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

Wisconsin Administrative Register No. 777B

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

Publication Date: September 28, 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
EmR2033
Expires: January 30, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2032
Expires: February 4, 2021
Department of Natural Resources (NR)
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 700
ch. NR 725
ch. NR 726
ch. NR 727
ch. NR 750
ch. NR 754
ch. NR 756
ch. NR 758
Financial responsibility for engineering controls for contaminated sediment remediation, and insurance and financial responsibility for Voluntary Party Liability Exemption projects with contaminated sediments; Chapters NR 700, 725, 726, 727, 750, 754,756, 758, Wis Adm. Code.
EmR2031
Expires: January 22, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: January 23, 2021
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: January 6, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Certification of programs for training and testing nurse aides and feeding assistants
EmR2028
Expires: January 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2020 migratory bird season framework and regulations
EmR2027
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 11
Addressing allegations of sexual misconduct against faculty, academic staff, and students of the University of Wisconsin System
EmR2025
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
EmR2023
Pending: Effective October 1, 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 305
Continuing education
EmR2022
Expires: January 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Candidates for certification
EmR2021
Expires: December 19, 2020
Dentistry Examining Board (DE)
ch. DE 2
Temporary licenses
EmR2020
Expires: December 4, 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 305
Examinations
EmR2019
Expires: December 3, 2020
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
EmR2018
Expires: November 25, 2020
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021
EmR2017
Expires: June 25, 2021
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.
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: December 31, 2020
First Extension
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
EmR2009
Expires: December 14, 2020
First Extension
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: December 4, 2020
First Extension
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: November 26, 2020
First Extension
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
EmR2001
Expires: November 20, 2020
Second Extension
Department of Workforce Development (DWD)
ch. DWD 802
Technical education equipment grants under the Wisconsin Fast Forward Program
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
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
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 162
Clean Water Fund Program
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 166
Safe Drinking Water Loan Program
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Guide licenses and reporting requirements
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 438
Revisions to ch. NR 438 to clarify and update air contaminant emissions inventory reporting requirements
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 24
ch. NR 25
ch. NR 26
The 2021 spring hearing rule relating to fishing regulations on inland, outlying and boundary waters; Chs. NR 19-26
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Revising white-tailed deer 3-year deer management unit boundaries
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Accounting Examining Board (Accy)
ch. Accy 2
Requirements for certification and examination
Accounting Examining Board (Accy)
ch. Accy 3
Reciprocal credentials for service members, former service members, and their spouses
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 130
ch. NR 131
ch. NR 132
ch. NR 182
Nonferrous metallic mineral exploration, bulk sampling, prospecting, mining and mining waste management – Chapters NR 130, NR 131, NR 132 and NR 182

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax
Accounting Examining Board (Accy)
ch. Accy 2
Requirements for certification and examination
Accounting Examining Board (Accy)
ch. Accy 3
Reciprocal credentials for service members, former service members, and their spouses
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 130
ch. NR 131
ch. NR 132
ch. NR 182
Nonferrous metallic mineral exploration, bulk sampling, prospecting, mining and mining waste management – Chapters NR 130, NR 131, NR 132 and NR 182

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 309
Ambulance inspection

Executive Orders

Document
Related to
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for the late Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court
Declaring a public health emergency
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for the firefighters of Wisconsin who have given their lives in the line of duty

Emergency Orders

Document
Agency
Chapter Groups
Chapters
Related to
Office of the Governor (GOV)
Requiring face coverings

Public Notices

Document
Agency
Related to
Department of Natural Resources (NR)
Minocqua Chain walleye harvest regulations
Department of Public Instruction (PI)
Application for waiver of requirements under the Nita M. Lowey 21st Century Community Learning Centers Program

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-006
Effective: October 1, 2020
Department of Transportation (Trans)
ch. Trans 58
Surveying reference station system (height modernization) user fee
CR 19-015
Effective: October 1, 2020
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 400
ch. NR 406
ch. NR 407
Increasing the operational efficiency for, and simplifying the air permit process
CR 19-141
Effective: October 1, 2020
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 14
Income and franchise tax provisions
CR 19-148
Effective: October 1, 2020
Cemetery Board (CB)
ch. CB 2
Maintenance of burial records
CR 19-149
Effective: October 1, 2020
Cemetery Board (CB)
ch. CB 1
ch. CB 2
ch. CB 4
ch. CB 5
Change of trustee of care funds and preneed trust funds
CR 19-150
Effective: October 1, 2020
Cemetery Board (CB)
ch. CB 6
Mausoleums
CR 19-161
Effective: October 1, 2020
Funeral Directors Examining Board (FD)
ch. FD 6
Burial agreements funded with life insurance
CR 19-162
Effective: October 1, 2020
Funeral Directors Examining Board (FD)
ch. FD 4
Continuing education requirements for funeral directors
CR 19-163
Effective: October 1, 2020
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
Licensure and standards of practice for funeral directors and funeral director apprentices

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 And Applications For Licensure
Inserted
Filing Of Annual Reports And Maintaining Burial Records By Cemetery Authorities And Preneed Sellers
Inserted
Change Of Trustee Of Care Funds And Preneed Trust Funds
Inserted
Approval Of Alternative Care Investment Funds
Inserted
Mausoleums
Inserted
Residential Care Centers For Children And Youth
Inserted
Subsidized Guardianship
Inserted
Licenses And Permits
Inserted
Standards Of Practice
Inserted
Continuing Education Requirements
Inserted
Burial Agreements Funded With Life Insurance
Inserted
Uses And Designated Standards
Inserted
Air Pollution Control Definitions
Inserted
Construction Permits
Inserted
Operation Permits
Inserted
Landspreading Of Solid Waste
Inserted
Inserted
Inserted
General Administration
Inserted
Income Taxation, Returns, Records And Gross Income
Inserted
Homestead Credit
Inserted

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 And Applications For Licensure
Removed
Filing Of Annual Reports And Maintaining Burial Records By Cemetery Authorities And Preneed Sellers
Removed
Change Of Trustee Of Care Funds And Preneed Trust Funds
Removed
Approval Of Alternative Care Investment Funds
Removed
Mausoleums
Removed
Residential Care Centers For Children And Youth
Removed
Subsidized Guardianship
Removed
Licenses And Permits
Removed
Standards Of Practice
Removed
Continuing Education Requirements
Removed
Burial Agreements Funded With Life Insurance
Removed
Uses And Designated Standards
Removed
Air Pollution Control Definitions
Removed
Construction Permits
Removed
Operation Permits
Removed
Landspreading Of Solid Waste
Removed
General Administration
Removed
Income Taxation, Returns, Records And Gross Income
Removed
Homestead Credit

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.