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

Wisconsin Administrative Register No. 789B

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

Publication Date: September 27, 2021
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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
EmR2125
Pending: Effective October 3, 2021
First Appearance
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19
EmR2124
Pending: Effective September 29, 2021
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 61
Qualified residential treatment programs
EmR2123
Expires: January 17, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
EmR2122
Expires: January 16, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations
EmR2121
Expires: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2120
Expires: December 19, 2021
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
EmR2119
Expires: December 19, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan (Ch. NR 20)
EmR2118
Expires: November 25, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2022
EmR2117
Expires: November 8, 2021
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue
EmR2116
Expires: November 1, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2115
Expires: October 30, 2021
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: October 17, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2113
Expires: October 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
EmR2112
Expires: October 2, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 123
Benefit charges for initial claims related to the public health emergency declared by Executive Order 72
EmR2111
Expires: The date on which rules promulgated pursuant to s. 94.55 (3w), Stats., take effect.
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
EmR2110
Expires: October 23, 2021
First Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: October 14, 2021
First Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2104
Expires: October 19, 2021
Second 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
EmR2047
Expires: September 27, 2021
Second Extension
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2045
Expires: February 7, 2023, or the date on which permanent rules take effect, whichever is sooner
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
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.

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 50
Soil and water resource management program

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 400
ch. NR 438
ch. NR 484
The incorporation of a PM2.5 emissions reporting requirement, alignment of state and federal emissions reporting terminology, updates to reflect current emissions reporting procedure, and affecting small business
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
Pharmacy Examining Board (Phar)
ch. Phar 5
ch. Phar 6
ch. Phar 7
ch. Phar 11
ch. Phar 12
Name and address change, floor design, procedures for disciplinary proceedings, superseded references, and technical correction
Department of Military Affairs (DMA)
ch. DMA 2
Establishment of eligibility criteria and appropriate purposes for awarding competitive grants to local public safety answering points for Next Generation 911

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 400
ch. NR 438
ch. NR 484
The incorporation of a PM2.5 emissions reporting requirement, alignment of state and federal emissions reporting terminology, updates to reflect current emissions reporting procedure, and affecting small business
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation; Mining Damage Claims
Chs. DWD 270-279; Labor Standards
ch. DWD 80
ch. DWD 272
ch. DWD 277
Replacing derogatory or offensive terminology with current, inclusive terminology

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19

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 Navy fireman first class Kenneth E. Doernenburg of the United States Navy who lost his life on the battleship USS Oklahoma during the attack on Pearl Harbor

Public Notices

Document
Agency
Related to
Controlled Substances Board (CSB)
Placing 4,4’-dimethylaminorex into schedule I of the federal Controlled Substances Act
Department of Children and Families (DCF)
Technical corrections to Wisconsin Works rules
Department of Children and Families (DCF)
Asset restrictions for Wisconsin works and emergency assistance
Department of Natural Resources (NR)
Aquatic plant management, manual removal and mechanical control regulations, aquatic habitat protection, and surface water grants

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-136
Effective: October 1, 2021
Department of Justice (Jus)
ch. Jus 11
Administration of the crime victim compensation program
CR 20-011
Effective: October 1, 2021
Department of Veterans Affairs (VA)
ch. VA 1
General updates
CR 20-020
Effective: October 1, 2021
Department of Transportation (Trans)
ch. Trans 313
Breath alcohol ignition interlock devices and the state ignition interlock program; and affecting small business
CR 20-028
Effective: October 1, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensing, certification, and training requirements
CR 20-034
Effective: October 1, 2021
Cemetery Board (CB)
ch. CB 1
Applications for cemetery salesperson and preneed seller credentials
CR 20-038
Effective: October 1, 2021
Department of Natural Resources (NR)
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 756
ch. NR 758
Implementation of 2015 Wisconsin Act 204 and affecting small business
CR 20-046
Effective: October 1, 2021
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 113
ch. NR 114
Clarifying and streamlining certain regulatory requirements for septage servicing and affecting small business
CR 20-084
Effective: October 1, 2021
Chiropractic Examining Board (Chir)
ch. Chir 10
Courses of study for and delegation to chiropractic technicians and chiropractic radiological technicians
CR 21-008
Effective: October 1, 2021
Department of Public Instruction (PI)
ch. PI 17
Expanding virtual summer and interim session courses
CR 21-010
Effective: October 1, 2021
Department of Public Instruction (PI)
ch. PI 19
ch. PI 34
ch. PI 40
Biennial cleanup of DPI administrative rules
CR 21-012
Effective: October 1, 2021
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
CR 21-015
Effective: October 1, 2021
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
CR 21-031
Effective: October 1, 2021
Department of Public Instruction (PI)
ch. PI 5
Age waivers for general educational development tests
CR 21-040
Effective: October 1, 2022
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 163
ch. ATCP 164
ch. ATCP 165
ch. ATCP 166
Dairy manufacturing facility investment credit, meat processing facility investment credit, food processing plant and food warehouse investment credit, and woody biomass harvesting and processing credit

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
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Delegation To Chiropractic Technicians And Chiropractic Radiological Technicians
Inserted
Qualified Residential Treatment Programs
Inserted
Child Care Certification
Inserted
Family Child Care Centers
Inserted
Emergency Medical Services Licensing, Certification, And Training Requirements
Inserted
Trauma Care
Inserted
Appendix A
Inserted
Awards For Victims Of Crime
Inserted
Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms
Inserted
Certification Requirements For Waterworks, Wastewater Treatment Plant, Septage Servicing And Water System Operators
Inserted
Financial Responsibility At Contaminated Sediment Sites With Engineering Controls
Inserted
Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program
Inserted
High School Equivalency Diplomas And Certificates Of General Educational Development
Inserted
Summer And Interim Session Classes
Inserted
Education For School Age Parents
Inserted
Educator Licenses
Inserted
Early College Credit Program
Inserted
Requirements For Renewal and Continuing Education
Inserted
Breath Alcohol Ignition Interlock Devices
Inserted
Student Nonacademic Disciplinary Procedures
Inserted
General Provisions
Inserted
Veterans Assistance Grants

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
Dairy Manufacturing Facility Investment Credit
Removed
Meat Processing Facility Investment Credit
Removed
Food Processing Plant And Food Warehouse Investment Credit
Removed
Woody Biomass Harvesting And Processing Credit
Removed
Authority And Applications For Licensure
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Delegation To Chiropractic Technicians And Chiropractic Radiological Technicians
Removed
Child Care Certification
Removed
Family Child Care Centers
Removed
Emergency Medical Services Licensing, Certification, And Training Requirements
Removed
Trauma Care
Removed
Appendix A
Removed
Awards For Victims Of Crime
Removed
Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms
Removed
Certification Requirements For Waterworks, Wastewater Treatment Plant, Septage Servicing And Water System Operators
Removed
Removed
Removed
High School Equivalency Diplomas And Certificates Of General Educational Development
Removed
Summer And Interim Session Classes
Removed
Education For School Age Parents
Removed
Educator Licenses
Removed
Early College Credit Program
Removed
Requirements For Renewal and Continuing Education
Removed
Breath Alcohol Ignition Interlock Devices
Removed
Student Nonacademic Disciplinary Procedures
Removed
General
Removed
Grants; Needy Veterans, Veterans Tuition Reimbursement And Retraining; Nonprofit Organizations

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.