1.
Permitting the provision of barbering services outside of a licensed barbering establishment or a licensed cosmetology establishment by a barber to a person who is unable to leave his or her home because of illness or disability or who is in a hospital, nursing home, correctional institution, or other institution.
2. Establishing minimum standards concerning the maintenance, equipment, plans, and specifications for licensed barbering establishments as they relate to the public health and safety.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 120 hours, depending on the complexity. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Schools of barbering, cosmetology, aesthetics, electrology, and manicuring, and instructors in these schools.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No existing or proposed federal requirements were found for these schools.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
Contact Person
Shawn Leatherwood
Administrative Rules Coordinator
Telephone (608) 261-4438 or
711 (Telecommunications Relay)
1400 East Washington Avenue
P.O. Box 8366
Madison, WI, 53708-8366.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the governor on June 9, 2014.
Rule No.
Relating to
Use of approved real estate forms.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Clearinghouse rule no.
CR 13-073, relating to approved forms and legal advice, was recently adopted with a delayed effective date of July 2014. It was brought to the attention the Real Estate Examining Board (the Board) that in revising the rule after the public hearing and responding to Clearinghouse comments that the word “not" was inadvertently omitted in a specific paragraph, s.
REEB 16.06 (1) (b). Neither s.
35.17 (1) or
(2), Stats., provides a means to make such a correction without following the administrative rule-making procedures as outlined in ch.
227, Stats.
Section
REEB 16.06 (1) (b) relates to a licensee's use of board-approved forms. This specific paragraph has been in this rule and in effect prior to July 1988. The omission of the word “not" would allow reproduction of any board-approved form, and in doing so, allowing the omission of specific information, which may negatively affect protections to consumers entering into real estate transactions.
Additionally, if left uncorrected, the Board may not have the legal means to discipline a licensee with respect to the intended use of Board-approved forms.
2. Detailed Description of the Objective of the Proposed Rule
An inadvertent editing error occurred in a companion rule-making project whereby in responding to public comments and comments of the Clearinghouse Report, the omission of the word “not" in this specific paragraph, s.
REEB 16.06 (1) (b) occurred. The Board desires to correct the text prior to the delayed effective date of the companion rule, ch.
REEB 16 (
CR 13-073).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Regarding the use of board-approved forms by licensees, documents specific to a real estate transaction are expected to be uniform, clear, free of errors and omissions, accurately reflect all parties' intent, and provide protection for all parties — brokers, lenders, and most importantly the buyers. There are no new policies in this rule project; the sole purpose is to correct an error, which if left uncorrected may lessen protections provided to consumers.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
• Section
15.08 (5) (b), Stats.: This section requires any examining board to promulgate rules for their own guidance or the guidance of respective trade or profession.
• Section
452.07, Stats.: This section provides the Real Estate Examining Board the express authority to draft and approve rules relating to the guidance of the real estate profession. “S.
452.07 Rules. (1) The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
• Section
452.05 (1) (b), Stats., reads: “Approve forms for use in real estate practice. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice."
• Section
452.14 (3) (m:, Stats.: This sections relates to investigation and discipline of licensees and reads: “(m) Failed to use forms approved under s.
452.05 (1) (b);"
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 50 hours is needed to perform the review and develop the rule change. This time includes meeting with the Real Estate Examining Board, drafting the rule change and processing the change through public hearing, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule change; existing staff will be utilized; no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed brokers, lenders and consumers.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Federal government does not licensee real estate brokers or salespersons.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule is not expected to have a significant adverse economic impact on small business, as defined in s.
227.114 (1).
Contact Person
Sharon Henes, Administrative Rules Coordinator, 608-261-2377.
