Rule-Making Notices
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
115.28 (7) (a), Stats., and interpreting s.
115.28 (7) (g), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the revision of Chapter
PI 34, relating to charter school licenses.
Hearing Information
Date: Monday, March 24, 2014
Time: 3:00 to 5:00 p.m.*
Location: GEF 3 Building
125 South Webster Street
Room 041
Madison, Wisconsin
*If no speakers are remaining, the hearing will conclude early (but no earlier than 3:30 p.m.). Those that would like to testify should plan to be there at the beginning of the hearing. For those who cannot attend the public hearing, comments received by the Department will be given the same weight as testimony.
The hearing site is fully accessible to persons with disabilities. If you require reasonable accommodation to access the meeting, please call Katie Schumacher at (608) 267-9127, or leave a message with the Teletypewriter (TTY) at (608) 267-2427, at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Place Where Comments are to be Submitted and Deadline For Submission
Agency Contact Person
Katie Schumacher, Administrative Rules Coordinator and Small Business Regulatory Coordinator,
Katie.Schumacher@dpi.wi.gov, Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841.
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
115.28 General duties. The state superintendent shall:
(7) Licensing of teachers. (a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss.
118.19 (2) and
(3),
118.192, and
118.195; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.
Related statute or rule
N/A.
Plain language analysis
Chapter
PI 34 governs the issuance of licenses for public school personnel in the State of Wisconsin. This rule change was done to align the rule with newly created law under s.
115.28 (7) (g), Stats., regarding the three-year charter license. The following changes were made to ch.
PI 34:
• Created the criteria to apply and renew the three year charter school license as newly created under s.
115.28 (7) (g), Stats.
•
Added clarifying language to make clear the difference between the newly created three year charter license and the existing charter school instructional license.
•
Created the 1-year charter school instructional staff license for already licensed teachers in non-virtual charter schools who are unable to demonstrate their content knowledge in core academic subjects before being hired.
•
Removed the reference to the 30 hours of training required to teach online that was removed from statute under
2013 Wisconsin Act 20.
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
2013 Wisconsin Act 20 created s.
115.28 (7) (g), Stats., which requires the Department of Public Instruction (DPI) to grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based on criteria established by the DPI, that the person is proficient in the subject or subjects he or she intends to teach. Chapter
PI 34 will be modified to include the criteria that a person must meet to demonstrate that the person is proficient in the subject or subjects he or she intends to teach.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
This rule change could impact public schools, including charter schools and educator preparation programs.
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
(608) 267-9127
Text of Rule
SECTION 1. PI 34.241, PI 34.242, and PI 34.243 are created to read:
PI 34.241 Charter school instructional staff license.
(1) A charter school instructional staff license may be issued to an applicant who holds a valid initial, professional or master educator teaching license issued by the department. The license authorizes an individual to teach any grade or any subject outside the individual's initial, professional or master educator teaching license in a non-virtual charter school. To be eligible for the charter school instructional staff license, an applicant shall meet the following criteria:
(a) An applicant assigned to teach any core academic subject, as defined under
20 USC 7801(11), in a non-virtual charter school shall verify one of the following:
1. A major or minor from a regionally-accredited institution in each of the assigned core academic subjects.
2. Passing a content knowledge examination prescribed by the state superintendent in each of the assigned core academic subjects.
3. Demonstrated knowledge and competence in each of the assigned core academic subject based on an assessment process approved by the state superintendent.
(b) An applicant assigned to teach any subject that is not considered a core academic subject may be eligible for a charter school instructional staff license without verification of criteria listed under par. (a).
(2) The applicant under this section shall submit a complete application, developed by the department, specifying the applicant's qualifications for the license.
(3) A charter school instructional staff license shall have the same license term as the valid initial, professional or master educator teaching license not to exceed five years. The charter school instructional staff license shall not have the same license term as the life license or the master educator license.
(4) A one-year charter school instructional staff license may be issued to an applicant who holds a valid teaching license but has not demonstrated content knowledge in a core academic subject area as defined under
20 USC 7801(11). The license may be issued for any assigned grade level and any assigned subject in a non-virtual charter school. To receive this one-year license, a district administrator or designated official of the employing school district or charter school under s.
118.40, Stats., shall request a license on behalf of the applicant following a search for a qualified, licensed individual. This license is renewable for one-year periods if the applicant is making adequate progress toward eligibility for the charter school instructional staff license with verification that he or she has completed 6 semester credits each licensure term toward a content minor in his or her assigned teaching area until such time that one of the criteria under sub. (1) (a) has been completed.
PI 34.242 Three-year charter license.
(1) An individual who holds a bachelor's degree from a regionally-accredited institution may be eligible to obtain this license to teach in a non-virtual charter school. An applicant shall demonstrate the appropriate level of content knowledge in each of the subjects the applicant is assigned to teach by verifying one of the following:
(a) Completion of a major or minor from a regionally-accredited institution in each of the assigned academic subjects.
(b) Passing a content knowledge examination prescribed by the state superintendent in each of the assigned academic subjects.
(c) Demonstrated knowledge and competence in each of the assigned academic subjects based on an assessment process approved by the state superintendent.
(2) The applicant under this section shall submit a completed application, developed by the department, specifying his or her qualifications for the license.
(3) The license is renewable for three-year periods.
PI 34.243 Teaching licenses for educators teaching in a virtual charter school.
An individual assigned to teach in a virtual charter school under s.
118.40 (8) (b) 1., Stats., shall hold a valid initial, professional or master educator license in each of the grades and subject areas of that individual's assignment.
SECTION 2. PI 34.33(intro) is amended to read:
PI 34.33 Supplementary categories.
Except as specified under sub. (1) (c), in order to receive a license issued under a supplementary category under this subchapter, an individual shall hold or be eligible to hold an initial, professional, or master educator teaching license issued by the department under subch. VII. Licenses under this subchapter may be issued in the following categories:
SECTION 3. PI 34.34(1), (2), and (2m) are repealed.
SECTION 4. 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 AND
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
|
Charter School Teaching License
|
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
|
X Increase Costs
X 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
|
2013 Wisconsin Act 20 created s. 115.28(7)(g), Stats., which requires the Department of Public Instruction (DPI) to grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based on criteria established by the DPI, that the person is proficient in the subject or subjects he or she intends to teach. PI 34 will be modified to include the criteria that a person must meet to demonstrate that the person is proficient in the subject or subjects he or she intends to teach.
|
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:
The effect on local school districts is indeterminate. It is unclear how this change to the way charter school teachers are licensed will affect the supply of teachers for charter schools and non-charter schools.
State:
Implementing a new framework for issuing charter school teaching licenses may slightly increase costs, but those costs could be absorbed by the department.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
This proposed rule change will include the proficiency criteria established by DPI that a person must meet in order to be granted a charter school teaching license. The Department is required to establish criteria by 2013 Wisconsin Act 20.
|
Long Range Implications of Implementing the Rule
|
The Department will establish criteria for determining whether an educator is proficient in the subject the educator intends to teach for the purposes of being granted a charter school teaching license. The Department is required to do this under 2013 Wisconsin Act 20.
|
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 Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.11 (2) (a) (intro) and
118.51, Stats., and interpreting s.
118.51, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the revision of Chapter
PI 36, relating to the full-time open enrollment program.
Hearing Information
Date: Tuesday, March 25, 2014
Time: 3:00 to 5:00 p.m.*
Location: GEF 3 Building
125 South Webster Street
Room 041
Madison, Wisconsin
*If no speakers are remaining, the hearing will conclude early (but no earlier than 3:30 p.m.). Those that would like to testify should plan to be there at the beginning of the hearing. For those who cannot attend the public hearing, comments received by the Department will be given the same weight as testimony.
The hearing site is fully accessible to persons with disabilities. If you require reasonable accommodation to access the meeting, please call Katie Schumacher at (608) 267-9127, or leave a message with the Teletypewriter (TTY) at (608) 267-2427, at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Place Where Comments are to be Submitted and Deadline for Submission
Proposed Order of the State Superintendent of Public Instruction Adopting Permanent Rules
The scope statement for this rule, SS
074-13, was published in
Register No. 691, on July 14, 2013, and approved by State Superintendent Tony Evers, on July 24, 2013. 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 (DPI) is not required to obtain the Governor's approval for the statement of scope or this rule.
The State Superintendent of Public Instruction hereby proposes to renumber Subchapter
III of Chapter PI 36 and sections
PI 36.06 to
PI 36.09; to repeal and recreate Subchapters
I,
II, and
IV of Chapter PI 36; and to create Subchapter III of PI 36; relating to the full-time open enrollment program.
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
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.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
Related statute or rule
N/A.
Plain language analysis
The proposed changes include: designation of open enrollment spaces and approval and denial of applications; handling of applications submitted under the regular and alternative application procedures; procedures for terminating open enrollment due to habitual truancy; procedures for considering whether a special education cost is an undue financial burden; confidentiality of pupil records as they relate to open enrollment; procedures and standards for open enrollment appeals; administrative and aid transfer procedures; and procedures for filing claims and making payments to parents for open enrollment transportation reimbursement.
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 Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments, including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by a number of court decisions. Nearly 3,000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of PI 36 to address the statutory changes and issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated. School districts, parents and pupils will be affected by this rule.
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
(608) 267-9127
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated
⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapter PI 36
|
Subject
|
Public School Open Enrollment Program
|
Fund Sources Affected
|
Chapter 20, Stats. Appropriations Affected
|
X GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
20.255(2)(ac)
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
X 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
|
Administration of the public school open enrollment program
|
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 open enrollment statue affects school districts. When a pupil transfers from a nonresident to a resident school district, money follows the pupil from the resident to the nonresident school district through an increase or reduction in the school district's state aid payment(s). School districts in which more pupils transfer in than out will receive a net increase in their state aid payment; school district in which more pupils transfer out will receive a net decrease in their state aid payment. There is no economic impact on school districts that is specific to the rule.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit to implementing the rule is to provide specificity and clarification to the administration of the open enrollment program and to comply with statute. The alternative to implementing the rule is to administer the program through “guidelines" that do not have the force of law.
|
Long Range Implications of Implementing the Rule
|
There are no long range implications that are specific to the rule.
|
Compare With Approaches Being Used by Federal Government
|
There is no comparable program at the federal level.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Open enrollment funding is established in state statute. There is no effect that is specific to the rule.
Illinois, Iowa, Michigan and Minnesota also have public school choice programs. However, all of these states have foundation funding systems for public schools, while Wisconsin has a tax-base equalizing formula. Under a foundation funding system, there is no direct transfer of money from the resident to the nonresident school district; instead the district of attendance (nonresident school district) receives the per pupil foundation amount directly, rather than as a transfer of funds from the resident to the nonresident school district.
|
Name and Phone Number of Contact Person
|
Katie Schumacher, 608-267-9127
|
Notice of Hearing
Safety and Professional Services
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2),
444.035,
444.04,
444.06,
444.095 (3), and
444.19, Stats., and interpreting ss.
444.02 (2),
444.04,
444.06, and
444.095 (4), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters
SPS 100 to
105 and to revise Chapters
SPS 192 to
196, relating to mixed martial arts, amateur boxing, and professional boxing.
Hearing Information
Date: Wednesday, March 12, 2014
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin
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 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
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
444.035, Stats., reads: “Bond. The department shall by rule require a promoter or club conducting a professional contest or amateur mixed martial arts fighting contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter's or club's expenses in conducting the contest, including payments to contestants and to the department."
Section
444.04, Stats., reads: “Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s.
20.165 (1) (jm)."
Section
444.06, Stats., reads:
“Inspectors.
The department shall appoint official inspectors, each of whom shall receive a card authorizing the inspector to act wherever the department designates. The department may be, and at least one inspector shall be present at all professional contests and all amateur mixed martial arts fighting contests and see that the rules are strictly observed. Inspectors shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The department may require a promoter or club to pay the cost of designating additional inspectors, who may include a referee or judge performing the duties of an inspector, for an event. The department may require a promoter or club to pay the department an amount not to exceed $250 for each additional inspector designated by the department."
Section
444.095 (3), Stats., reads: “The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting contests:
(a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests.
(b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following:
1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists.
2. Annual screening for HIV, hepatitis B, and hepatitis C.
3. For female contestants, pregnancy tests before contests.
(c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants."
Section
444.19, Stats., reads: “Fee adjustments by rule.
Notwithstanding ss.
444.02 (3),
444.03,
444.06, and
444.11, the department may by rule adjust the fees under this chapter to account for changes in the department's costs in administering and enforcing this chapter."
Related statute or rule
There are no other related statutes or administrative rules other than those listed herein.
Plain language analysis
The major changes in this proposed rule entail repealing chs.
SPS 100 to
105, reorganizing ch.
SPS 192 into the main chapter for mixed martial arts, and merging of provisions in chs.
SPS 193 to
196 into ch.
SPS 192.
SECTIONS 1 and 8. The first treatment section repeals the chapter series chs.
SPS 100 to
105, pertaining to amateur boxing, which removed the department's authority to regulate amateur boxing under
2003 Act 285. Later in this proposed rule, text incorporates those pertinent sections with mixed martial arts into chs.
SPS 190 to
196, of which amateur boxing is a combative sport and is so collectively defined.
SECTION 2. A new chapter heading for the major chapter, SPS 192, deals with mixed martial arts and sporting events or fighting contests. The chapter now reflects the compilation of various licenses and event specifications into one chapter.
SECTIONS 3, 19, and 28. These sections detail the newly reorganized ch.
SPS 192 with various subchapters and titles of subchapters.
SECTION 4. This renumbered section more clearly indicates the statutory authority given to the department for mixed martial arts and fighting contests, removing all references to amateur boxing.
SECTIONS 5, 26, and 48. These sections repeal current code text; specifically joints and compression locks, medical insurance coverage, and physical exams. Provisions relating to physicals and exams have been retained in another portion of the rule, as has medical insurance coverage.
SECTIONS 6 and 7. These sections are renumbered and amended to clarity that the rules are contained in one chapter, as are the definitions. Some new definitions are added.
SECTIONS 9 and 10. These sections are renumbered and any formatting or typographical errors are corrected.
SECTIONS 11, 13 to 14, 16 to 18, 20 to 24, 27, 29 to 33, 35 to 38, 40 to 44, 50, 51, and 57. In addition to renumbering, the new subchapters in ch.
SPS 192, eligibility criteria and process requirements, are amended to reflect the accurate cross references. These sections are also renumbered and any formatting or typographical errors are corrected.
SECTION 12. An added requirement for eligibility and title is created.
SECTION 25. Notes are created to reference various statutory language.
SECTION 34. In addition to renumbering and correcting formatting or typographical errors, monetary allowances and compensation have been updated to include minimum and maximum mileage rates, when lodging is to be provided by the promoter, and the time frame an agreement is to be signed. This timeframe has been extended to 10 business days.
SECTION 39. Two additional fouls have been added for amateur contestants — spine attacks and dropping an opponent on one's head or neck.
SECTION 45. A new section on equipment required in the corner has been added. These items relate to maintaining an antiseptic environment and responding to minor medical needs.
SECTION 46. This section has been amended to delineate the number of bouts or rounds. The minimum number of rounds has been reduced to eight.
SECTION 47. A newly created section specifies the combining of certain types of bouts and which are allowed or prohibited.
SECTION 49. Various text relating to medical examination and testing has been amended to reduce duplication.
SECTIONS 52 and 53. These sections relate to electrolyte-replacement beverages now reflecting current trade names; prohibited items are also listed along with energy stimulants and pills.
SECTIONS 54 and 55. Most of ch.
SPS 196 has been incorporated into subch.
V of ch. SPS 192. These provisions relate to suspension and discipline, as well as rest periods and drug testing. Major changes are correcting formatting errors and proving text with more clarity.
SECTION 56. A new section in administrative suspensions has been added, dealing mainly with suspension periods as reported by American Boxing Commission's national database.
Summary of, and comparison with, existing or proposed federal regulation
The federal law regulating boxing is U.S. Code Title 15, Chapter
89 Professional Boxing Safety, 6301-6313. The relationship to state law is stated in s. 6313, “nothing in this Act [
15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [
15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are:
15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions;
15 USC 6308, which bars conflict of interest in a prompters interest in a contestant and requires the reporting of receipts.
Comparison with rules in adjacent states
An Internet-based search revealed the following information.
Illinois: In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
Iowa: In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.
Michigan: In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
Minnesota: In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §
341.21-§
341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
Summary of factual data and analytical methodologies
Since the initial rules became effective in April 2011, the department has had experience in what is considered best practices. In addition, the proposed changes also reflect the improvement of various administrative elements and contemporary industry practices. More significantly, the rules were methodically combined into one major rule chapter, ch.
SPS 192. Outreach was made to various stakeholders for input and comment.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The department posted for 14-days the notice of economic input and received no comment.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
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.
Environmental Assessment/Statement [if required]
N/A
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 telecommunications at 711; email at
jean.maccubbin@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
|
SPS 192 to 196 and 100 to 105
|
3. Subject
|
Mixed martial arts, amateur boxing and, professional boxing
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO ⍽ PRS
⍽ SEG ⍽ SEG-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
|
With the exception of clarifying inconsistencies within the rules cited above, two Wisconsin Acts, (2003 Wisc. Act 285 and 2009 Wisc. Act 111), precipitated the enactment of these rules and the majority of the proposed changes. The 2003 Wisc. Act 285 addressed only the department's role in professional boxing; amateur boxing was then sanctioned by the U.S. Olympic Committee, [36 USC 220521]; this rule repeals all rules for amateur boxing. The 2009 Wisc. Act 111 amended the current rules on boxing and added mixed martial arts fighting under the authority of the department.
These administrative rules for amateur boxing and marital arts (chs. SPS 192 to 196 100 to 105 110 to 1160) were previously drafted in haste and are found to be duplicative and in need of clarity. This proposed rule will delete unneeded chapters, merge similar license and event specifications, and provide more organized rule provisions into fewer chapters. The one major chapter, ch. SPS 192, is now organized into subchapters to provide more clarity and a simpler chapter.
|
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.
|
Entities that may be affected by this proposed rule include those promoting and conducting mixed martial arts contests, such as promoters, clubs, matchmakers, contestants, judges, referees, ringside physicians, seconds, inspectors, and timekeepers.
|
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)
|
With the exception of revising the requirements for medical insurance coverage as specified under s. 444.18, Stats., there are no additional policies, regulations, or fees associated with the proposed rules.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The reorganization of ch. SPS 192 is expected to have the biggest benefit on those seeking various licenses or planning mixed martial arts fighting contests. The department, too, shall reap benefits with a clearer, more simplified rule for education and enforcement purposes.
|
14. Long Range Implications of Implementing the Rule
|
The department, as well as those regulated under this chapter, will benefit with a clearer, more simplified rule for planning and enforcement purposes.
|
15. Compare With Approaches Being Used by Federal Government
|
The federal law regulating boxing is U.S. Code Title 15, Chapter 89 Professional Boxing Safety, 6301- 6313. The relationship to state law is stated in s. 6313, “nothing in this Act [15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are: 15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions; 15 USC 6308, which bars conflict of interest in a promoter's interest in a contestant and requires the reporting of receipts.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Most adjoining states have either a board or a division that oversees the licenses of the individuals regulated under mixed martial arts or the regulations for sporting events/fighting contests.
In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.
In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §341.21-§341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
|
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
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a) and
440.26 (3m), Stats., and interpreting ss.
440.26 (3m) and
(5r), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections
SPS 34.01 (1) (f) and
(fm),
34.02 (2) (Note); renumber section
SPS 34.01 (1) (g) to
(i) as
34.01 (1) (f) to
(h) and sections
SPS 34.06 and
34.07 as
34.11 and
34.12; renumber and amend section
SPS 34.015 (6) as
34.015 (5) and section
SPS 34.02 (2) (intro.),
(a) and
(b) as section
SPS 34.02 (2) (a) and
(b) 1. and
2., section
SPS 34.05 as
34.10, and section
SPS 34.08 as
34.13; amend sections
SPS 34.01 (1) (intro.),
(g),
(2) and
(3),
34.011 (intro.),
34.015 (title),
(1), and
(2),
34.02 (1) (Note) and (3), 34.03 (title) and (1), 34.04 (2) (a) 2. and 3., (4) to (6), (6) (Note) and (7); and create sections
SPS 34.002,
34.01 (5) to
(9),
34.015 (1) (Note), 34.04 (1) (Note) and (7) (Note) and 34.10 (1) (Note), relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators, and rule changes affected by
2011 Act 35.
Hearing Information
Date: Wednesday, March 12, 2014
Time: 1:30 p.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation 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 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., confers to the agency the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
Section
440.26 (3m), Stats., confers to the agency the powers to promulgate rules for the carrying of dangerous weapons, set minimum requirements for allowing and individuals licensed under s.
175.60, Stats., to carry a dangerous weapon, and defines those individuals allowed to carry, concealed or otherwise, under this chapter.
Section
440.26 (3m), Stats., reads: (3m)
Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in
15 USC 5902 (b) and shall allow all of the following:
(a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies.
Related statute or rule
Plain language analysis
Within the
2011 Wisconsin Act 35 and the authority given to the Department of Safety and Professional Services, this legislation relates to owners or employees of private security agencies and the carrying of dangerous weapons about or near their person when holding a firearms permit granted by the department or a permit issued under s.
175.60, Stats.
The proposed rule exempts all of the requirements in ch.
SPS 34 from applying to anyone who is licensed in Wisconsin to carry a concealed weapon in accordance with a permit issued under s.
175.60, Stats. In addition, the proposed rule provides for the recognition of permits to carry firearms, concealed or otherwise, issued by other states. These proposed rules are intended to respond to the legislative directives set forth in
2011 Act 35, Wisconsin's “concealed carry law".
Specific provisions contained in
2011 Act 35 allow a licensee under s.
175.60, Stats., to carry a weapon, concealed or otherwise, in the capacity of an owner or employee of a security agency under chs.
SPS 30 to
35. In addition, these proposed provisions now recognize all the following: a licensee, as defined in s.
175.60 (1) (d), Stats., an out-of-state licensee, as defined in s.
175.60 (1) (g) , Stats., an individual employed in this state by a public agency as a law enforcement officer, to whom s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies, a qualified out-of-state law enforcement officer, as defined in s.
941.23 (1) (g), Stats., or a former officer, as defined in s.
941.23 (1) (c), Stats.
A number of Notes are being updated to reflect the most current information; several formatting and typographical corrections are also being made.
SECTION 1. Definitions not included in ch.
SPS 30 are created in s.
SPS 34.002 adding three terms defined in state statutes specific to carrying firearms: carry, dangerous weapon and weapon.
SECTIONS 2, 4, 8, 9, 12, 13 to 22, and 24. These treatment sections are rewritten for clarification purposes or adding current information in Notes, adding Notes either where needed, correcting typographical errors, or repealing Notes no longer pertinent.
SECTION 3. Two items from a listing specifying the carrying of a weapon when licensed are repealed in
2011 Act 35 — the requirement to be in uniform or on duty.
SECTIONS 5 and 6. A typographical error is corrected in addition to expanding the exceptions for carrying a concealed weapon, thus reflecting provisions in
2011 Act 35. Specifically recognizing the following: a licensee, as defined in s.
175.60 (1) (d), Stats., an out-of-state licensee, as defined in s.
175.60 (1) (g) , Stats., an individual employed in this state by a public agency as a law enforcement officer, to whom s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3., Stats., applies, a qualified out-of-state law enforcement officer, as defined in s.
941.23 (1) (g), Stats., or a former officer, as defined in s.
941.23 (1) (c), Stats. In addition, a new section is created in s.
SPS 34.01 to recognize the individuals allowed to carry a concealed weapon as in the listing above.
SECTION 7. This section recognizes the individuals listed above and the provisions regarding a firearm being transported in a vehicle, concealed or “within plain view".
SECTION 23. Various sections are renumbered to reflect that the provisions do not relate to obtaining or the granting of a permit under this chapter.
SECTION 25. This treatment section is the effective date of the rule once adopted.
Summary of, and comparison with, existing or proposed federal regulation
The minimum requirements for carrying a weapon as stated in s.
440.26 (3m), Stats., references U.S. Code
15 USC 5902 (b) [Title 15-Commerce and Trade Chapter
85-Armored Car Industry Reciprocity]. This federal rule relates to state reciprocity of weapons licenses issued to armored car company crew members. This specific federal rule is cited in
2011 Act 35 whereby rules of the department concerning the carrying of dangerous weapons shall meet the minimum requirements specified in this U.S. Code. When comparing ch.
SPS 34, this rule at least meets the minimum standards of the cited U.S. Code.
No other federal rule or code was found specific to Wisconsin law.
Comparison with rules in adjacent states
An Internet-based search was conduced of the rules and laws of the four adjacent states relating to provisions contained in
2011 Act 35.
Illinois: In Illinois, the Division of Professional Regulation administers the licensing program for private security and investigators, structured under a sole proprietorship, partnership, or corporation. The license is for two-years and for applicants seeking renewal they must pass a re-qualifying test, which the passing grade is good for six years. In addition to various application, examination and training fees, fingerprints and background checks are required. When licensed, one may carry a firearm after 20 hours of basic training and 40 hours of field training. [Illinois Code: 225 ILCS 446/]. The State Police administer the Firearms Owner's Identification Card system under 430 ILCS 65/8. The provisions of the Firearms Concealed Carry Act of 2013 are under the Concealed Carry Licensing Review Board. This Act, P.A. 76-1939, requires a license for a period of 5 years for the carrying of one loaded and one unloaded concealed firearm once licensed.
Iowa: In Iowa, a non-professional license to carry weapons is required for Private Investigators, Security Agents, and the sheriff of the county where the applicant resides issues such permit. The license is good for two years; there is no examination at application although continuing education is required. The license is attached to the private security agency; when working for more than one agency, a separate card is required. To carry a weapon while working, one must meet the requirements in Iowa administrative code 661 chapter 4 and 80A: submitting an affidavit of completion of course training, passing a course meeting statutory requirements and completing a firearms shooting competition. Iowa Code s. 724.7(1) provides that a concealed carry permit or license issued by another state to a nonresident of Iowa shall be considered a valid permit or license to carry weapons under Iowa law, [Iowa Code s.
724.11-A], thus recognizing reciprocity.
Michigan: in Michigan, the Michigan Professional Investigator Licensure Act, chapter 338, regulates licenses. These requirements are: minimum of 25 years old, education (at least a GED or equivalent), a clear criminal record, demonstration of knowledge and 8 hours of training on safe use of the weapon, 3 hours at a firing range, and successful completion of safety training program. Instructors are certified by the state or a national organization. There are no exams or continuing education required. The license is valid for three years and cards/certificates are given to individuals and the sole proprietor, partners or corporate members. Photos and criminal history are required, but not fingerprints. Michigan provides by statute that any person who meets specified eligibility and training requirements and who files a proper application shall be issued a license to carry a concealed pistol. [Mich. Comp. Laws s.
28.425b(7)] No information was found regarding reciprocity.
Minnesota: In Minnesota, the private detective board oversees the requirements for private detectives and protective agents. An applicant must be at least 18 years old and free of felony convictions in addition to being employed in a protective/security capacity. Under Minnesota statutes ch. 3326, one must be trained in the proper use of the weapon, including 12 hours of on-the-job training and 6 hours of continuing education. Minnesota Administrative Rules 7506.0100—7506.2900 contain licensing and continuing education qualifications as well as minimum standards of training instructors. Minnesota statutes s.
624.714 provides for requirements to issue a permit to carry a concealed pistol; a certificate attesting to the completion of training on the safe use of a pistol within the past year and a clear background check are required. Minnesota also recognizes reciprocity via Minn. Stat. s.
624.714 (16) (a).
Summary of factual data and analytical methodologies
The methodology used in creating these rules was to bring the department's rule, ch.
SPS 34, into compliance with the Wisconsin concealed carry law.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
Pursuant to s.
227.137, Stats., the department will notice for a 14-day period the proposed rule to gather input on the effect on small business.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
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.
Environmental Assessment/Statement: [if required]
N/A.
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; email at
jean.maccubbin@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
|
Ch. SPS 34, Firearms and Other Dangerous Weapons
|
3. Subject
|
Making this chapter consistent with the provisions in 2011 Act 35 (concealed carry), and specifically relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR ⍽ FED
⍽ PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ 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
⍽ No
|
9. Policy Problem Addressed by the Rule
|
Chapter SPS 34 currently does not address provisions in 2011 Act 35 with regard to persons holding a concealed carry certification issued by the state. The proposed rules address that license under this chapter to allow carry a weapon, concealed or otherwise without first obtaining a permit from the department.
|
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 posted the rules for economic impact for 14-days and no comments were received from these sectors.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
The department posted the proposed rules for 14-day period and will summarize any input from this group.
|
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 proposed rules do not mandate any additional licenses, qualifications, or fees to any of these sectors.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Chapter SPS 34 will be in conformance with the provisions of 2011 Act 35.
|
14. Long Range Implications of Implementing the Rule
|
The department rules will be consistent with Wisconsin's concealed carry law, 2011 Act 35.
|
15. Compare With Approaches Being Used by Federal Government
|
Chapter SPS 34 currently as promulgated is consistent with the minimum requirements of U.S. Code, 15 USC 5902 (b).
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
While the requirements of concealed carry laws in these adjoining states are substantially similar to Wisconsin's in application, safety, training and reciprocity, not all recognize specific groups being allowed to carry weapons concealed or otherwise while an owner or employee of private security agencies. These specific groups, outlined in 2011 Act 35 include: qualified law enforcement officers (in-state, out-of state and former), when acting as a private detective or private security person without first obtaining a firearms permit.
|
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
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a),
440.03 (1),
458.03 (1) (b),
458.085,
458.10 (3), Wis. Stats., and interpreting ss.
458.06,
458.10,
458.13, Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections
SPS 80.03 (2),
(8a) and
(8d),
81.02 (5) (Note) and (8), 81.05 (intro.), 82.01 (6), 83.01 (3) (e), (3)(g) (Note), and (4) (c), 83.02 (7), 84.01 (4), 84.03 (1) (b) 1. to 6., 84.04 (1) (b) (intro.) (Note) and 1. to 9., and Chapter
SPS 86 Appendix I; to renumber Chapters
SPS 80 (title),
81 (title), and
82 (title) and sections
SPS 81.03 (1) to
(2) (d),
81.05 (1) to
(3),
82.02,
82.03,
82.04, 83 (title),
83.01 (1),
(1a), and
(2), 84
(title),
84.02,
84.03 (1) (title) (intro) and
(a), and
(2) (a) to
(c),
84.04 (1) (title) (intro.) and
(a),
(1) (b) (intro.),
(1) (b) (intro.) (Note) and 1. to 9., (2), and (3); to renumber and amend sections
SPS 80.01,
80.02,
80.03 (intro.),
(1) to
(8),
(8ag) to
(8c) and
(9) to
(18),
81.01,
81.02 (1) to
(7) and
(8) (Note), 81.03 (2) (d) (Note), 82.01 (1) to (5), 83.01 (title), (3) (intro.) (a) to (d) and (f), (3m), (4) (intro.), (b), and (c) (Note), 83.02 (title) (1) to (6), 84.001, 84.01,84.03 (1) (b) (intro.), 84.04 (1) (b) (intro.), 85.01; to amend sections
SPS 87.01 (2) and
(3),
87.02 (1),
(2) (intro.),
(b) and
(c),
(3) (b) and
(3) (c),
86.01 (1),
(4),
(9) and
(11); to repeal and recreate Chapter
SPS 85 (title); and to create sections
SPS 85.100 (3m) and
(19),
85.240, subch.
III (title),
85.330, subch.
IV (title),
85.410,
85.430, subch.
V (title),
85.510 (title),
85.520 (8) and
(9),
85.530,
85.600 (7),
85.700 (4) (a) to
(f),
85.820,
85.830,
85.840, subch.
IX (title),
85.900 (7),
85.910 (2) (n) to
(p), and
85.810 (7) (a), related to the examination, education, and experience requirements of real estate appraisers.
Hearing Information
Date: Friday, March 14, 2014
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121B
Madison, Wisconsin
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 8366, 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 Shawn Leatherwood, 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
Shancethea.Leatherwood@wisconsin.gov. Comments must be received on or before
March 14, 2014, to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Safety and Professional Services (Department) may promulgate rules interpreting the provision of any statute it enforces or administers per s.
227.11 (2) (a), Stats. Pursuant to s.
440.03 (1), Stats., the Department may promulgate rules defining uniform procedures to be used by the Real Estate Appraisers Board. The Department is specifically granted rule-making authority, pursuant to s.
458.03 (1) (b), Stats., to promulgate rules regarding establishing the criteria for approval of educational courses and continuing educational programs. Section
458.085, Stats., grants the Department the authority to draft rules establishing educational, experience and continuing education requirements for licensed and certified appraisers. Lastly, s.
458.10 (03), Stats., states that the Department may establish rules specifying the requirements for certification or licensure that must be fulfilled before the applicant is eligible for examination. The subject of these purposed rules relate to uniform procedures with regard to education, experience, and examination requirements as well as other standard application procedures. Therefore the Department is both generally and specifically authorize the proposed rule
Related statute or rule
None.
Plain language analysis
The Financial Institutions Reform Recovery Act of 1989 (“FIRREA")
12 U.S.C. 3331 et seq. gives authority to the Appraiser Qualifications Board (AQB) to set minimum qualification requirements for real estate appraisers. Those minimum requirements will change as of January 1, 2015. The changes include the following: education and experience must be completed prior to taking the National Uniform Licensing and Certification Examinations, applicants for the certified residential and certified general credentials must have a Bachelor's degree or higher from an accredited college or university, applicants for the licensed residential credential must successfully complete 30 semester hours of college-level education from an accredited college, junior college, community college, or university, or have an Associate's degree or higher from an accredited college, junior college, community college or university. All applicants for an initial credential must undergo a background check. Finally a prohibition against repetitive use of continuing education within the same continuing education cycle will be instituted. Clarification of the term “written examination" will be provided. The Department seeks to implement these changes via the proposed rules.
Summary of, and comparison with, existing or proposed federal regulation
The Financial Institutions Reform Recovery Act of 1989, (“FIRREA") 12 U.S.C 3331, et. seq. regulates real estate appraisers on the federal level. The purpose of FIRREA “is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision."
12 U.S.C. 3331. This federal mandate is accomplished via the Appraiser Qualification Board (AQB) and the Appraisal Subcommittee (ASC). The ASC monitors state regulation of certified and licensed appraisers and reviews each state's compliance with federal legislation.
The AQB sets the minimum qualifications for real estate appraisers. The minimum qualifications criteria established by the AQB are set forth in the Real Property Appraiser Qualifications Criteria and Interpretations of the Criteria (“Criteria") The AQB Criteria includes the minimum experience, examination, qualifying education, and continuing education requirements that must be satisfied by an individual in order to obtain and maintain a real estate appraiser credential.
Comparison with rules in adjacent states
Illinois: Illinois issues certified general, certified residential and associate real estate trainee appraiser credentials. The licensure, educational, experience and continuing education requirements set forth in 68 Il. Admin. Code 1455.10 et. seq. (2013) meets the minimum requirements set by the AQB.
Iowa: Iowa credentials certified residential, certified general and associate real property appraisers. The associate real property appraiser is substantially equivalent to the federal category of trainee real property appraisers. Unlike Iowa, Wisconsin does not credential trainee real property appraisers. The education, experience, and examination requirements promulgated by Iowa Admin Code 193F-4.1, 193F-5.1 (1) and 193F-6.1 (2013), meet the minimum requirements set forth by the AQB.
Michigan: Michigan credentials limited real estate appraisers, state licensed real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers. The state licensed real estate appraiser is similar to Wisconsin's licensed appraiser. The certified general and certified residential requirements are consistent with the AQB's minimum requirements. The limited real estate appraiser is equivalent to the trainee real property appraiser. MCLS §
339.2601 (2013).
Minnesota: Minnesota regulates trainee real property appraisers, licensed residential real property appraisers, certified residential real property appraisers, and certified general real property appraisers. The Licensed residential real property appraiser credential is similar to Wisconsin's licensed appraiser credential. The education, examination, and experience requirements for all classes of credentials for real estate appraisers is set forth in Minn. Stat. §§82B.11, 82B.12, 82B.13, 82B.14 (2013), and are consistent with the minimum requirements established by the AQB.
Summary of factual data and analytical methodologies
The AQB minimum qualification requirements for real estate appraisers will change as of January 1, 2015. The Department has reviewed the changes in order to determine how the changes will impact the current rules. The Department has determined that the current rules need to be aligned with the new AQB minimum criteria for licensure of real estate appraisers. The Department has considered the suggestions of the Appraisal Subcommittee in making the necessary changes to the current rules.
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
Tom.Engels@wisconins.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.
Environmental Assessment/Statement: [if required]
None.
Agency Contact Person
Shawn Leatherwood, 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 608-261-4438; email at
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
|
SPS 80- 87
|
3. Subject
|
Examination, Education and experience requirements for real estate appraisers
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
|
20.165 (1)(g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X 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
|
Real estate appraisers are regulated by state and federal legislation. On the state level real estate appraisers are regulated by ch. 458, Stats. and Wis. Admin. Code SPS 80-87. On the federal level real estate appraisers are regulated by the Financial Institutions Reform Recovery Act of 1989 (“FIRREA") 12 U.S.C. 3331 et seq. Implementation of the federal standards are overseen by the Appraisal Subcommittee (ASC). The ASC monitors state regulations of certified and licensed appraisers and reviews each state's compliance with federal legislation. The ASC also monitors the Appraiser Qualifications Board (AQB) which establishes the minimum education, experience and examination requirements for real property appraisers to obtain state credentials. The minimum education, experience and examination requirements, as set by the AQB, will change as of January 1, 2015. Consequently, the state regulations must be amended to bring them into conformity with the federal mandate.
|
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 proposed rule will primarily affect current real estate appraisers credential holders and applicants for real estate appraiser credentials. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from businesses, associations representing businesses, local governmental units and individuals that may be affected by the rule. No comments were received.
|
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 proposed rule will not have a significant impact on specific businesses, business sectors, 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
|
The main benefit of implementing the proposed rule is bringing relevant Wis. Admin. Code into conformity with the federally mandated minimum education, experience and examination requirements established by the AQB.
|
14. Long Range Implications of Implementing the Rule
|
The proposed rule will provide greater guidance to applicants seeking licensure within the real estate appraiser profession.
|
15. Compare With Approaches Being Used by Federal Government
|
The Financial Institutions Reform Recovery Act of 1989, (“FIRREA") 12 U.S.C 3331, et. seq. regulates real estate appraisers on the federal level. The purpose of FIRREA “is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 U.S.C. 3331. This federal mandate is accomplished via the Appraiser Qualification Board (AQB) and the Appraisal Subcommittee (ASC). The ASC monitors state regulation of certified and licensed appraisers and reviews each state's compliance with federal legislation.
The AQB sets the minimum qualifications of real estate appraisers. The minimum qualifications criteria established by the AQB are set forth in the Real Property Appraiser Qualifications Criteria and Interpretations of the Criteria (“Criteria") The AQB Criteria includes the minimum experience, examination, qualifying education, and continuing education requirements that must be satisfied by an individual in order to obtain and maintain an appraiser credential.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
All states must be in compliance with the federal minimum criteria established by the AQB by January 1, 2015.
Illinois: Illinois issues certified general, certified residential and associate real estate trainee appraiser credentials. The licensure, educational, experience and continuing education requirements set forth in 68 Il. Admin. Code 1455.10 et. seq. (2013) meets the minimum requirements set by the AQB.
Iowa: Iowa credentials certified residential, certified general and associate real property appraisers. The associate real property appraiser is substantially equivalent to the federal category of trainee real property appraisers. Unlike Iowa, Wisconsin does not credential trainee real property appraisers. The education, experience, and examination requirements promulgated by Iowa Admin Code 193F-4.1, 193F-5.1 (1) and 193F-6.1 (2013), meet the minimum requirements set forth by the AQB.
Michigan: Michigan credentials limited real estate appraisers, state licensed real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers. The state licensed real estate appraiser is similar to Wisconsin's licensed appraiser. The certified general and certified residential requirements are consistent with the AQB's minimum requirements. The limited real estate appraiser is equivalent to the trainee real property appraiser. MCLS § 339.2601 (2013).
Minnesota: Minnesota regulates trainee real property appraisers, licensed residential real property appraisers, certified residential real property appraisers, and certified general real property appraisers. The Licensed residential real property appraiser credential is similar to Wisconsin's licensed appraiser credential. The education, examination, and experience requirements for all classes of credentials for real estate appraisers is set forth in Minn. Stat. §§82B.11, 82B.12, 82B.13, 82B.14 (2013), and are consistent with the minimum requirements established by the AQB.
|
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.
Notice of Hearing
Safety and Professional Services
Professional Services, Chs.
1—299
General, Part IV, Chs.
388—
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a),
227.04 (2) (b), and
440.03 (1) and
(13) (am), Wis. Stats., and interpreting ss.
227.11 (2) (a),
227.46 (1), and
440.205, Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters
SPS 1 Appendices I and II, SPS 2 Appendix I, SPS 3 Appendix I, and SPS 8 Appendix I, and sections
SPS 4.07 (30) and
(59),
4.08 (2),
8.02 (5) (a),
(b), and
(c), and
500.10 (2) (a); to renumber section
SPS 500.10 (2) (b); to amend sections
SPS 1.03 (4) and
(6),
2.03 (6),
2.08 (2),
2.15 (5),
2.18 (4),
3.03 (4),
4.01,
4.04 (1),
6.03 (7),
6.08,
6.09 (2),
(3), and
(5),
6.11 (1) (intro.),
(a) and
(b) and
(2),
7.02 (4), and
8.02 (4) and
(5) (intro.); and to create sections
SPS 6.11 (1) (c),
500.03 (3), and
500.04, relating to administrative procedures and small business discretion.
Hearing Information
Date: Monday, March 17, 2014
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
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. All submittals must be directed to Katie Paff, Program and Policy Analyst, at
Kathleen.Paff@wisconsin.gov; or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, 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 Katie Paff, Program and Policy Analyst, 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
Kathleen.Paff@wisconsin.gov. Comments must be received on or before the public hearing to be held on
March 17, 2014, at 11a.m. to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
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.
Related statute or rule
Plain language analysis
The rulemaking project updates the Department's administrative procedures through a number of modifications to chs.
SPS 1 to
9. 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. Repealing outdated appendices.
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 SPS 8, Wis. Adm. Code, to more closely align with s.
440.205, Wis. Stats.
The rule project incorporates rule changes to ch.
SPS 500, Wis. Adm. Code, including a definition of minor violation, as affected by the enactment of
2011 Wisconsin Act 46.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: The Illinois Administrative Procedure Act states that the agency head, one or more members of the agency head, or any other person meeting the qualifications set forth by rule under Section 10-20 may be the administrative law judge. The agency must provide by rule for disqualification of an administrative law judge for bias or conflict of interest. An adverse ruling, in and of itself, shall not constitute bias or conflict of interest (5 ILCS 100/10-30).
Section 10-20 requires that all agencies adopt rules concerning the minimum qualifications of administrative law judges for contested case hearings. The agency head or an attorney licensed to practice law in Illinois may act as an administrative law judge or panel for an agency without adopting ay rules under this Section.
All papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½
by 11 inch white paper (1110 Ill. Adm. Code 50). Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service (1110 Ill. Adm. Code 60).
The Illinois Department of Professional Regulation administrative rules are silent
with regards to the deadlines associated with the assessment of costs in contested case hearings.
Iowa: Iowa Code section 17A.11 states that if the agency or an officer of the agency under whose authority the contested case is to take place is named a party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, the agency, one or more members of a multimember agency, or one or more administrative law judges assigned by the Division of Administrative Hearings in accordance with the provisions of section 10A.801. However, a party may, within a time period specified by rule, request that the presiding officer be an administrative law judge assigned by the Division of Administrative Hearings. The agency must grant a request by a party for an administrative law judge unless otherwise provided by statute or one of a list of conditions exists.
If the agency or an officer of the agency under whose authority the contested case is to take place is not named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the agency, one or more members of a multimember agency, an administrative law judge assigned by the Division of Administrative Hearings in accordance with the provision of section 10A.801, or any other qualified person designated as a presiding officer by the agency. Any other person designated as a presiding officer by the agency may be employed by and officed in the agency for which that person acts as a presiding officer, but such a person shall not perform duties inconsistent with that person's duties and responsibilities as a presiding officer.
A document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission (Iowa Adm. Code r. 11-7.12).
Parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party (Iowa Adm. Code r. 11-7.12).
Michigan: The Michigan Administrative Procedures Act of 1969 states that the presiding officer of a contested case may be an agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases (Michigan Statutes Section
24.279).
Michigan Executive Order 2011-4 created the Michigan Administrative Hearing System (MAHS), an independent and autonomous agency within the Michigan Department of Licensing and Regulatory Affairs. Administrative law judges from MAHS preside over professional licensure disciplinary and denial hearings.
Minnesota: Minnesota Statutes Chapter
214, Section 10, subd. 2. states that examining and licensing boards schedule disciplinary hearings in accordance with Chapter
14 which specifies that hearings are required to be conducted by an administrative law judge employed by the Office of Administrative Hearings (OAH). The Chief Administrative Law Judge of the OAH must assign a judge to hear the case (Minnesota Code Section 1400.5010 to 1400.8400). The OAH is an independent tribunal within the executive branch.
All documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed (Minn. R. 1400.2030).
A party seeking an award of expenses an attorney's fees must submit an application to the judge. The state agency or any other party may respond or object to all or any part of the application for expenses and fees within 14 days following the service of the application. Within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses (if any) (Minn. R. 1400.8401).
Summary of factual data and analytical methodologies
The Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and inefficient. Proposed modifications would update the rules to create greater efficiencies, align rules more closely with statute, and incorporate technological changes. Adjacent states' rules were also reviewed.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
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.
Agency Contact Person
Katie Paff, Program and Policy Analyst, 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) 261-4472; email at
Kathleen.Paff@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
|
SPS 1, 1 Appendix I, 1 Appendix II, 2, 2 Appendix I, 3, 3 Appendix I, 4, 6, 7, 8, 8 Appendix I, and 500.
|
3. Subject
|
Relating to administrative procedures and small business discretion
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED
X PRO
⍽ PRS ⍽ SEG ⍽ SEG-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
|
The Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and reflect previously used practices and policies.
|
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 was posted for 14 days for economic impact comments and none were received.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
None. This rule does not affect local government units.
|
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 sectors, 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
|
Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, incorporate technological efficiencies, and create more transparent processes. The proposed rule would also incorporate rule changes as affected by the enactments of 2011 Wisconsin Act 46 and 200 Wisconsin Act 255.
|
14. Long Range Implications of Implementing the Rule
|
Implementing the rule would align the rules with current practices and titles and create more transparent processes.
|
15. Compare With Approaches Being Used by Federal Government
|
None.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Michigan, Minnesota, and Iowa have central agencies that employ administrative law judges to preside over administrative hearings.
In Illinois, all papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½ by 11 inch white paper. Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service. In Iowa, a document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission. In Minnesota, all documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed.
The Illinois Department of Professional Regulation administrative rules are silent with regards to the deadlines associated with the assessment of costs in contested case hearings. In Iowa, parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party. In Minnesota, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees.
|
17. Contact Name
|
18. Contact Phone Number
|
Katie Paff
|
608-261-4472
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
General Part I, Chs.
301—319
Commercial Building Code, Chs.
361—366
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.02 (15) (h) to (j), 101.63 (1), 101.981 (2), 101.982, and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), 101.981 (2), 101.982, 101.983, and 101.988 of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider a proposed order to revise Chapters
SPS 318,
362, and
366 relating to elevators, escalators, and lift devices.
Hearing Information
Date: Monday, March 17, 2014
Time: Commencing at 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Copies of Rule
Proposed Order
An order of the Department of Safety and Professional Services to repeal SPS 362.3006 (3);
to renumber SPS 362.3004 (2) and 362.3006 (1), (2), and (4);
to repeal and recreate SPS 318, 362.3002 (3) and 362.3006 (1) (Note);
and to create SPS 362.1009, 362.1109, 362.3004 (2) and (3) (b) 2. d., 362.3006 (1) and (3) and (Note), 366.0604, and 366.0605 relating to elevators, escalators, and lift devices, and affecting small business.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Under sections
101.63 (1),
101.981 (2), and
101.982 of the Statutes, the Department has authority to promulgate rules for the safe installation, operation, testing, and inspection of conveyances, which include elevators, escalators, and lift devices. Under section
101.982, Stats., the Department also has authority to promulgate rules for enforcement of the technical standards for these conveyances.
Sections
101.02 (15) (h) to
(j) of the Statutes require the Department to promulgate rules for the construction, repair, and maintenance of safe public buildings and places of employment — and to prescribe the safety devices and standards that are needed to protect the life, health, safety and welfare of the employees and frequenters therein.
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.
Related statute or rule
The
Wisconsin Commercial Building Code, which consists of chs.
SPS 361 to
366.
The
Wisconsin Uniform Dwelling Code, which consists of chs.
SPS 320 to
325.
Plain language analysis
Currently, the Department's standards for conveyances are contained in ch.
SPS 318, Elevators, Escalators and Lift Devices. The chapter currently adopts and references the following two national standards promulgated by the American Society of Mechanical Engineers (ASME
®), as the basis of the chapter's technical standards:
• ASME A17.1-2007, Safety Code for Elevators and Escalators.
•
ASME A18.1-2005, Safety Standard for Platform Lifts and Stairway Chairlifts.
Chapter
SPS 318 currently includes modifications made to these two standards.
The proposed revisions to ch.
SPS 318 would adopt the current editions of the ASME A17.1 and A18.1 standards, which are the 2013 and 2011 editions, respectively. The proposed rule revisions also contain a number of modifications to the technical requirements within these standards, such as refining how various inspections are to occur, and include reorganizing the current requirements and applying various editorial improvements — all of which are intended to better reflect contemporary industry and regulatory best practices.
Summary of, and comparison with, existing or proposed federal regulations
No existing or proposed federal regulations were found to address or impact the activities to be regulated by these rule revisions.
Comparison with rules in adjacent states
An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1 and A18.1 standards. The adjacent states also create amendments to the adopted standards, similar to Wisconsin's administrative rules relating to elevators, escalators, and lift devices.
The following are the adjacent states and the editions of the ASME standards that they adopt and enforce:
(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2010 edition of the ASME A17.1 standard, Safety Code for Elevators and Escalators; the 2005 edition of the ASME A17.3 standard, Safety Code for Existing Elevators and Escalators; and the 2008 edition of the ASME A18.1 standard, Safety Standard for Platform Lifts and Stairway Chairlifts are each adopted by reference.
(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees all elevators, escalators, dumbwaiters, and related equipment to ensure they comply with all applicable rules and statutes. The 2010 edition of the ASME A17.1 standard and the 2011 edition of the ASME A18.1 standard are both adopted by reference.
(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements address the design, construction, installation, alteration, repair, removal, operation, and maintenance of passenger elevators. The 2004 edition of the ASME A17.1 standard and its A17.1A addenda and 2005 supplement are adopted by reference, as is the 2005 edition of the ASME A18.1 standard.
(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits; examination and licensing of elevator journeypersons and contractors; inspecting elevators, escalators, and dumbwaiters; investigating complaints; and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair, and operation of elevators. The 2007 edition of the ASME A17.1 standard and the 2008 edition of the ASME A18.1 standard are both adopted by reference.
Summary of factual data and analytical methodologies
The primary methodology for this updating of ch.
SPS 318 consisted of comprehensively reviewing and assessing the latest editions of the national technical standards for the design and construction of conveyances, which serve as the basis for ch.
SPS 318. Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under ch.
SPS 318. The Department's review and assessment process included the participation of the Conveyance Safety Code Council, as established under ch.
15 of the Statutes. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances.
The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety, and welfare in the design, construction, use, operation, and maintenance of conveyances in commercial and residential buildings. The ASME-standard-setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME website at
www.asme.org.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts of complying with both the technical and administrative requirements of the proposed rule revisions.
By posting rule development and council activities on the Department's website, small businesses can follow the development of proposed code changes.
Adopting the current editions of the ASME A17.1 and A18.1 standards are not expected to impose a significant impact on small businesses selling conveyances or providing services for conveyances.
It is anticipated these rule revisions will not have a significant impact on small businesses installing elevators and dumbwaiters.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The Department believes the proposed rule revisions will not increase the effect on small businesses beyond what the current rules impose on them.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wi.gov:, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the 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 at telephone (608) 266-0797; or by e-mail at
sam.rockweiler@wi.gov; or by telecommunications relay services at 711.
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
|
SPS 318, 362, and 366 – Elevators, Escalators, and Lift Devices
|
3. Subject
|
Elevators, Escalators, and Lift Devices
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
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
|
The proposed rule revisions would primarily adopt the most current edition of the American Society of Mechanical Engineers (ASME) A17.1 and A18.1 standards for conveyances, which are the 2013 and 2011 editions, respectively. The revisions contain a number of modifications to the technical requirements within these standards, primarily relating to how inspections occur, and include reorganizing the current requirements and applying various editorial changes – all of which are intended to better reflect contemporary industry and regulatory best practices.
|
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.
|
Representatives of manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Madison
|
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)
|
Some additional cost may be incurred because of additional testing of below-grade hydraulic components of some existing hydraulic elevators, as required by the ASME A17.1 standard, but this requirement is not expected to have a significant adverse effect.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Installation, operation, inspection, and testing of elevators, escalators, and lift devices would be guided by more up-to-date standards and information; and public safety would be increased. The alternatives include continuing to apply the current, outdated standards.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the regulations, and public safety, would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 101.63 (intro.) and (1) (intro.) and 227.11 (2) (a) of the Wisconsin Statutes, the Department of Safety and Professional Services will hold a public hearing at the time and place shown below to consider an order to amend sections
SPS 321.02 (1) (c),
321.23, Table 321.25–A, 321.25 (7) (d) and (8) (a) (Note), and Chapters
SPS 320 to
325 Appendix — Minimum Fastener Schedule Table; and to repeal and recreate s.
SPS 321.25 (8) (b) to
(h) and
(9), relating to
wall bracing for one- and two-family dwellings. As provided in section
227.24 (4) of the Statutes, this hearing will also be for emergency rules that identically address these SPS sections.
Hearing Information
Date: Tuesday, March 11, 2014
Time: Commencing at 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Sam Rockweiler, 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
sam.rockweiler@wi.gov or on our website at
http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
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.
Sections
101.63 (intro.) and
(1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
Related statute or rule
Various other statutes and rules promulgated by the Department address construction and inspection of public buildings and places of employment, and some of those rules likewise address designing those structures to withstand wind loads.
Plain language analysis
These rule revisions would clarify and simplify the prescriptive methods in ch.
SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
Summary of, and comparison with, existing or proposed federal regulation
An Internet-based search of the
Code of Federal Regulations (CFR) and the
Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings — other than the preemptive construction, installation, and safety standards for manufactured homes in
24 CFR Parts 3280 and
3285.
Comparison with rules in adjacent states
Illinois: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Michigan: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission's General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council, and includes wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Minnesota: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters
2-
10 contain the general construction provisions of the IRC, which include wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Summary of factual data and analytical methodologies
The Department received input during several meetings with the Dwelling Code Council. The makeup of this Council is established under section
15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
These rule revisions are not expected to have an economic impact on small businesses, as defined in section
227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the 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 at telephone (608) 266-0797; or e-mail at
sam.rockweiler@wi.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
|
SPS 321, and 320 to 325 Appendix — Uniform Dwelling Code
|
3. Subject
|
Wall Bracing for One- and Two-Family Dwellings
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
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
|
The proposed rule revisions primarily would clarify and simplify the prescriptive methods in chapter SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
|
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.
|
Representatives of each of the following: building-trade labor organizations; certified building inspectors employed by local units of government; building contractors actively engaged in on-site construction of one- and two-family housing; manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; architects, engineers, or designers who are registered under chapter 443 of the Statutes and who are actively engaged in the design or evaluation of one- and two-family housing; the construction material supply industry; remodeling contractors actively engaged in the remodeling of one- and two-family housing; persons with disabilities, as defined in section 106.50 (1m) (g) of the Statutes; and fire prevention professionals.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Wausau
|
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)
|
No significant negative economic or fiscal impact is expected.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Design, construction, and inspection of wall bracing would be clarified and simplified – which should reduce costs and delays. The current costs and delays would continue if the rule is not implemented.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the requirements would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
General Part II, Chs.
326—360
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.935 (3), 101.937 (1), 101.96 (1) (a) and (b), and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.935 (3), 101.937 (1), and 101.96 (1) (a) and (b) of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider the proposed order to revise Chapters
SPS 320,
321, and
326, relating to manufactured homes and manufactured home communities.
Hearing Information
Date: Friday, March 14, 2014
Time: Commencing at 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sam Rockweiler, Rules Coordinator, at the 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 e-mail to
sam.rockweiler@wi.gov. Comments must be received on or before
March 14, 2014, to be included in the record of rulemaking proceedings.
Copies of Rule
Proposed Order
An order of the Department of Safety and Professional Services to repeal SPS 326.10 (4); 326.32 (3) (b), (7), and (8); 326.34 (1) (a) (Note) and (6); 326.36 (1) (b) 2.; 326.37; and 326.38 (1) (c);
to renumber SPS 326.10 (5) to (20), 326.16, 326.32 (3) (c) to (e), 326.34 (7) and (8), and 326.36 (1) (b) 3. and 4.;
to renumber and amend SPS 326.33 (1) (a);
to amend SPS 321.40 (2) (b) 8.; 326.12 (1) (c) (intro.), 1., and 2.; 326.16 (Note); 326.19 (intro.) and (1); 326.28; 326.30 (1) (a), (b), and (2) (Note); 326.34 (1) (a) and (2); 326.36 (1) (intro.), (c), and (i), and (2); 326.38 (1) (intro.); 326.44 (intro.); and 326.49 (1) (intro.);
to repeal and recreate SPS 321.40 (1) and (Note [1]);
and to create SPS 320.07 (52m) (Note [2]), 321.40 (2) (title), 326.16 (2) and (3), and SPS 326.20 relating to manufactured homes and manufactured home communities.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
101.935 (3), Stats., 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), Stats., requires the Department to promulgate rules establishing prescribed standards for providing water or sewer service to a manufactured home community occupant.
Sections
101.96 (1) (a) and
(b), Stats., require the Department to promulgate rules establishing standards for safe installation of manufactured homes, and for ensuring compliance with the standards.
Section
227.11 (2) (a), Stats., 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.
Related statute or rule
The Department has related rules elsewhere in chs.
SPS 320 to
325 addressing (1) building permits for manufactured homes, (2) construction of footings and foundations, and (3) other structures that are attached to these homes.
The Department of Agriculture, Trade and Consumer Protection has rules in ch.
ATCP 125 relating to mobile home parks, and covering such items as rental agreements, transfer of tenancy, and termination of tenancy.
Plain language analysis
The proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations — after approval for incorporating these standards is received from the Attorney General.
In addition to including several minor clarifications and updates, the proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices. For example, the current provisions for deferred payment agreements for water and sewer service in a community would be repealed because they are better addressed in lease agreements between landlords and tenants. Also, where a community-wide soil test does not exist and a soil test is required, such as for a proposed frost-free-foundation design, the test would need to determine the soils in the entire community rather than at an individual site.
Summary of, and comparison with, existing or proposed federal regulation
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 Part 3285.
Under
24 CFR 3285.1(a)(1), “States that choose to operate an installation program for manufactured homes in lieu of the federal program must implement installation standards that provide protection to its residents that equals or exceeds the protection provided by these Model Installation Standards." Wisconsin has exercised this choice, through subchapter V of chapter 101 of the Statutes.
The rule revisions proposed in this order will not infringe on the federal construction requirements in
24 CFR Part 3280, and will not provide less protection than the federal minimum installation requirements in
24 CFR Part 3285.
No current federal regulations were found relating to construction or operation of manufactured-home communities.
No proposed federal regulations were found relating to either manufactured homes or manufactured home communities.
Comparison with rules in adjacent states
An Internet-based search of Web sites from the four adjacent states and telephone contact with program staff there produced the following results relating to these proposed rule changes.
Illinois: Manufactured homes must be installed under the on-site supervision of a licensed manufactured home installer, in compliance with either the manufacturers instructions, or, where no such instructions are available, in compliance with prescribed standards relating to such items as site location, support systems, electrical connections, and perimeter enclosures. Statewide requirements also address anchoring of the home, the water and sewer connections, and licensing of plumbers and roofers. Licensure of manufactured home communities is comprehensive, covering such items as streets, parking, water and sewer service, fire safety, and waste disposal.
Iowa: The federal installation standards are applied without any state-level modifications, and the credentialing for installers is similar to Wisconsin's. The only statewide regulations that were found relating to manufactured home communities essentially address only the rental agreements.
Michigan: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. Regulation of manufactured home communities is comprehensive, covering such items as plan approval, inspections, recreational areas, streets, utilities, fire safety, and business practices.
Minnesota: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. The regulations for manufactured home communities cover such items as home spacing, water and sewer service, garbage and refuse disposal, fire protection, inspections, and storm shelters.
Summary of factual data and analytical methodologies
The data and methodology for developing these rule revisions were derived from and consisted primarily of comparing the current edition of
24 CFR Part 3285 to the 2007 draft final rule of that Part, which the Department has applied since April 1, 2007. The Department's review and assessment process included evaluating the modifications to those federal standards that the Department has likewise applied since April 1, 2007. This comparison and evaluation was performed with the Manufactured Housing Code Council, as created under section
15.407 (13) of the Statutes. The members of the Council include representatives of the major stakeholders, including manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry. The Department utilized the Council to obtain information on any potential impacts of both the technical and administrative elements of the rule revisions. A responsibility of Council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The primary document that was used to determine the effect of the proposed rule revisions on small businesses, and to prepare an economic impact analysis was
24 CFR Part 3285, along with the installation instructions the Department has posted on its Web site since April 2007.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The proposed rule revisions are not expected to have an effect on small businesses because the current edition of
24 CFR Part 3285, as it would be modified by these rule revisions, is not expected to impose costs that would substantially exceed the costs imposed by the currently applied requirements.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wi.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the 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 at telephone (608) 266-0797; or by e-mail at
sam.rockweiler@wi.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
|
SPS 321 and 326, Manufactured Homes, and Manufactured Home Communities
|
3. Subject
|
Manufactured Homes And Manufactured Home Communities
|
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
|
The proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations. The proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices.
|
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.
|
Representatives of manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Superior
|
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)
|
No significant negative economic or fiscal impact is expected.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Installation of manufactured homes and operation of manufactured home communities would be guided by more up-to-date standards and information.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the regulations would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
