed individuals was more beneficial to future license applicants and supervising brokers than the process outlined in ch. REEB 22
, relating to apprentices. Supervising brokers are provided with such duties in s. 452.12 (3)
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The Real Estate Examining Board was the primary source for determining the potential impacts of both the technical and administrative elements of these rules. A responsibility of the Board is to bring forth any concerns they may be aware of or have with the current requirements and with rule changes, and any concerns for any potential economic impacts from the changes. In addition, staff was consulted to provide data on the number of inactive and apprentice licenses or requests.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
This rule change will not have an effect on small business.
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 8366 Madison, Wisconsin 53708-8366; telephone 608-266-0955 or telecommunication relay at 711; email at Jean.MacCubbin@wisconsin.gov
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapters REEB 22 & 26, apprentices and inactive licenses
Real estate apprentices and inactive real estate licenses
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
⍽ 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
Responding to Executive order 61, the Real Estate Examining Board found in their review of their rules that the basis of one rule chapter, ch. REEB 26 inactive licenses, providing for inactive licenses had sunset on October 31, 1995. In addition, they found that the process of having apprentices was no longer used in the industry. Supervisory real estate brokers continue to have the opportunity to train future license applicants as unlicensed professionals and do so in a less formal mentoring role within the guidelines of the duties of a supervising broker. The Board chose to repeal both chapters REEB 22 and 26.
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.
Licenses particularly those in the role of supervising broker would be affected in a positive manner as they no longer be required to complete and submit forms or document training of apprentices. Within the guidelines of a supervising broker, supervising brokers could continue less formal mentoring of unlicensed individuals in preparation for examination or license application.
11. Identify the local governmental units that 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)
These rules are not expected to have a fiscal impact on small business, the state's economy as a whole, or other sectors listed above.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
With the repeal of two chapters, minimal internal efficiencies are expected to be realized. Real estate brokers, on the other hand, would continue to mentor unlicensed individuals within the guidelines for supervisory brokers.
14. Long Range Implications of Implementing the Rule
There is expected to be no foreseeable effect of this rule, as one process is rarely used and an alternative process for training exists.
15. Compare With Approaches Being Used by Federal Government
The federal government does not mandate licenses for active or inactive real estate brokers or salespersons; nor are there laws regarding apprenticeships in the real estate profession.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
An Internet-based search revealed that none of the adjacent states license or have requirements for application as a real estate apprentice. Regarding inactive licenses, in Iowa requires an inactive license when a salesperson is no longer employed by a broker or is in the process of transferring to another broker; the other three states have no rules or laws pertaining to inactive status or licenses.
17. Contact Name
18. Contact Phone Number
This document can be made available in alternate formats to individuals with disabilities upon request.