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

Wisconsin Administrative Register No. 761B

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

Publication Date: May 28, 2019
Subscribe to receive email notification of changes to Administrative Code chapters or of selected notices published in the Administrative Register.

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
EmR1909
Expires: September 11, 2019
Department of Public Instruction (PI)
ch. PI 34
Cleanup revisions to educator license rules
EmR1908
Expires: August 21, 2019
Department of Public Instruction (PI)
ch. PI 34
Educator licenses for military spouses
EmR1907
Expires: August 14, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior Fishery and affecting small business
EmR1906
Expires: August 8, 2019
Optometry Examining Board (Opt)
ch. Opt 3
ch. Opt 4
ch. Opt 7
The examination on the treatment and management of ocular disease
EmR1905
Expires: July 4, 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
EmR1904
Expires: June 16, 2019
Department of Workforce Development (DWD)
Chs. DWD 295-296; Apprenticeship
ch. DWD 295
ch. DWD 296
Apprenticeship program; equal employment opportunity
EmR1903
Expires: June 17, 2019
Department of Public Instruction (PI)
ch. PI 31
Aid for School Mental Health Programs
EmR1902
Expires: June 16, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Wildlife harvest management regulations
EmR1901
Expires: January 6, 2021
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers
EmR1835
Expires: July 18, 2019
First Extension
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty
EmR1833
Expires: July 18, 2019
First Extension
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: July 11, 2019
First Extension
Department of Public Instruction (PI)
ch. PI 36
Changes to alternative application procedures
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1830
Expires: August 4, 2019
Second Extension
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
EmR1828
Expires: July 29, 2019
Second Extension
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
EmR1826
Expires: July 21, 2019
Second Extension
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
EmR1824
Expires: July 9, 2019
Second Extension
Board of Nursing (N)
ch. N 8
Advance practice nurse prescribers collaboration with dentists
EmR1823
Expires: July 28, 2019
Second Extension
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: June 19, 2019
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 131-139; Home Inspection
ch. SPS 131
Written reports of home inspectors
EmR1821
Expires: June 9, 2019
Second Extension
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
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
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.

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Public Service Commission (PSC)
ch. PSC 160
Revisions to Wis. Admin. Code ch. PSC 160
Public Service Commission (PSC)
ch. PSC 118
Proposed revisions to ch. PSC 118, Renewable Resource Credit Tracking Program
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers for children and youth
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 408
ch. NR 438
Incorporation of the 2015 national ambient air quality standards for ozone
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 11
ch. NR 12
ch. NR 16
ch. NR 17
ch. NR 19
ch. NR 45
Updates to wildlife management code under the 2019 Bureau of Wildlife Management
Department of Transportation (Trans)
ch. Trans 102
Issuance of commerical drivers licenses to temporary workers from foreign countries

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 93
Flammable, combustible and hazardous liquids
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 80-99; Residential and General Appraisers
ch. SPS 85
ch. SPS 86
ch. SPS 87
Real estate appraisers

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 178
Unified carrier registration system
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of FUB-AMB
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of ortho-fluorofentanyl
Controlled Substances Board (CSB)
ch. CSB 2
Exclusion of naldemedine from scheduling
Board of Nursing (N)
ch. N 2
ch. N 9
Nurse licensure compact
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of oral solutions containing dronabinol
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 422
Regulating volatile organic compound emissions from lithographic printing facilities
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of MT-45
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of Para-chloroisobutyryl fentanyl
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
ch. FD 3
ch. FD 4
ch. FD 6
Funeral director apprenticeships

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
Public Service Commission (PSC)
ch. PSC 136
ch. PSC 173
The non-essential uses of natural gas and the Wireless 911 Fund

Executive Orders

Document
Related to
Proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff on Memorial Day
Proclamation that the flag of the United Stats and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for Major General Raymond A. Matera

Public Notices

Document
Agency
Related to
Department of Safety and Professional Services (SPS)
EmR1834 expiration date
Department of Health Services (DHS)
Request for public comments on the economic impact of draft proposed rules, DHS 131, relating to hospices

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-028
Effective: June 1, 2019
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 1
Authority of the rules committee
CR 18-029
Effective: June 1, 2019
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 3
Architectural experience
CR 18-033
Effective: June 1, 2019
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 100
ch. DWD 101
ch. DWD 102
ch. DWD 103
ch. DWD 110
ch. DWD 111
ch. DWD 113
ch. DWD 114
ch. DWD 115
ch. DWD 120
ch. DWD 127
ch. DWD 128
ch. DWD 129
ch. DWD 130
ch. DWD 131
ch. DWD 132
ch. DWD 133
ch. DWD 135
ch. DWD 136
ch. DWD 140
ch. DWD 142
ch. DWD 147
ch. DWD 149
ch. DWD 150
Non-substantive or minor technical changes to various DWD rule chapters
CR 18-076
Effective: June 1, 2019
Department of Safety and Professional Services (SPS)
Chs. SPS 131-139; Home Inspection
ch. SPS 131
Written reports of home inspectors
CR 18-077
Effective: June 1, 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
CR 18-084
Effective: June 1, 2019
Department of Public Instruction (PI)
ch. PI 31
Aid for School Mental Health Programs
CR 18-096
Effective: June 1, 2019
Department of Public Instruction (PI)
ch. PI 36
Changes to alternative application procedures

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2019 Wisconsin Act 1
Effective: May 2, 2019
Department of Children and Families (DCF)
Department of Health Services (DHS)
Department of Workforce Development (DWD)
Public Service Commission (PSC)
Chs. DCF 021-99; Safety and Permanence
Chs. DHS 1-19; Management and Technology and Strategic Finance
Chs. DHS 30-100; Community Services
Chs. DHS 101-109; Medical Assistance
Chs. DWD 270-279; Labor Standards
ch. DCF 52
ch. DHS 10
ch. DHS 15
ch. DHS 61
ch. DHS 63
ch. DHS 73
ch. DHS 101
ch. DHS 105
ch. DHS 107
ch. DHS 122
ch. DHS 129
ch. DHS 132
ch. DHS 134
ch. DWD 272
ch. PSC 113
ch. PSC 134
ch. PSC 185
Terminology changes for those with an intellectual disability in administrative rules

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
Authority
Inserted
Architect Registration
Inserted
Residential Care Centers For Children And Youth
Inserted
Family Care
Inserted
Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities
Inserted
Community Mental Health And Developmental Disabilities
Inserted
Community Support Programs For Chronically Mentally Ill Persons
Inserted
Selected Fiscal Management Procedures And Standards Under The Community Options Program And Medical Assistance Home And Community-Based Services Waiver
Inserted
Introduction And Definitions
Inserted
Provider Certification
Inserted
Covered Services
Inserted
Long-Term Care Facility Bed Additions And Capital Expenditures Review
Inserted
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
Nursing Homes
Inserted
Facilities Serving People With Developmental Disabilities
Inserted
Definitions
Inserted
Wages For Contribution and Benefit Purposes
Inserted
Contribution Rates
Inserted
Excluded Employments
Inserted
Coverage And Related Records And Reports
Inserted
Quarterly Wage Reporting Procedures
Inserted
Settlement Of Disputes And Compromise Of Liabilities
Inserted
License Revocation and Financial Record Matching Program
Inserted
Business Transfers
Inserted
Notices As To Benefits
Inserted
Work Search and Reemployment Services
Inserted
Ability To Work And Availability For Work
Inserted
Benefit Claiming Procedures
Inserted
Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment
Inserted
Determining Eligibility For Benefits
Inserted
Temporary Help Employers
Inserted
Waiver Of Recovery Of Tra And Other Taa Overpayments
Inserted
Wages Exempt From Levy
Inserted
Unemployment Insurance Appeals
Inserted
State Directory Of New Hires
Inserted
Seasonal Agricultural Employers
Inserted
Disclosure Of Unemployment Insurance Records
Inserted
Miscellaneous
Inserted
Minimum Wages
Inserted
Aid For School Mental Health Programs
Inserted
Public School Inter-District Open Enrollment
Inserted
Youth Options Program
Inserted
Service Rules For Electrical Utilities
Inserted
Standards For Gas Service
Inserted
Standards For Water Public Utility Service
Inserted
Compounding Pharmaceuticals
Inserted
Home Inspectors
Inserted
Manufactured Home Communities

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
Authority
Removed
Architect Registration
Removed
Residential Care Centers For Children And Youth
Removed
Family Care
Removed
Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For The Mentally Retarded
Removed
Community Mental Health And Developmental Disabilities
Removed
Community Support Programs For Chronically Mentally Ill Persons
Removed
Selected Fiscal Management Procedures And Standards Under The Community Options Program And Medical Assistance Home And Community-Based Services Waiver
Removed
Introduction And Definitions
Removed
Provider Certification
Removed
Covered Services
Removed
Long-Term Care Facility Bed Additions And Capital Expenditures Review
Removed
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
Nursing Homes
Removed
Facilities Serving People With Developmental Disabilities
Removed
Definitions
Removed
Wages For Contribution Purposes
Removed
Contribution Rates
Removed
Excluded Employments
Removed
Coverage And Related Records And Reports
Removed
Quarterly Wage Reporting Procedures
Removed
Settlement Of Disputes And Compromise Of Liabilities
Removed
License Revocation and Financial Record Matching Program
Removed
Business Transfers
Removed
Notices As To Benefits
Removed
Work Search and Reemployment Services
Removed
Ability To Work And Availability For Work
Removed
Benefit Claiming Procedures
Removed
Wages For Benefit Purposes
Removed
Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment
Removed
Determining Eligibility For Benefits
Removed
Temporary Help Employers
Removed
Waiver Of Recovery Of Tra And Other Taa Overpayments
Removed
Wages Exempt From Levy
Removed
Unemployment Insurance Appeals
Removed
State Directory Of New Hires
Removed
Seasonal Agricultural Employers
Removed
Disclosure Of Unemployment Insurance Records
Removed
Miscellaneous
Removed
Minimum Wages
Removed
Public School Inter-District Open Enrollment
Removed
Youth Options Program
Removed
Service Rules For Electrical Utilities
Removed
Standards For Gas Service
Removed
Standards For Water Public Utility Service
Removed
Compounding Pharmaceuticals
Removed
Home Inspectors
Removed
Manufactured Home Communities

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.