significant (>$20,000,000)
9. Contact person
Timothy L. Cornelius
(608) 267-8622
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
The statement of scope was approved by the governor on August 22, 2014.
Rule No.
Relating to
Credential renewal or reinstatement.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking project is intended to create a definition of credential reinstatement and clarify the process for credential renewal or reinstatement for individuals who have failed to renew within 5 years after the credential renewal date.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Current department administrative rules are silent with regards to credential reinstatement for individuals who have failed to renew within 5 years after the credential renewal date.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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
440.08 (3) (b), Wis. Stats. The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under chs.
440 to
480, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board or the affiliated credentialing board.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule And of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All Department credential holders.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
9. Contact Person
Katie Paff, Program and Policy Analyst
(608) 261-4472
Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
The statement of scope was approved by the governor on August 22, 2014.
Rule No.
Relating to
Land surveyor professional licensure.
Rule Type
Permanent.
1. Finding/nature of emergency (Emergency Rule only):
NA.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule is to amend Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10 in order to bring these rules into compliance with recently enacted legislation,
2013 Wisconsin Act 358.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
2013 Wisconsin Act 358 significantly impacted land surveyor practice in Wisconsin. The Act was comprehensive and instituted a variety of changes throughout the statutes. This scope statement will focus on the changes made primarily to Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10. The Act replaced the certificate of registration credential with a licensed professional land surveyor credential making land surveyors licensed professionals. Secondly, Act 358 added the terms “practice of professional land surveying" and “professional land surveyor" as statutory definitions thereby creating the necessity to update the term “land surveyor" with the term “professional land surveyor" throughout the A-E chapters. A third change prompted by the legislation includes the repeal of the temporary permit which had allowed applicants for registration who held an unexpired certificate of registration in another state to obtain a temporary permit while they were waiting to take the jurisdictional exam in Wisconsin. This provision will go into effect on August 1, 2014. Lastly, the Act also repealed the apprenticeship training course path to licensure. The repeal of the apprenticeship provision will also go into effect on August 1, 2014. The proposed rule will amend Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10 to reflect these changes as well as any other changes necessary to resolve inconsistencies between the rules and
2013 Wisconsin Act 358.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . ." The proposed rule will provide guidance in the profession regarding the substantial changes made to the practice of land surveying in Wisconsin.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute. Section
227.01 (1), Stats., defines agency as a board.
Section
443.015 (2), Stats., “Each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations register, permitted, certified or granted certificate of authorization by that section."
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule And of Other Resources Necessary to Develop the Rule
State employees will spend approximately 80 hours developing this proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will affect applicants for land surveyor credentials and currently registered land surveyors.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is anticipated that the proposed rule will not have a significant economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Chiropractic Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of study for chiropractic radiological technicians and chiropractic technicians.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to clarify the Chiropractic Examining Board's intent regarding the statutory term course of study found in ss.
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats. This undefined term has led to inconsistent application of the statute. The proposed rule seeks to define the term in administrative code which should result in a more uniform application of the statute.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Sections
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats., regulate the certification of chiropractic radiological technicians and chiropractic technicians. One of the requirements for certification for both chiropractic radiological technicians and chiropractic technicians is the applicant must submit evidence satisfactory to the Chiropractic Examining Board that the applicant has completed a course of study approved by the Board. Currently, the term course of study is not defined in rule or statute. This has lead to ambiguity as to how applicants are to comply with the statutory requirement. The proposed rule will clarify the Board's intent in administering the statute by stating what constitutes a course of study.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides that examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . ." The proposed rule seeks to provide guidance to applicants seeking certification as a chiropractic radiological technician or a chiropractic technician as to what criteria meets the Board's requirement for a course of study.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute. Section
227.01 (1), Stats., defines agency as a board. The Chiropractic Examining Board falls within the definition of agency and is therefore allowed to apply s.
227.11 (2) (a), Stats., to statutes it administers.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule And of Other Resources Necessary to Develop the Rule
State employees will spend approximately 80 hours developing this proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
