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 Lastly, the Act also repealed the apprenticeship training course path to licensure.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
The proposed rule will affect applicants for chiropractic radiological technician and chiropractic technician certification.
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)
This rule is likely to have minimal to no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Cosmetology Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of instruction.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 356 amended ss.440.62 (3) (ar) 2. and 454.06 (2) (b), Stats., by decreasing the number of training hours which must be fulfilled by cosmetology practitioners as outlined in s.
Cos 5.02. Currently, cosmetology students are being enrolled in courses on a continuous basis notwithstanding the fact that the curriculum and corresponding training hours as they appear in Wis. Admin. Code s. Cos. 5.02 is no longer in effect due to Act 356. Emergency rules are needed to give clear guidance to students and instructors regarding the changes in required training hours and the corresponding syllabus for cosmetology practitioners.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code ch.
Cos 5 in line with recent legislation, specifically
2013 Wisconsin Act 356.
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
Wis. Admin. Code s.
Cos 5.01 requires cosmetology schools to develop curriculum for cosmetology practitioners that have been approved by the Cosmetology Examining Board. Wis. Admin. Code s.
Cos 5.02 sets forth the current Board approved practitioner's license syllabus and the corresponding training hours for each subject. Now that the training hours have been reduced by
2013 Wisconsin Act 356, both school administrators and students need clear guidance as to the number of training hours required for each subject. The proposed rule seeks to provide clear direction by identifying the changes in the syllabus.
2013 Wisconsin Act 356 also requires the Cosmetology Examining Board to identify approved accrediting agencies for the purpose of satisfying educational requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . ."
Section
227.11 (2) (a), Stats., discusses the parameters of and agency's rule-making authority, stating an agency, “may promulgate rule interpreting provisions of 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
440.62 (5) (b) 1., Stats., requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials and equipment at cosmetology schools.
Section
454.075, Stats., “The examining board shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter."
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 the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Cosmetology school administrators, licensed cosmetology practitioners and applicants for cosmetology practitioner credentials will be affected by the proposed rule.
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 proposed rule is likely to have a minimal or no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
