Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 700, 4/14/2014

Rule-Making Notices

Notice of Hearing

Agriculture, Trade and Consumer Protection

EmR1407

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on its emergency rule, section ATCP 21.10, Wis. Adm. Code, relating to the quarantine of Iowa County for the gypsy moth.

DATCP will hold a public hearing at the time and place shown below.

Hearing Date and Location

Date:   Tuesday, April 29, 2014
Time:   1:00 p.m.
Location:   Department of Agriculture, Trade and
  Consumer Protection
  Conference Room 211 (2nd Floor)
  2811 Agriculture Drive
  Madison, WI 53718

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by April 21, 2014, by writing to Barbara Stalker, also at the address above, or by calling [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is accessible to disabled users.

Place Where Comments are to be Submitted and Deadline for Submission

DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until Monday, May 12, 2014, for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, to [e-mail] or online at http://adminrules.wisconsin.gov.

Copies of Rule and Comments Relating to Small Business

You may obtain a free copy of this emergency rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearing. To view the emergency rule online, please go to: http://adminrules.wisconsin.gov.

To provide comments or concerns relating to small businesses, please contact DATCP's small business regulatory coordinator, Keeley Moll, at the same address above, or by emailing [e-mail] or by calling [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This emergency rule creates a quarantine for Iowa County for the gypsy moth (“GM"). Under this rule, the Department of Agriculture, Trade and Consumer Protection (“DATCP") quarantines Iowa County to restrict the movement of GM from generally infested areas to other areas of Wisconsin and to other states.

DATCP is adopting this temporary emergency rule pending the adoption of a parallel federal regulation to quarantine Iowa County. This emergency rule will take effect immediately upon publication in the official state newspaper, and will remain in effect for 150 days. The Legislature's Joint Committee for Review of Administrative Rules may extend the emergency rule for up to 120 additional days.

Statutes interpreted

Sections 93.07 (12) and 94.01, Stats.

Statutory authority

Sections 93.07 (1) and (12), 94.01, and 227.24, Stats.

Explanation of statutory authority

DATCP has broad general authority, under s. 93.07 (1), Stats., to adopt regulations to enforce laws under its jurisdiction. DATCP also has broad general authority under ss. 93.07 (12) and 94.01, Stats., to adopt regulations to prevent and control plant pest infestations. Under s. 94.01, Stats., DATCP may adopt rules establishing quarantines or other restrictions on the importation into, or movement of, plants or other materials within this state, if these measures are necessary to prevent or control the spread of injurious plant pests. A quarantine order may prohibit the movement of any pest, or any plant, pest host or pest-harboring material, which may transmit or harbor a pest. DATCP is adopting this temporary emergency rule under authority of s. 227.24, Stats., pending the adoption of federal regulations on the same subject.

Background

Gypsy moth is a highly destructive insect pest of approximately 500 species of trees and shrubs. This insect has the potential to defoliate entire stands of forest, shade, and commercial trees such as nursery stock and Christmas trees. Any infestation of GM can result in substantial losses both to forest ecosystems and to urban trees, as well as to Wisconsin's vital tourism and timber industries. In the United States, GM has defoliated an estimated 30 million forest hectares since 1970, and has cost millions of dollars annually in losses to the timber and nursery industries and local municipalities.

DATCP conducts annual trapping surveys for Lymantria dispar, the gypsy moth (GM). The 2013 survey in Iowa County showed that current and projected GM populations there have reached the threshold level to trigger implementation of further regulatory measures. Over the last three years, multiple trap sites in Iowa County have caught over 100 individual moths, with an average trap count of 28 in 2013. These counts represent a five-fold increase from 2011. The survey data indicate that reproducing populations of GM now exist at significant levels in Iowa County and that eradication is not feasible. These findings support the need for a quarantine to limit movement and to prevent the artificial spread of this infestation.

This emergency rule creates a DATCP quarantine for Iowa County. Gypsy moth quarantines created by this rule are part of an overall state strategy to prevent and control plant pest infestations, including GM infestations. A parallel federal quarantine will be enacted approximately six to eight weeks after a formal submission by the state plant regulatory official.

Emergency rule content

Under this emergency rule, movement of all logs, timbers, and firewood of any type, plus movement of any woody nursery stock or Christmas trees out of Iowa County is prohibited with certain exceptions. The emergency rule will do the following:

•   Create a quarantine for GM for Iowa County that prohibits the movement of all trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood or wood chips out of Iowa County or any contiguous GM quarantined counties.

•   Prohibit any common carrier from transporting any used outdoor household item out of Iowa County or any contiguous GM quarantined counties.

•   Provide an exemption for articles that have been inspected and certified by a pest control official or trained inspector and are accompanied by a written certificate issued by that official or inspector.

•   Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles.

Summary of factual data and analytical methodologies

Data for this analysis was obtained from DATCP nursery license records, local business directories and field surveys of the wood products industry (e.g. timber, lumber, firewood) in the area. This analysis was based on the regulatory language of s. ATCP 21.10 and 7 CFR 301.45, on the observations of DATCP nursery inspectors, and on conversations with stakeholders in the nursery and other timber-related industries.

Analysis and supporting documents used to determine effect on small business

DATCP searched its nursery license database to obtain current records for licensed nursery growers and dealers operating in Iowa County. Based on previous and ongoing work with Wisconsin's gypsy moth and firewood certification programs, DATCP staff also identified known sawmills, loggers, wood products companies and firewood industry concerns. Finally, online Yellow Pages business listings were also searched to find related tree nursery, timber, firewood and tree service companies.

Business Impact

This emergency rule may have an impact on persons or companies that deal in any nursery stock, hardwood firewood or timber materials in Iowa County. The affected businesses are all small businesses. This emergency rule restricts the sale or distribution of nursery trees, Christmas trees, timber, and raw wood products plus any hardwood firewood from Iowa County to locations outside of this county or any contiguously quarantined counties, and to neighboring states.

The business impact of this emergency rule depends on the number of 1) nurseries that sell/distribute nursery stock or Christmas trees outside these counties, 2) firewood producers/dealers that sell/distribute outside these counties, 3) loggers and sawmills that move untreated timber or raw wood products outside these counties, and 4) untreated wood waste (e.g. brush, chips or mulch) that is moved outside these counties.

Iowa County has a total of 14 licensed nursery growers and dealers that could possibly transport nursery stock. Those growers will not be able to move or sell nursery stock outside of the quarantine area without a compliance agreement with DATCP or U.S. Department of Agriculture – Animal and Plant Health Inspection Service (“APHIS") that authorizes movement of nursery stock outside of the quarantine only when there is assurance that the movement will not spread GM to non-quarantined locations.

There are also an estimated eight known firewood dealers in Iowa County. Firewood dealers would need to be certified under s. ATCP 21.20 to sell or move firewood outside of the contiguous quarantine area. To obtain certification, a firewood dealer pays a $50 annual certification fee to DATCP and treats the firewood in a manner that ensures it is free of regulated insect pests.

There are an estimated 15 lumber mills in Iowa County and an estimated 12 other tree service/wood processing facilities that may also deal with woody material. These businesses also will have to enter into a compliance agreement to transport logs, timber or raw wood products outside of the quarantine area.

Businesses with compliance agreements can self-inspect regulated articles moved from quarantine areas. State or Federal officials will provide inspection and certification services to businesses without compliance agreements at no additional cost. Certification and compliance agreements will require some additional recordkeeping on the part of those businesses.

Environmental Impact

This emergency rule will not have a significant negative impact on the environment. By reducing the spread of gypsy moth, this emergency rule is expected to have a net positive impact on Wisconsin's forested environments and treescapes.

Federal and Surrounding State Programs

Federal programs

Under the federal Plant Protection Act, APHIS has responsibility for excluding, eradicating and controlling serious plant pests, including GM. APHIS has instituted statewide quarantines on the movement of all regulated materials for Connecticut, Delaware, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont in addition to portions of Illinois, Indiana, Maine, Ohio, Virginia, and West Virginia. APHIS has also enacted quarantines for Adams, Ashland, Bayfield, Brown, Calumet, Clark, Columbia, Dane, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Iron, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Oneida, Outagamie, Ozaukee, Portage, Price, Racine, Rock, Sauk, Shawano, Sheboygan, Vilas, Walworth, Washington, Waukesha, Waupaca, Waushara, Winnebago, and Wood Counties in Wisconsin. The quarantines include restrictions on the movement of firewood.

Surrounding state programs

Surrounding states where GM has been identified (Illinois, Indiana, and Michigan) have state and federal quarantines that prohibit the movement of regulated articles out of quarantined areas. A regulated article can only move out of quarantined areas after it is certified by USDA or state officials.

DATCP Contact

Questions and comments related to this rule may be directed to:

Brian Kuhn or Christopher Deegan

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone: [phone] or [phone]

E-Mail: [e-mail] or
  [e-mail]

FISCAL ESTIMATE DOA-2048 (R 10/94) X ORIGINAL ⍽ UPDATED ⍽ CORRECTED ⍽ SUPPLEMENTAL				LRB or Bill No. / Adm. Rule No. Ch. ATCP 21
				Amendment No. (If Applicable)
Subject: Emergency Rule for Quarantine of Iowa County for Gypsy Moth
Fiscal Effect State: X No State Fiscal Effect Check below only if bill makes a direct appropriation or affects a sum sufficient appropriation. ⍽ Increase Existing Appropriation     ⍽ Increase Existing Revenues ⍽ Decrease Existing Appropriation     ⍽ Decrease Existing Revenues ⍽ Create New Appropriation			⍽ Increase Costs – May be possible to absorb within agency's budget? ⍽ Yes ⍽ No ⍽ Decrease Costs
Local : X No local government costs 1. ⍽ Increase Costs       3. ⍽ Increase Revenues ⍽ Permissive ⍽ Mandatory     ⍽ Permissive ⍽ Mandatory 2. ⍽ Decrease Costs       4. ⍽ Decrease Revenues ⍽ Permissive ⍽ Mandatory     ⍽ Permissive ⍽ Mandatory			5. Types of Local Gov. Unit Affected: ⍽ Towns ⍽ Villages ⍽ Counties ⍽ Cities ⍽ Other: County Drainage Boards ⍽ School Districts ⍽ WTCS Districts
Fund Source Affected: ⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			Affected Ch. 20 Appropriations:
Assumptions Used in Arriving at Fiscal Estimate The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) conducts annual trapping surveys for Lymantria dispar, the gypsy moth (GM). The 2013 survey in Iowa County showed that current and projected GM populations there have reached the threshold level to trigger implementation of further regulatory measures. This emergency rule creates a DATCP quarantine for Iowa County. A parallel federal quarantine will be enacted approximately six to eight weeks after a formal submission by the state plant regulatory official. GM is a highly destructive insect pest of approximately 500 species of trees and shrubs. This insect has the potential to defoliate entire stands of oak, cherry, maple and other hardwoods, and any incursion of GM can result in substantial losses both to forest ecosystems and to urban trees, as well as to Wisconsin's vital tourism and timber industries. In the United States, GM has defoliated an estimated 30 million forest hectares since 1970, and has cost millions of dollars annually in losses to the timber and nursery industries and local municipalities. DATCP has plant inspection and pest control authority under s. 94.01, Stats., to adopt rules establishing quarantines or other restrictions on the importation into or movement of plants or other materials within this state, if these measures are necessary to prevent or control the spread of injurious plant pests. A quarantine order may prohibit the movement of any pest, or any plant, pest host or pest-harboring material which may transmit or harbor a pest.
The proposed rule will do the following: •Create a quarantine for GM for Iowa County that prohibits the movement of all trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood or wood chips out of Iowa County or any contiguous GM quarantined counties. • Prohibit any common carrier from transporting any used outdoor household item out of Iowa County or any contiguous GM quarantined counties. • Provide an exemption for articles that have been inspected and certified by a pest control official or trained inspector and are accompanied by a written certificate issued by that official or inspector. • Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles. This rule will be administered by DATCP. DATCP will have additional workload related to enforcing the quarantine but it will be able to absorb the projected workload and costs within DATCP's current budget and with current staff. The presence of GM may produce additional workload for local governments in Iowa County, but the quarantine itself will not produce any local fiscal impact.
Long - Range Fiscal Implications DATCP has over two decades of experience in surveying and regulating GM infestations in Wisconsin. While potential GM population spikes may cause the agency to experience substantial one-time costs and personnel demands for providing regulatory oversight and working with affected industries, in general DATCP does not expect that future costs for regulation will differ significantly from current allocated budgets.
Agency Prepared by (Name & Phone No.): DATCP / Christopher Deegan (608-224-4573)		Authorized Signature:			Date: February 21, 2014

Notice of Hearing

Children and Families

Early Care and Education, Chs. 201—252

CR 14-030

NOTICE IS HEREBY GIVEN that pursuant to section 49.197 (2), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed permanent rules to revise Chapter DCF 201, relating to the incentive program for local agencies that identify child care subsidy fraud committed by child care providers.

Hearing Date and Location

Date:   Wednesday, May 7, 2014
Time:   2:00 p.m.
Location:   GEF 1 Building, Room H206
  201 E. Washington Avenue
  Madison, WI

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Place Where Comments are to be Submitted and Deadline for Submission

A copy of the proposed permanent rule is available at http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rules or fiscal estimate by contacting:

Elaine Pridgen

Department of Children and Families

201 E. Washington Avenue

Madison, WI 53703

[phone]

[e-mail].

Written comments on the rules received at the above address, email, or through the http://adminrules.wisconsin.gov website no later than May 8, 2014, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Children and Families

Statutory authority

Section 49.197 (2) (b), Stats., as repealed and recreated by 2011 Wisconsin Act 32.

Statutes interpreted

Section 49.197 (2), Stats., as repealed and recreated by 2011 Wisconsin Act 32.

Related statute or rule

Section 49.155 (7m), Stats.

Explanation of agency authority

Section 49.197 (2), Stats., as repealed and recreated by 2011 Wisconsin Act 32, provides that the department shall by rule establish an incentive program that, using moneys from the allocation under s. 49.175 (1) (p), Stats., rewards county departments, Wisconsin Works (W-2) agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program.

The rule shall specify that a county department, W-2 agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, W-2 agency, or tribal governing body may use payments received for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.

No later than January 1, 2012, the department shall submit its plan for the incentive program to the Joint Committee on Finance for review by the committee. The department shall promulgate the rule for the incentive program in accordance with the plan as approved by the committee.

Summary of the proposed rule

The proposed rule for the incentive program will implement the department's plan as approved by the Joint Committee on Finance on January 23, 2012. The department's plan is available at http://legis.wisconsin.gov/lfb/jfc/passive_review/Pages/JFC-Passive-Review.aspx.

The proposed rule provides that the department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

•   The local agency investigates the child care provider by conducting site visits, collecting and reviewing the provider's attendance and billing records, interviewing persons of interest, or gathering supporting case information.

•   The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

•   The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions.

•   The local agency's actions result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider.

•   The withholding of payments is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

•   If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

The department shall determine the amount of an incentive payment earned by a local agency by multiplying the statewide average monthly subsidy payment per child in the preceding fiscal year by the average monthly number of children for whom payment was authorized to the provider in the 12 months before the local agency or the department refused to issue payments by 1.5 months. If payment was not authorized to the provider for all of the preceding 12 months, multiply by the average monthly number of children for whom payment was authorized to the provider for the number of months that payment was authorized will be used.

An incentive payment earned by a local agency for identifying fraud in the child care subsidy program by a single child care provider may not exceed $25,000. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program by more than one child care provider.

A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following:

•   The local agency's child care fraud contract with the department for the following year.

•   The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.

•   Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.

The initial applicability of incentives under the proposed rule is investigations that were initiated on or after January 1, 2012.

Summary of factual data and analytical methodologies

The proposed rule provides detail necessary to implement s. 49.197 (2), Stats. No data was used.

Summary of related federal requirements

None

Comparison to rules in adjacent states

The department is not aware of rules regarding incentive programs for local agencies that identify fraud committed by child care providers in any of the adjacent states.

Agency Contact Person

Erik Hayko, Division of Early Care and Education, [phone], [e-mail].

Text of Rule

SECTION 1. DCF 201.03 (6) is created to read:

DCF 201.03 (6) INCENTIVE PROGRAM FOR LOCAL FRAUD DETECTION.

(a) Definition. In this subsection, “local agency" means a child care administrative agency, excluding an agency in a county having a population of 750,000 or more.

(b) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

1. The local agency investigates the child care provider by doing any of the following:

a. Conducting site visits.

b. Collecting and reviewing the provider's attendance and billing records.

c. Interviewing persons of interest.

d. Gathering supporting case information.

2. The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program under s. 49.155, Stats., and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

3. The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions under sub. 2.

4. The local agency's actions in subd. 1. to 3. result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.

5. The withholding of payments under subd. 4. is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

6. If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

(c) Payment amount. 1. The department shall determine the amount of an incentive payment earned by a local agency under par. (b) by multiplying all of the following amounts:

a. The statewide average monthly subsidy payment per child in the preceding fiscal year.

b. The average monthly number of children for whom payment was authorized to the provider under s. DCF 201.04 (2g) in the 12 months before the local agency or the department withheld payments under par. (b) 3. If payment was not authorized to the provider for all of the preceding 12 months, the average monthly number of children for the number of months that payment was authorized.

c. 1.5 months.

2. An incentive payment earned by a local agency for identifying fraud in the child care subsidy program under par. (b) by a single child care provider may not exceed $25,000.

3. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program under par. (b) by more than one child care provider in that year.

(d) Use of incentive funds. A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following purposes:

1. The local agency's child care fraud contract with the department for the following year.

2. The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.

Note: Contracts with counties are based on a calendar year and contracts with tribes are based on a federal fiscal year.

3. Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.

SECTION 2. INITIAL APPLICABILITY. This rule first applies to investigations under s. DCF 201.03 (6) (b) 1. that were initiated on or after January 1, 2012.

SECTION 3. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

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: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
DCF 201, Administration of Child Care Funds
3. Subject
Incentive Program for Local Agencies that Identify Child Care Subsidy Fraud Committed by Child Care Providers
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			Section 20.437 (2) (md), Stats.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	X Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The rule provides the procedures for implementing s. 49.197 (2), Stats.
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 solicited comments from the Wisconsin County Human Service Association, the Wisconsin Association on Public Assistance Fraud, and local agencies that administer the child care subsidy program under s. 49.155, Stats.
11. Identify the local governmental units that participated in the development of this EIA.
Rock County
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)
Local agencies that administer the child care subsidy program may increase their revenue if they earn an incentive under the rule. Section 49.197 (2) (b) 1., Stats., directs the department to fund the incentive program from the allocation for direct child care services under s. 49.175 (1) (p), Stats. Rock County contracts with a private investigator to conduct its child care provider fraud investigations. They asked whether the county or the private investigator would be eligible to receive the incentive payments. The department would make the payment to the local agency. The allowable uses for the funds are in the proposed s. DCF 201.03 (6) (d).
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Section 49.197 (2) (b) 1., Stats., directs the department to promulgate this rule.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The department is not aware of rules governing an incentive program for local agencies that identify child care subsidy fraud committed by providers in any of the adjacent states.
17. Contact Name				18. Contact Phone Number
Erik Hayko				[phone]

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

Notice of Hearing

Technical College System

CR 14-022

NOTICE IS HEREBY GIVEN that pursuant to Wis. Stats. s. 38.04, and interpreting Wis. Stats. s. 38.04 (4), the Wisconsin Technical College System will hold a public hearing to consider repealing and recreating Chapter TCS 3, related to Certification of Personnel: Requirements and Procedures.

Hearing Date and Location

Date:   Tuesday, April 29, 2014
Time:   9:00 a.m.
Location:   Wisconsin Technical College System
  Office

  Board Room
  4622 University Avenue
  Madison, WI 53707

It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. To request assistance or reasonable accommodations for the scheduled public hearing, contact Nancy Merrill at [phone] or [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to the agency contact person listed above. Deadline for submission is 5 p.m., April 29, 2014.

Analysis Prepared by the Wisconsin Technical College System Board

Statutes interpreted

Wis. Stats. s. 38.04 (4).

Statutory authority

Wis. Stats. s. 38.04 (4).

Explanation of agency authority

Section 38.04 (4), Stats., states that the qualifications of educational personnel shall be approved by the technical college system board.

Related statute or rule

Wis. Stats. s. 38.12 (3) (b).

Plain language analysis

The Wisconsin Technical College System (WTCS) recently reviewed Chapter TCS 3 of the Wis. Admin. Code, Certification of Personnel: Requirements and Procedures, to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. Chapter TCS 3, which was last amended in 1993, establishes the standards and procedures for implementation of a personnel certification system.

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

There are no federal rules regarding certification of technical college personnel.

Comparison with rules in adjacent states

Not applicable.

Summary of factual data and analytical methodologies

Not applicable.

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

A fiscal estimate and economic impact analysis were completed as required under s. 227.14, Wis. Stats. No fiscal or economic impact is expected. A copy of the fiscal estimate and economic impact analysis can be obtained by contacting the agency contact person listed below.

Effect on Small Business

None

Agency Contact Person

Nancy A. Merrill, Senior Policy Advisor and Federal Relations Officer, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone [phone], e-mail [e-mail].

Text of Rule

CHAPTER TCS 3

Certification of Personnel: Requirements and Procedures

TCS 3.01   Purpose and Applicability

TCS 3.02   Definitions

TCS 3.03   Documentation and Instructor Credentials

TCS 3.04   Instructor Requirements

TCS 3.05   Faculty Quality Assurance System

TCS 3.06   Review of district compliance

TCS 3.01 Purpose and application. (1) PURPOSE. The purpose of this chapter is to establish standards and procedures pursuant to s. 38.04(4)(a), Stats., for the approval of minimum requirements for district educational personnel who provide instruction in courses that apply to a degree or adult basic education.

(2) APPLICABILITY. This chapter applies to all district instructors teaching courses that apply to a degree or adult basic education. It does not apply to instructors teaching adult continuing education or community service/avocational courses listed under aid code 42, 47 or 60.

TCS 3.02 Definitions. In this chapter:

(1) “Academic instructor" means a person teaching one or more courses in academic subjects such as mathematics, social science, English, communications, and science where the knowledge and skills taught are obtained by the instructor through collegiate preparation.

(2) “Accredited" means official recognition as a public or private educational institution by an accrediting agency recognized by the U.S. Department of Education.

(3) “Board" means the Wisconsin Technical College System Board.

(4) “Currency" means ongoing engagement in assigned occupational or academic area(s) that ensure instructors meet the most recent standards of practice for professions associated with their assigned content areas.

(5) “Director" means the person appointed as the System President by the Board under s. 38.04(2), Stats.

(6) “District" means a technical college district established under ch. 38, Stats.

(7) “District board" means the district board in charge of the technical colleges of a district.

(8) “District director" means the person employed by a district board under s. 38.12(3)(a)1, Stats.

(9) “Employed full-time" means employed by a district as an academic or occupational instructor in a position that qualifies as full-time according to district policy or standards.

(10) “Employed part-time" means employed by a district as an academic or occupational instructor in a position that qualifies as part-time according to district policy or standards.

(11) “Faculty Quality Assurance System" means the system used to ensure compliance under this chapter.

(12) “Occupational instructor" means a person employed by a district to teach one or more courses that are vocational or technical in nature and that apply toward a degree.

(13) “Postsecondary degree granting institution" means a public or private educational institution awarding an associate, baccalaureate, or graduate degree.

(14) “Higher Learning Commission" means the independent corporation that accredits degree-granting post-secondary educational institutions in the North Central region, thereby granting accredited institutions membership in the Commission and in the North Central Association.

(15) “Subject matter expert" means an individual with scientific, technical, or other specialized knowledge in a specific subject matter, profession or field of study exhibited by or obtained through knowledge, skill, experience, training, education, or a combination thereof.

(16) “Verifiable occupational experience" means occupational experience that is, at a minimum, documented by a district director's or designee's reference check.

TCS 3.03 District documentation of instructor credentials. Prior to being assigned to teach any course, a person employed by a district as an academic or occupational instructor shall provide to the district director or designee:

(1) Official transcripts of undergraduate and graduate credits from accredited institutions to document compliance with educational requirements under this chapter.

(2) Copies of professional or occupational licenses required by a state or federal agency for employment in the occupation or profession.

(3) Verification from accredited institutions of appropriate teaching experience.

(4) Verification of required occupational experience for occupational instructors.

TCS 3.04 Instructor requirements. (1) Each academic and occupational instructor shall meet applicable requirements established by the Higher Learning Commission and federal and state licensing requirements.

(2) Each occupational instructor also shall have a minimum of two years (4,000 hours) of occupational experience in a target job for the program(s) being taught, of which at least one year (2,000 hours) shall be within five years prior to the date of appointment. One year (2,000 hours) of related occupational experience may be waived if the occupational instructor has at least two years of post-secondary teaching experience in the appropriate occupational field within five years prior to the date of appointment (two years of post-secondary teaching experience means eight semesters of part-time teaching or four semesters of full-time teaching at an accredited institution).

(3) An exception to the occupational experience requirements under s. TCS 3.04(2) may be granted by the district director or designee for:

(a) Emergency staffing situations;

(b) Pending credentials;

(c) Specialized expertise or renowned qualifications of candidate;

(d) Emerging fields; and

(e) Lack of candidate availability.

(4) An occupational experience exception under s. TCS 3.04(3) shall only be allowed if a plan is approved by the district director or designee to ensure the occupational instructor granted the exception complies with occupational experience requirements within the time period specified pursuant to s. TCS 3.05(2).

TCS 3.05 Faculty Quality Assurance System. Each district shall provide annual reports as required by the System President on its activities to maintain a faculty quality assurance system that includes all of the following:

(1) district recruitment and hiring procedures for academic and occupational instructor positions that:

(a) demonstrate efforts to achieve a diverse instructor population;

(b) include subject matter expert participation in the development of each new instructor position;

(c) comply with all state and federal laws;

(d) comply with Board policy on criminal background checks;

(e) verify prospective employee qualifications; and

(f) address onboarding for new employees through providing a district employee handbook or standard operating practice and the Wisconsin Technical College System mission, vision and strategic direction.

(2) professional development plans for each academic and occupational instructor that ensures the instructor:

(a) completes all System President-approved competencies within three years of the date of employment if full-time or within five years of the date of employment if part-time.

(b) maintains currency in their assigned content area(s). The district director or designee shall establish a process to maintain currency of academic and occupational instructors.

(c) fulfills occupational experience requirements within the time period specified by the district director or designee for an occupational instructor hired pursuant an occupational experience exception under to TCS 3.04 (3).

(d) complies with all other requirements and policies set forth by the State Board or System President.

(3) a performance evaluation system for each full-time academic or occupational instructor that includes (a) documentation that the instructor and their supervisor discussed and set instructor goals; (b) data measures that will be used to assess instructor performance; and an (c) employee development or performance improvement plan.

(4) a process for evaluating academic and occupational instructors who are less than full-time.

(5) a plan that provides peer coaching and/or mentoring for all academic and occupational instructors.

TCS 3.06 Review of district compliance. The System President or designee shall review district compliance with the requirements established in this chapter under TCS 3.03, TCS 3.04 and TCS 3.05 at least once every three years.

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: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Agency 292 - Chapter TCS 3
3. Subject
Certification of Personnel: Requirements & Procedures
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			None
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units – technical colleges		⍽ 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
Chapter TCS 3, Certification of Personnel: Requirements and Procedures, was last amended in 1993 and requires repealing and recreating to address current standards and procedures for hiring and certifying the qualifications of instructors hired by WTCS colleges.
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.
Technical colleges were involved in assessing efficiency and effectiveness of the existing Ch. TCS 3 and identifying improvements to ensure the qualifications of WTCS faculty.
11. Identify the local governmental units that participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Wisconsin's technical colleges will benefit from improvements to the process for certifying the quality of WTCS faculty.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule will ensure highly qualified faculty at each of Wisconsin's 16 technical colleges.
14. Long Range Implications of Implementing the Rule
15. Compare With Approaches Being Used by Federal Government
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
17. Contact Name				18. Contact Phone Number
Nancy A. Merrill, Senior Policy Advisor & Federal Relations Officer				[phone]

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

Notice of Hearing

Transportation

EmR1404, CR 14-031

NOTICE IS HEREBY GIVEN That pursuant to ss.227.11 (2), 343.06 (3), 343.065 (3), 343.14 (2) (i) 1., 343.23 (2) (a), 343.265 (1r), and 343.27, Stats., the Department of Transportation will hold a public hearing on the emergency rule and proposed permanent rule to consider the creation of section Trans 327.14, relating to motor carrier safety.

Hearing Date and Location

Date:   Thursday, May 1, 2014
Time:   1:00 p.m. to 3:00 p.m.
Location:   Wisconsin Department of Transportation
  Hill Farms State Transportation Building
  Room 144-B
  4802 Sheboygan Avenue
  Madison, WI 53707

Accessibility

English

DOT is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Alison Lebwohl at 608-266-0054. You must make your request at least 7 days before the activity.

Spanish

El PUNTO es patrón de la oportunidad igual y abastecedor de servicio. Si usted necesita comodidades debido a una inhabilidad o necesita a un intérprete o a traductor, o si usted necesita este material en otra lengua o en un formato alterno, usted puede solicitar ayuda de participar entrando en contacto con a Alison Lebwohl en 608-266-0054.You debe hacer su petición por lo menos 7 días antes de la actividad.

Hmong

DOT yog ib cov chaw ua hauj lwm vaj huam sib luag thiab muab kev pab. Yog hais tias koj xav tau kev kho kom haum vim yog muaj mob xiam oob qhab los yog xav tau ib tug neeg txhais lus los txhais, los yog hais tias koj xav tau qhov khoom ntawd rau lwm hom lus los yog txhais ua lwm hom ntawv, koj yuav thov kev pab mus xamphaj Alison Lebwohl ntawm 608-266-0054. yuav tsum ua koj txoj kev thov txog li 7 hnub ua ntej qhov kev ua.

To view the proposed permanent and emergency rule, and view the current rule, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Copies of Proposed Rule and Fiscal Estimate — Economic Impact Analysis

A copy of the proposed rule and the fiscal estimate-economic impact analysis may be obtained from the Department of Transportation at no charge by downloading the documents from www.adminrules.wisconsin.gov or by contacting:

Alison Lebwohl

Bureau of Driver Services Section, Division of Motor Vehicles

Wisconsin Department of Transportation

4802 Sheboygan Avenue, Room 809

P.O. Box 7995

Madison, WI 53707-7995

Phone: [phone]

Email: [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Alison Lebwohl via e-mail or U.S. mail, or to the Wisconsin Administrative Rules Website, at www.adminrules.wisconsin.gov until close of business on May 1, 2014.

Impact on Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a negative economic impact on small business. The Department's Small Business Regulatory Coordinator, Michele Carter, may be contacted at: [phone] or [phone], or by e-mailing her at: Michele.Carter@ dot.wi.gov.

Environmental Impact

The Department has made a preliminary determination that this action does not involve adverse environmental effects and does not need an environmental analysis. No petition has been received requesting an environmental analysis.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Sections 343.06 (3), 343.065 (3), 343.14 (2) (i) 1., 343.23 (2) (a), 343.265 (1r), and 343.27, Stats.

Statutory authority

Section 343.065 (3), Stats.

Explanation of agency authority

Current law requires the Department of Transportation to administer the driver license law for commercial motor vehicles contained in ch. 343, Wis. Stats. The state has declared its purpose and intent to implement and enforce the federal driver license laws so as to ensure receipt by this state of any federal highway aids. Federal law requires states to conform to federal regulations affecting commercial motor vehicles and their drivers, or face withholding of federal highway funds. See 49 CFR 384.401. The amounts to be withheld from a state that fails to conform to federal regulations affecting commercial motor vehicles or their drivers are 5% of federal highway aid for the first year of substantial nonconformity, and 10% per year of nonconformity thereafter. Current Wisconsin law also requires department rules affecting driver licenses not to conflict with, and be at least as stringent as, standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act.

On December 1, 2008, the federal motor carrier and safety administration (“FMCSA") issued its final rule concerning “Medical Certification Requirements as Part of the CDL [Commercial Driver License]" at 73 Federal Register 73096. Among other changes, the federal regulation requires commercial motor vehicle drivers to declare whether they intend to engage in driving operations that require the driver to maintain proof of medical examination showing the driver meets fitness qualifications, and requires the state driver licensing agency to `downgrade' the CDL of any driver that fails to timely make such certification or to maintain such proof on file. In response, Wisconsin enacted conforming statutory requirements as part of 2011 Wisconsin Act 32 (the 2011-13 biennial budget act), and required the Department of Transportation to: promulgate rules to define "downgrade" in accordance with federal law and regulations or guidance from the applicable federal agency; establish the process for downgrading a CDL, and whether or not a new CDL document will be issued after a CDL is downgraded; and to establish the process for reinstating a downgraded CDL after the department receives a valid medical certification or other appropriate certification of physical qualifications from the licensee. See s. 343.065 (3), Stats.

This rule-making implements s. 343.065 (3), Stats. The objective of this rule is to: implement federal requirements for commercial drivers to declare their intended driving type; obtain from drivers federally required medical examiner's certificates to the department; electronically enter the driver's self-certification of driving type and the status of their federal medical examiner's certification online for access by the driver, employers and other state; and for the department to timely make those certificates available for inspection by other states in which the driver may drive.

Related statute or rule

See the “Statutes interpreted": section; chs. Trans 112 and 327, Wis. Adm. Code.

Plain language analysis

This proposed rule-making would bring Wisconsin into conformity with federal regulations requiring that commercial drivers certify where they drive in commerce (“Tier of Operation"), and require drivers engaged in non-excepted interstate commerce to keep a valid federal medical certificate on file with the licensing state. The federal medical examiner's certificate (“FedMed Card") is proof of a qualified medical examination that determined the driver meets federal medical qualifications for operating a commercial motor vehicle. This rule does not change the requirements for when commercial drivers must hold a valid FedMed Card. Specifically, under this rule-making:

•   By January 30, 2014, all commercial drivers must certify their Tier of Operation to the Department. This may be: 1) interstate non-excepted (Tier 1); 2) interstate excepted (Tier 2); 3) intrastate non-excepted (Tier 3); or 4) intrastate excepted (Tier 4). Drivers can make the certification by mail, fax, online or by email, using a computer or a Smartphone, or at a DMV service center.

•   By January 30, 2014, all commercial drivers certifying their tier of operations as Tier 1 must file a FedMed Card with the department, and keep it up-to-date. Drivers can file FedMed Cards by mail, fax, online or by email, using a computer or a Smartphone, or at a DMV service center.

•   The department will update that commercial driver's record shown on the Commercial Driver License Information System (CDLIS) within 10 days, showing the self-certified tier of operation and whether the driver has filed any required FedMed Card or medical variance.

•   The department will “downgrade" the CDL of any commercial driver who: 1) Does not certify his or her tier of operation by January 30, 2014; 2) Self-certifies himself or herself as a Tier 1 driver and does not provide a valid FedMed Card; or 3) Is a Tier 1 driver whose FedMed Card expires, or is removed or rescinded by FMCSA. Federal regulations require downgrading for these reasons. The department will “downgrade" the CDL by removing the CDL privilege from the holder's driver's license, and the driver cannot drive commercial motor vehicles again until he or she certifies a tier of driving other than Tier 1, or submits a valid FedMed Card or medical variance. The driver may reinstate the CDL privilege without additional testing by correcting the cause for the downgrade.

•   The department will notify commercial drivers by mail or another method, and notify enrolled employers through Employer Notify, no more than 55 days before a FedMed Card filed with the department expires, upon expiration of that FedMed Card, and immediately upon downgrade.

•   Drivers will be able to use the online application – and employers who have signed up to use Employer Notify will be able to use Employer Notify – to verify: downgrade or reinstatement of commercial privileges; tier of operation; and, for Tier 1 drivers, the expiration date of FedMed Cards.

•   Fraudulent FedMed Cards – whether presented online, in a DMV field station, or at a safety and weight enforcement facility operated by the Division of State Patrol scale – will be considered a false application and treated accordingly.

•   If future federal rule-making provides FedMed information directly to states, then commercial drivers are required to certify only their tier of operation, but not necessarily provide a copy of a current FedMed Card to the department.

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

This rule-making implements the final federal regulations concerning, “Medical Certification Requirements as part of the CDL" at 73 FR 73096 (Dec. 1, 2008). The rulemaking is intended to ensure Wisconsin's conformity with federal regulations in 49 CFR Part 383 and 391, requiring drivers of commercial motor vehicles to certify their type of driving to the department and submit a copy of their federal medical certificate to the department. All states are required to comply with these regulations.

Comparison with rules in the following states

The four states bordering Wisconsin all have requirements in place similar to those proposed herein. Specifically, all four states: require all CDL holders to certify their commercial driving as 1 of 4 types specified in federal law; require those drivers certifying their driving as `non-excepted interstate' to provide and maintain on file with the state driver licensing authority a valid federal medical certification or medical variance; `downgrade' a CDL by removing all commercial driving privileges, for all commercial drivers that do not complete the self-certification or do not provide the federal medical certificate, by January 30, 2014; and reinstate the downgraded driver that self-certifies a driving type other than non-excepted interstate, or provides a federal medical certification or medical variance. Iowa alone allows a grace period of 60 days after federally required deadlines before downgrading a CDL for noncompliance.

Illinois. Illinois administrative code requires all CDL holders on or after January 30, 2012 to self-certify one of four types of driving before January 30, 2014. Failure to self-certify will result in cancellation of the CDL privileges, per. Drivers who certify their driving as non-excepted interstate driving must submit and maintain on file a medical examiner's certificate and, if appropriate, a medical variance issued by the federal motor carrier safety administration (FMCSA). The removal of privileges remains in effect until the driver provides valid federal medical certification or medical variance, or certifies that the driver is not engaged in non-excepted interstate driving. These provisions of Illinois law are found at 92 Ill. Admin. Code 1030.22.

Iowa. Iowa requires all CDL holders to self-certify the type of commercial diving as one of four types, not later than January 30, 2014. Drivers who certify their operations as non-excepted interstate must provide the department of transportation a valid federal medical examiner's certificate. Iowa law prevents the licensing of any applicant for initial or renewal of a CDL who does not self-certify their driving or does not provide a federal medical certificate. Iowa law requires the downgrade of any driver certified as non-excepted. Iowa deems a CDL expired upon the expiration of a federal medical certificate, and 60 days thereafter will entirely remove the commercial driving privileges if the driver does not provide an updated federal medical certificate or self-certifies a type of driving other than non-excepted interstate. Similarly, Iowa does not remove the driving privileges from a driver who fails to make that self-certification until 60 days after that deadline. Drivers that are downgraded may reinstate a CDL by providing a valid federal medical certification or medical variance, or by self-certifying as driving something other than non-excepted interstate. These provisions of Iowa law are found at Iowa Admin. Code 761-607.50(321), and Iowa Statute at 321.182 and Iowa Code Supplement at 321.188 and 321.207.

Michigan. Michigan requires all CDL holders to declare one of four types of driving, and requires driver's who certify their driving as “non-excepted interstate" to provide a valid federal medical examiner's certificate". Michigan will remove all commercial driving privileges from the driver license if a driver fails to certify the type of driving or fails to provide and maintain a valid medical examiner's certificate or maintain. Although the Department was unable to find Michigan statutes or administrative code provisions related to this, the Michigan Secretary of State's website includes FAQs that describe the process summarized above, at: http://www.michigan.gov/sos/0,1607,7-127-48296---F,00.html#5.1 under the heading “ Commercial Drivers — Self and Medical Certification". According to the Michigan Secretary of State website, “You will lose your privilege to operate a CMV if you fail to provide a self-certification to the Secretary of State's Office before your CDL expires or by January 30, 2014, whichever date comes first." and “If you self-certify as a non-excepted interstate driver, you must present a completed and signed Medical Examiner's Certificate, which is also known as a DOT Medical Card, to the Secretary of State to continue your CDL application."

Minnesota. Minnesota statutes require CDL applicants to self-certify one of four types of driving and, if required by federal law (i.e. certifies as a non-exempt interstate driver) to provide and maintain with the driver licensing authority a valid federal medical examiner's certificate. Minnesota downgrades the commercial driving privileges of any driver who has certified himself or herself as being required by federal law to provide a federal medical examiner's certificate, unless within 30 days following written notice to the driver that the medical examiner's certificate is expired, the driver self-certifies as not engaged in non-exempt interstate driving, or provides the required a federal medical examiner's certificate or medical waiver. Minnesota accomplishes the downgrade by removing the commercial driving privileges from the person's driver license. These provisions are found at Minnesota Statutes Annot. 171.162. Minnesota administrative rules allow a downgraded CDL driver to reinstate commercial driving privileges within one year or less by submitting a valid federal medical certificate or by self-certifying as driving in something other than non-excepted interstate driving. However, if the commercial driving privileges are downgraded for more than one year the CDL driver must apply as a new CDL applicant and retake the knowledge and driving skills tests. These provisions are found at Minnesota Admin. Code 7421.0800.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen

Wisconsin considered several options for implementing this federal rule: require all commercial drivers, regardless of their tier of operation, to keep a current FedMed Card on record with the department; require that certification or provision of FedMed Cards could only be done in DMV service centers, or only online; require downgraded drivers to appear at service centers to reinstate or repeat some or all of the CDL licensing process. The current approach was selected because it is the most flexible and driver-friendly, yet still meets the letter and spirit of the federal requirements.

Analysis and supporting documentation used to determine effect on small businesses

This rule-making will have a minor fiscal impact on independent truckers and small trucking companies. The new burdens placed on drivers include having to declare a type of operation to the department and, for drivers that declare themselves to be engaged in non-excepted interstate travel, to file and maintain a FedMed Card with the department. FMCSA estimates that 80% of all CDL holders are engaged in non-excepted interstate commerce. Neither the federal regulations nor this rulemaking change the requirements that drivers engaged in non-excepted interstate commerce maintain a FedMed Card on their person when driving a CMV in interstate commerce, so the burden of this rule is largely a reporting burden. However, this rule will simplify the process of drivers providing proof of a FedMed Card, as the federal regulations will make this information available to all employers, drivers and states through a national database, CDLIS. The department has minimized the driver's compliance costs in a variety of ways.

Effect on Small Business

The department has attempted to identify flexible and business-friendly methods of implementing and enforcing this rule, and has included them in this rule. The department expects the long-term effect on small business to be relatively minor. The requirements of self-certifying a CDL driver's tier of operation, and of Tier 1 drivers maintaining valid FedMed Cards with the department, will be jointly enforced by the Division of State Patrol (through implementation of the federal motor carriers safety regulations) and by DMV. Commercial drivers and trucking companies will need to ensure that they and their drivers have certified their tier of operation, and that Tier 1 drivers have a current FedMed Card on file with the department. FedMed requirements remain unchanged. There is no fee: to certify a tier of operation; to change a certification at any time to another tier of operation; to provide a FedMed Card; to verify one's own tier of operation or the expiration of a FedMed Card, or; to reinstate a CDL after being downgraded. Employers and drivers can check a driver's status online or through employer notification, for no charge. Both drivers and employers are notified 60 days before expiration of a FedMed Card, upon expiration and, if the driver does not provide a new, valid FedMed card or declare a tier of driving other than `non-excepted interstate', upon downgrade. The department has been providing outreach to individual drivers and to trucking companies to inform them of these new requirements, and will continue to do so.

Fiscal Effect

This rule imposes costs in three ways. First, applicants for a CDL are now required to self-certify the type of driving in which they intend to engage. The department estimates that this part of the application process can be completed in less than 1 minute.

Next, the rule requires current CDL holders to self-certify the type of driving in which they intend to engage. Because certification by existing drivers will not be done in conjunctions with a CDL application, the department estimates this will take approximately 5 to 10 minutes to complete.

Last, drivers who certify that they engage in non-excepted interstate commerce will be required to file proof of their FedMed Card with the Department, and to refile proof at least once every 2 years when the FedMed card expires. The department believes this can be done in conjunction with the self-certification process, or separately, in no more than 5 minutes per driver.

In December 2012, there were 299,221 CDLs issued by this state, of which 235,808 were valid and 63,413 were withdrawn or expired. Assuming for purposes of estimating the greatest impact that each of 299,221 CDL holders will comply, and that each driver spends 5 minutes complying with the self-certification requirements of this rule, the aggregate compliance time will be 24,935 hours. CDLs are valid for 8 years, so assuming an even rate of CDL issuance and renewals, the aggregate compliance time may be 3,116 hours per year statewide. FMCSA estimates that 74% of CDL holders engage in non-excepted interstate commerce [See, 71 FR 66743 (Nov. 16, 2006)]. If that is correct, as many as 221,423 drivers will also be required to file FedMed Cards with the department. If compliance takes 5 minutes to file a FedMed Card, the aggregate time spent on initial compliance may be 18,451 hours. The FedMed Card is generally valid for 2 years, but drivers with specific medical conditions may require more frequent medical fitness certification (for example, a FedMed Card for a driver with the following diagnoses is valid for one year: high blood pressure, heart disease, diabetes and vision exemption or waiver programs). Assuming that each FedMed Card is valid for 2 years, the aggregate annual time spent on compliance may be 9,226 hours. Taken together, the aggregate time spent to self-certify (3,116 hours) and file FedMed Cards (9,226 hours) could be 12,342 hours annually.

This rule requires the department to enter the self-certification on the CDLIS driving record of each driver. If each record entry can be completed in 2 minutes, the aggregate time to enter may be 1,246 hours, or 0.6 FTE. This figure assumes only one entry per driver every 8 years, which will increase if drivers change their self-certified type of driving during the 8-year CDL duration.

The rule also requires the department to record on the CDLIS driving each FedMed Card it receives. If each record entry can be completed in 2 minutes, the aggregate time to complete those entries is 7,977 hours every two years, or 3,989 hours per year, or 1.9 FTE.

In all, it appears the department will require 2.5 FTE annually to complete the work required by this rule.

The department will incur ongoing costs to provide written notices to drivers that: 1) a FedMed card will expire within 60 days; 2) that a FedMed Card has expired; and 3) that a CDL is downgraded. It is unknown how many of the estimated 239,336 non-excepted interstate drivers will require such notices from the department, but these notices could be required for each driver every 2 years to coincide with the valid period of a FedMed Card. If 10% of all estimated 221,423 drivers required to file FedMed Cards require all 3 notices every 2 years the department will mail 33,213 notices per year as result of this rule. If half of those drivers have employers on file, mailing those notices to employers will require an additional 16,606 mailed notices.

On March 11, 2014, the department solicited information and advice as required under s. 227.137, Stats., and Executive Order #50, to help prepare this economic impact analysis. The Department has solicited information and advice from six individuals who hold CDL's, from around the state and engaged in both interstate and intrastate driving operations, and from all members of the department's standing Motor Carrier Advisory Committee. The motor carrier advisory committee consists of 6 members, including: 3 trucking company representatives; one representative of a corporation specializing in motor carrier driver and fleet management and regulatory compliance; one citizen; and the Wisconsin Motor Carriers Association, a non-profit trade association representing the interests of truck and motor coach owners within the state of Wisconsin, and having 1,050 members ranging from independent contractors with one truck to companies with thousands of trucks, and affiliated with the American Trucking Associations (ATA) in Washington. The comment period remains open until April 5, 2014. As of today's date, March 28, 2014, the department has received no comments responding to the solicitation. Any comments received in response to the solicitation will be considered and addressed in the final rule along with any comments received at the forthcoming public hearing. In addition, the department promulgated Emergency Rule Trans. 327 on February 16, 2014, that implements all of the requirements of this proposed rulemaking, and has received no comments in response to that emergency rule.

Anticipated Costs Incurred by Private Sector

See the discussion above for the anticipated time required to comply with this rule. The department has identified flexible and business-friendly methods of implementing and enforcing this rule. As with small businesses, the department expects compliance with this rule to take no more than 10 minutes per driver, at no charge by the department, so overall costs incurred by the private sector are believed to be minimal per driver, and are the consequence of federal regulations. All commercial drivers and trucking companies will need to ensure that they and their drivers have certified their tier of operation and that Tier 1 drivers have a current FedMed Card on file with the department. FedMed Card requirements remain unchanged. There is no charge by the department to a driver to certify a tier of operation, to change one's tier of operation at any time, to provide a FedMed Card, to verify a tier of operation or the expiration of a FedMed Card, or to reinstate a CDL after being downgraded. Drivers and employers can verify a driver's status online or through employer notification, free of charge. Both drivers and employers are notified 60 days before expiration, upon expiration and upon downgrade. The department is also providing outreach to individual drivers and to trucking companies.

Agency Contact Person and Place Where Comments are to be Submitted and Deadline For Submission

Comments may be submitted to the agency contact person that is listed below until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled.

Any such comments should be submitted to:

Alison Lebwohl

Bureau of Driver Services Section, Division of Motor Vehicles

Wisconsin Department of Transportation

4802 Sheboygan Avenue, Room 809

P. O. Box 7995

Madison, WI 53707-7995

Phone: [phone]

E-mail: [e-mail].

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 Trans 327, Motor Carrier Safety
Subject
Procedures for commercial driver's to certify driving type, provide federal medical certificate to the department, and define procedures for downgrade of commercial driver's license (interstate only) if no valid federal medical certificate is on file.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
X GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			20.395 (5) (CQ)
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 Costs
The Rule Will Impact the Following (Check All That Apply)
X State's Economy X Local Government Units		X 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
Changes in federal regulations 49 CFR 383 and 384 require commercial drivers operating in interstate commerce to notify the department of their type of driving (interstate vs. intrastate / excepted vs. non-excepted). Additionally, interstate, non-excepted drivers must keep a valid copy of their federal medical certificate on file with the department. Failure to maintain a valid certificate on file will result in a downgrade of their commercial operating privileges. These changes are required, effective January 30, 2012. 2011 Wisconsin Act 32 also created s. 343065 (3) which allows the department to downgrade any commercial driver's license authorizing operation in interstate commerce if the driver does not file a current federal medical certificate. In addition, this section requires the department to promulgate rules to define the downgrade process in accordance with the federal regulations, as well as to establish the process for reinstating a downgraded license after a valid federal medical certificate is received.
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)
All commercial drivers operating in interstate commerce are already required to carry a valid federal medical card in their possession. This rulemaking requires that these drivers (or their employers) notify us of their driving type. In addition, drivers operating in interstate commerce are required to keep a copy of a valid federal medical certificate on file with the department.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Implementing this rule will ensure Wisconsin's compliance with federal regulations. Failure to comply with federal regulations could result in Wisconsin being found in non-compliance, per 49 CFR 384. Penalties for non-compliance are up to 10% of federal highway funding annually (over $50 million), loss of MCSAP funding (about $4 million annually) and decertification of Wisconsin Commercial Driver's License program. As such, the only alternative is to implement the rule. In addition, the rule helps ensure commercial drivers are medically competent.
Long Range Implications of Implementing the Rule
Implementing this rule allows Wisconsin to remain in compliance with federal regulations on commercial driver's licenses. Failure to comply with federal regulations could result in Wisconsin being found in non-compliance, per 49 CFR 384. Penalties for non-compliance are up to 10% of federal highway funding annually (over $50 million), loss of MCSAP funding (about $4 million annually) and decertification of Wisconsin Commercial Driver's License program.
Compare With Approaches Being Used by Federal Government
The federal government is requiring all states to comply with these requirements. However, the states have some flexibility to determine how to downgrade their drivers.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)

State	Method for Certifying Driving Type	Downgrade Process	Reinstatement Process
Iowa	Drivers can self-certify in person, by mail, by fax, or via the web	A courtesy letter will be sent prior to the expiration date of the federal medical certificate. If no updated card is received, the driver will lose their commercial privileges immediately upon the expiration of the federal medical certificate.	Drivers can get their commercial license back by self certifying they are no longer operating in interstate commerce, or by providing an updated federal medical certificate. No fee is required.
Michigan	Drivers can self-certify in person, by mail, by fax, or via the web	A courtesy letter will be sent 10 days prior to the expiration date of the federal medical certificate. If no updated card is received, the driver will lose their commercial privileges immediately upon the expiration of the federal medical certificate.	Drivers can get their commercial license back by self certifying they are no longer operating in interstate commerce, or by providing an updated federal medical certificate. A $25 fee is required.
Minnesota	Drivers can self-certify in person, by mail, or by fax	A courtesy letter will be sent 45 days prior to the expiration date of the federal medical certificate. If no updated card is received, the driver will lose their commercial privileges 60 days after the expiration date of the federal medical certificate.	Drivers can get their commercial license back by self certifying they are no longer operating in interstate commerce, or by providing an updated federal medical certificate. No fee is required.
Wisconsin	Drivers can self-certify in person, by mail, by fax, or via the web	A courtesy letter will be sent 60 days prior to the expiration date of the federal medical certificate. If no updated card is received, the driver will lose their commercial privileges 10 days after the expiration date of the federal medical certificate.	Drivers can get their commercial license back by self certifying they are no longer operating in interstate commerce, or by providing an updated federal medical certificate. No fee is required.
Please note: several attempts were made to contact Illinois. No one responded to our repeated messages.
Name and Phone Number of Contact Person
Alison Lebwohl, 608-266-0054