Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 756B

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: December 26, 2018
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Table of Contents



Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR1835
Expires: May 19, 2019
First Appearance
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty
EmR1834
Expires: May 1, 2019
First Appearance
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 4
Predetermination of conviction record prior to submitting a full application for licensure
EmR1833
Expires: May 19, 2019
First Appearance
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 13
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 25
Taking catfish and rough fish by hand or with a bow and arrow or crossbow
EmR1832
Expires: May 12, 2019
Department of Public Instruction (PI)
ch. PI 36
Changes to alternative application procedures
EmR1831
Expires: May 1, 2019
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1830
Expires: April 6, 2019
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Correction affecting the determination of child support when the parents have shared placement and the payer receives the child’s SSDI benefits
EmR1829
Expires: May 1, 2019, or the date on which permanent rules take effect, whichever is sooner.
Medical Examining Board (Med)
ch. Med 25
Sports physician licensure exemption
EmR1828
Expires: March 30, 2019
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 102
ch. DCF 201
Child care subsidy program
EmR1827
Expires: March 30, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing an early close to the 2018 ruffed grouse season in Ch. NR 10 Wis. Admin. Code
EmR1826
Expires: March 23, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
Food processing plants and affecting small business
EmR1825
Expires: March 25, 2019
Department of Public Instruction (PI)
ch. PI 40
The Early College Credit Program and Changes to PI 40 as a result of 2017 Wisconsin Act 59
EmR1824
Expires: March 11, 2019
Board of Nursing (N)
ch. N 8
Advance practice nurse prescribers collaboration with dentists
EmR1823
Expires: March 30, 2019
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
ch. FD 3
ch. FD 4
ch. FD 6
Funeral director apprenticeships
EmR1822
Expires: February 19, 2019
Department of Safety and Professional Services (SPS)
Chs. SPS 131-139; Home Inspection
ch. SPS 131
Written reports of home inspectors
EmR1821
Expires: February 9, 2019
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
EmR1820
Expires: February 27, 2019. Sections 1 to 4 Suspended October 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 16
Deer carcass transportation, deer farm fencing, and chronic wasting disease and affecting small business
EmR1819
Expires: February 27, 2019
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
EmR1818
Expires: January 24, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2018 migratory bird season framework and regulations in Ch. NR 10 Wis. Admin. Code
EmR1817
Expires: February 27, 2019
First Extension
Department of Public Instruction (PI)
ch. PI 34
Changes to lifetime licenses as a result of 2017 Wisconsin Act 206
EmR1816
Expires: July 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
EmR1815
Expires: January 26, 2019
First Extension
Department of Public Instruction (PI)
ch. PI 49
Changes to rules governing the special needs scholarship program as a result of 2017 Wisconsin Acts 36 and 59 and other changes
EmR1814
Expires: January 26, 2019
First Extension
Department of Public Instruction (PI)
ch. PI 36
Restoring part time open enrollment rules
EmR1813
Expires: March 17, 2019
Second Extension
Department of Public Instruction (PI)
ch. PI 15
Changes to PI 15 as a result of 2017 Wisconsin Act 59
EmR1812
Expires: May 1, 2019
Board of Nursing (N)
ch. N 2
ch. N 9
Nurse licensure compact
EmR1808
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Industrial hemp and affecting small businesses
EmR1807
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP22
Industrial hemp, and affecting small businesses
EmR1803
Expires: January 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors
EmR1215
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The coyote hunting season.
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2019 migratory bird season framework and regulations in Ch. NR 10

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Office of the Commissioner of Insurance (Ins)
ch. Ins 4
The Wisconsin Insurance Plan (“WIP")
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 4
Predetermination of conviction record prior to submitting a full application for licensure

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 36
Changes to alternative application procedures
Office of the Commissioner of Insurance (Ins)
ch. Ins 4
The Wisconsin Insurance Plan (“WIP")
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 4
Predetermination of conviction record prior to submitting a full application for licensure

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 1
Authority
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 3
Architect registration
Department of Public Instruction (PI)
ch. PI 38
Technical changes to rules governing grants for tribal language revitalization as a result of 2017 Wisconsin Act 59
Department of Public Instruction (PI)
ch. PI 15
ch. PI 15 Appendix A
Changes to PI 15 as a result of 2017 Wisconsin Act 59
Department of Public Instruction (PI)
ch. PI 36
Restoring part time open enrollment rules
Department of Public Instruction (PI)
ch. PI 34
Changes to lifetime licenses as a result of 2017 Wisconsin Act 206
Department of Justice (Jus)
ch. Jus 19
Standards and procedures for frequent sobriety testing pilot program

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 13
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 25
Taking catfish and rough fish by hand or with a bow and arrow or crossbow
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 4
Predetermination of conviction record prior to submitting a full application for licensure
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
Chs. DWD 290-294; Public Works Construction Contracts
ch. DWD 293
Adjustment of thresholds for payment and performance bond requirements

Public Notices

Document
Agency
Related to
Department of Public Instruction (PI)
Chapter PI 36, regarding alternative application procedures
Department of Public Instruction (PI)
Chapter PI 36, regarding alternative application procedures
Department of Workforce Development (DWD)
Unemployment insurance contribution liability decision by the Labor and Industry Review Commission

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 10
ch. A-E 11
ch. A-E 12
ch. A-E 13
Continuing education random audits

Table of Administrative Code Provisions Revised in this Register

Instructions For Inserting and Removing Administrative Code Chapters

Administrative Code Chapters Inserted By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Inserted
Continuing Education For Professional Land Surveyors
Inserted
Continuing Education For Landscape Architects
Inserted
Continuing Education For Architects
Inserted
Continuing Education For Professional Engineers
Inserted
Meat And Poultry Products
Inserted
Child Labor
Inserted
Licensure
Inserted
Standards Of Practice For Registered Nurses And Licensed Practical Nurses
Inserted
Game And Hunting
Inserted
Chippewa Treaty Rights Participants
Inserted
Nonferrous Metallic Mineral Mining Wastes
Inserted
One Time Disposal Landfills, Small Size Construction And Demolition Waste Landfills, And Intermediate Size Construction And Demolition Waste Landfills
Inserted
Landfill Location, Performance, Design And Construction Criteria
Inserted
Solid Waste Management Fees And Financial Responsibility Requirements
Inserted
Standards For Owners And Operators Of Hazardous Waste Facilities Operating Under A Standardized License
Inserted
Cost Reimbursement For Municipal Landfill Monitoring
Inserted
Safe Drinking Water
Inserted
Special Education Aid
Inserted
Youth Options Program
Inserted
Racine And Wisconsin Parental Choice Programs
Inserted
Service Rules For Electrical Utilities
Inserted
Gas Safety
Inserted
Universal Service Support Funding And Programs
Inserted
Conduct And Ethical Practices For Real Estate Licensees
Inserted
Education
Inserted
Barbers
Inserted
Smoke Detectors And Carbon Monoxide Detectors
Inserted
Approval Of Schools
Inserted
Sales And Use Tax
Inserted
Rustic Roads
Inserted
Accident Reporting And Safety Responsibility
Inserted
Operator's Licenses And Identification Cards
Inserted
Motor Vehicle Dealer Financial Eligibility And Bond Claim Requirements
Inserted
Automated Processing Partnership System Program
Inserted
Rental Companies
Inserted
Local High-Cost Bridge Projects
Inserted
Construction Site Erosion Control And Storm Water Management Procedures For Department Actions

Administrative Code Chapters Removed By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Removed
Continuing Education For Professional Land Surveyors
Removed
Continuing Education For Landscape Architects
Removed
Continuing Education For Architects
Removed
Continuing Education For Professional Engineers
Removed
Meat And Poultry Products
Removed
Child Labor
Removed
Licensure
Removed
Standards Of Practice For Registered Nurses And Licensed Practical Nurses
Removed
Game And Hunting
Removed
Chippewa Treaty Rights Participants
Removed
Nonferrous Metallic Mineral Mining Wastes
Removed
One Time Disposal Landfills, Small Size Construction And Demolition Waste Landfills, And Intermediate Size Construction And Demolition Waste Landfills
Removed
Landfill Location, Performance, Design And Construction Criteria
Removed
Solid Waste Management Fees And Financial Responsibility Requirements
Removed
Standards For Owners And Operators Of Hazardous Waste Facilities Operating Under A Standardized License
Removed
Cost Reimbursement For Municipal Landfill Monitoring
Removed
Safe Drinking Water
Removed
Special Education Aid
Removed
Youth Options Program
Removed
Racine And Wisconsin Parental Choice Programs
Removed
Service Rules For Electrical Utilities
Removed
Gas Safety
Removed
Universal Service Support Funding And Programs
Removed
Conduct And Ethical Practices For Real Estate Licensees
Removed
Education
Removed
Barbers
Removed
Smoke Detectors And Carbon Monoxide Detectors
Removed
Approval Of Schools
Removed
Sales And Use Tax
Removed
Rustic Roads
Removed
Accident Reporting And Safety Responsibility
Removed
Operator's Licenses And Identification Cards
Removed
Motor Vehicle Dealer Financial Eligibility And Bond Claim Requirements
Removed
Automated Processing Partnership System Program
Removed
Rental Companies
Removed
Local High-Cost Bridge Projects
Removed
Construction Site Erosion Control And Storm Water Management Procedures For Department Actions

Contact the Register Editors: (608) 504-5824. Email Jill.Kauffman@legis.wisconsin.gov or Michael.Duchek@legis.wisconsin.gov

 
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.