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Wisconsin Administrative Register No. 774B

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

Publication Date: June 29, 2020
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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
EmR2018
Expires: November 25, 2020
First Appearance
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021
EmR2017
Expires: June 25, 2021
First Appearance
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2016
Expires: In effect until the expiration of the pilot program pursuant to Section 7605 (b) of the Agricultural Improvement Act of 2018, or the date on which emergency rules implementing an USDA-approved state plan, promulgated pursuant to 2019 Act 68, section 38, take effect, whichever is sooner.
First Appearance
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
EmR2015
Expires: November 19, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 314
ch. SPS 316
Inspections
EmR2014
Expires: November 8, 2020
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
EmR2012
Expires: November 1, 2020
Department of Veterans Affairs (VA)
ch. VA 2
The assistance to needy veterans grant program
EmR2011
Expires: November 1, 2020
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 113
Waiving interest in limited circumstances for employers subject to reimbursement financing when reimbursements are delinquent due to COVID-19
EmR2010
Expires: November 1, 2020
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2019 Wisconsin Act 44
EmR2009
Expires: October 15, 2020
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 52
ch. DCF 54
ch. DCF 56
ch. DCF 57
ch. DCF 59
ch. DCF 152
ch. DCF 202
DCF rule suspensions and modifications related to COVID-19
EmR2008
Expires: October 16, 2020
Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
ch. DWD 270
An exception for child labor permits related to a public health emergency
EmR2007
Expires: October 8, 2020
Department of Administration-Division of Personnel Management (ER)
ch. ER 10
ch. ER 18
Limited term employment and absence provisions.
EmR2006
Expires: October 5, 2020
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search actions, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2005
Expires: October 5, 2020
Department of Financial Institutions (DFI)
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
ch. DFI-CCS 25
Notaries public and notarial acts
EmR2004
Expires: September 27, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2003
Expires: October 1, 2020
Department of Public Instruction (PI)
ch. PI 17
Expanding virtual summer and interim session courses
EmR2002
Expires: September 21, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 134
Residential rental practices
EmR2001
Expires: July 23, 2020
Department of Workforce Development (DWD)
ch. DWD 802
Technical education equipment grants under the Wisconsin Fast Forward Program
EmR1923
Expires: July 26, 2020
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
EmR1922
Expires: July 28, 2020
Second Extension
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 50
Youth crisis stabilization facility
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
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
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
SS 085-20
Department of Military Affairs (DMA)
ch. DMA 2
Competitive grant program for public safety answering point equipment
SS 086-20
Optometry Examining Board (Opt)
ch. Opt 3
Reciprocal credentials for service members, former service members, and their spouses

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 021-19 Notice of hearing.
Radiography Examining Board (RAD)
ch. RAD 7
Requirements for license and permit renewal and reinstatement

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-020
Department of Transportation (Trans)
ch. Trans 313
Breath alcohol ignition interlock devices
CR 20-021
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 30-49; Private Detectives
ch. SPS 30
ch. SPS 33
ch. SPS 34
ch. SPS 35
Electric weapons

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-019
Ethics Commission (ETH)
ch. ETH 26
Ethics Commission settlement schedule
CR 20-021
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 30-49; Private Detectives
ch. SPS 30
ch. SPS 31
ch. SPS 32
ch. SPS 33
ch. SPS 34
ch. SPS 35
Electric weapons
EmR2004
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2014
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-002
Office of the Commissioner of Insurance (Ins)
ch. Ins 2
ch. Ins 6
The repeal of restrictions related to the allocation of dividends to participating life insurance policies issued by a stock company, rating practices for exceeding filed rate for substandard risks, and revisions to the definition of Investment Terms, limitations on the investments of Town Mutual Insurers, and the permissible scope of foreign investments

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
EmR2017
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2018
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021

Public Notices

Document
Agency
Related to
Public Notice : Annual Adjustment to Medical Records Fees
Department of Health Services (DHS)
Amount specified under Wis. Stat. s. 146.83 (3f) (b) that a health care provider may charge for providing copies of a patient’s health care records
Public Notice: Affirmative Action Order re. Approved Cannabidiol Drugs
Controlled Substances Board (CSB)
Exclusion of approved cannabidiol drugs from schedule I of the federal Controlled Substances Act
Public Notice: Affirmative Action Order re. Norfentanyl
Controlled Substances Board (CSB)
Placing norfentanyl into schedule II of the federal Controlled Substances Act

Guidance Documents

Agency
Department of Health Services (DHS)
Department of Natural Resources (NR)
Department of Public Instruction (PI)
Department of Revenue (Tax)
Department of Transportation (Trans)
Department of Workforce Development (DWD)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-095
Effective: July 1, 2020
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 110
ch. NR 146
ch. NR 507
ch. NR 738
ch. NR 812
ch. NR 812 Appendix
ch. NR 820
ch. NR 845
Well construction and pump installation
CR 19-010
Effective: July 1, 2020
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA and 5F-CUMYL-P7AICA
CR 19-011
Effective: July 1, 2020
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of N-Ethylpentylone
CR 19-012
Effective: July 1, 2020
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of FDA approved cannabidiol drugs
CR 19-018
Effective: July 1, 2020
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 40
Mental health day treatment services for children
CR 19-075
Effective: July 1, 2020
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 4
Professional engineer registration
CR 19-099
Effective: July 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
ch. SPS 302
Fee schedule for commercial electrical inspections
CR 19-112
Effective: July 1, 2020
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
CR 19-123
Effective: July 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Eliminating night hunting restrictions for raccoons
CR 19-124
Effective: July 1, 2020
Department of Corrections (DOC)
ch. DOC 373
ch. DOC 393
ch. DOC 396
Inclusive terminology
CR 19-133
Effective: July 1, 2020 and March 1, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Black bear management
CR 19-135
Effective: July 1, 2020
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 124
Hospitals
CR 19-140
Effective: July 1, 2020
Board of Nursing (N)
ch. N 2
Licensure
CR 19-146
Effective: July 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 12
ch. NR 16
ch. NR 17
ch. NR 19
2019 Bureau of Wildlife Management housekeping rule
CR 19-160
Effective: July 1, 2020
Accounting Examining Board (Accy)
ch. Accy 2
Examinations
CR 20-001
Effective: July 1, 2020
Department of Public Instruction (PI)
ch. PI 34
Expanding the assessment of edagogical knowledge in educator preparation programs
CR 20-004
Effective: July 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 400- ; Educational Approval
ch. SPS 401
ch. SPS 404
ch. SPS 407
ch. SPS 411
Educational approval program
CR 20-005
Effective: July 1, 2020
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2019 Wisconsin Act 44

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Instructions For Inserting and Removing Administrative Code Chapters

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
TOC
Department of Health Services (DHS), Chs. DHS 30-100; Community Services TOC
TOC
Department of Natural Resources (NR), Chs. NR 800- ; Environmental Protection – Water Supply TOC
Inserted
A-E 4
Professional Engineer Registration
Inserted
Accy 2
Individual Certification And Licensure
Inserted
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
DHS 40
Mental Health Day Treatment Services For Children
Inserted
DHS 124
Hospitals
Inserted
DOC 373
Youth Conduct In Type 1 Secured Correctional Facilities
Inserted
DOC 393
Youth Aftercare Conduct And Revocation
Inserted
DOC 396
Type 2 Secured Correctional Facilities
Inserted
DWD 802
Technical Education Equipment Grants
Inserted
N 2
Licensure
Inserted
NR 8
License And Permit Procedures
Inserted
NR 10
Game And Hunting
Inserted
NR 12
Wildlife Damage And Nuisance Control
Inserted
NR 16
Captive Wildlife
Inserted
NR 17
Dog Trials And Training
Inserted
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Inserted
NR 110
Sewerage Systems
Inserted
NR 146
Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator License
Inserted
NR 507
Environmental Monitoring For Landfills
Inserted
NR 738
Temporary Emergency Water Supplies
Inserted
NR 812
Inserted
NR 812 Appendix
Appendix
Inserted
NR 820
Groundwater Quantity Protection
Inserted
NR 845
County Administration Of Ch. NR 812, Private Well Code
Inserted
PI 34
Educator Licenses
Inserted
SPS 302
Fee Schedule
Inserted
SPS 401
Definitions
Inserted
SPS 404
Approval Of Schools
Inserted
SPS 407
Records
Inserted
SPS 411
Distance Learning
Inserted
Tax 11
Sales And Use Tax

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
A-E 4
Professional Engineer Registration
Removed
Accy 2
Individual Certification And Licensure
Removed
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
DHS 40
Mental Health Day Treatment Services For Children
Removed
DHS 124
Hospitals
Removed
DOC 373
Youth Conduct In Type 1 Secured Correctional Facilities
Removed
DOC 393
Youth Aftercare Conduct And Revocation
Removed
DOC 396
Type 2 Secured Correctional Facilities
Removed
DWD 802
Technical Education Equipment Grants
Removed
N 2
Licensure
Removed
NR 8
License And Permit Procedures
Removed
NR 10
Game And Hunting
Removed
NR 12
Wildlife Damage And Nuisance Control
Removed
NR 16
Captive Wildlife
Removed
NR 17
Dog Trials And Training
Removed
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Removed
NR 110
Sewerage Systems
Removed
NR 146
Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator License
Removed
NR 507
Environmental Monitoring For Landfills
Removed
NR 738
Temporary Emergency Water Supplies
Removed
NR 812
Well Construction And Pump Installation
Removed
NR 820
Groundwater Quantity Protection
Removed
NR 845
County Administration Of Ch. NR 812, Private Well Code
Removed
PI 34
Educator Licenses
Removed
SPS 302
Fee Schedule
Removed
SPS 401
Definitions
Removed
SPS 404
Approval Of Schools
Removed
SPS 407
Records
Removed
SPS 411
Distance Learning
Removed
Tax 11
Sales And Use Tax

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@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.