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

Wisconsin Administrative Register No. 790B

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

Publication Date: October 25, 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
EmR2126
Expires: March 15, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2125
Expires: March 1, 2022, except Sections 1 and 2 expire on April 24, 2022
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
Expires: July 1, 2023, or the date on which the permanent rules take effect, whichever is sooner.
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: December 16, 2021
First Extension
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: December 1, 2021
First Extension
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
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: December 22, 2021
Second Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: December 13, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
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 Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 102
ch. NR 105
ch. NR 106
ch. NR 219
Surface water quality criteria and analytical methods for poly- and perfluoroalkyl substances (PFAS) including PFOS, PFOA, and any other PFAS for the purpose of protecting public health, and the procedures in the Wisconsin Pollutant Discharge Elimination System (“WPDES”) permitting program to implement the new water quality criteria
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 3
ch. Tax 4
ch. Tax 7
ch. Tax 8
ch. Tax 9
ch. Tax 14
Income, franchise, and excise tax
Dentistry Examining Board (DE)
ch. DE 11
Permits to administer anesthesia

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 102
ch. NR 105
ch. NR 106
ch. NR 219
Surface water quality criteria and analytical methods for poly- and perfluoroalkyl substances (PFAS) including PFOS, PFOA, and any other PFAS for the purpose of protecting public health, and the procedures in the Wisconsin Pollutant Discharge Elimination System (“WPDES”) permitting program to implement the new water quality criteria
Dentistry Examining Board (DE)
ch. DE 11
Permits to administer anesthesia
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses
Real Estate Examining Board (REEB)
ch. REEB 12
Reciprocal credentials for service members, former service members and their spouses

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 3
Continuing podiatric medical education
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 9
Physician assistants
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 and mining and nonferrous mining waste management
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
The 2021 spring hearing rule relating to fishing regulations on inland, outlying and boundary waters; Chs. NR 19-26

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
Psychology Examining Board (Psy)
ch. Psy 2
ch. Psy 3
ch. Psy 4
Private practice school psychologist license, requirements for reciprocal candidates, and ABPP Diploma exemption

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters

Public Notices

Document
Agency
Related to
Accounting Examining Board (Accy)
The CPA examination completion deadline
Department of Health Services (DHS)
Reimbursement adjustment to Non-Emergency Medical Transportation (NEMT) as a result of a new contract to provide NEMT services for Wisconsin Medicaid and BadgerCare Plus members
Department of Natural Resources (NR)
Amending the list of date-regulated wild rice harvesting waters in s. NR 19.09 (4)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-016
Effective: November 1, 2021
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
Wisconsin works time limits and extensions
CR 19-071
Effective: November 1, 2021
Public Service Commission (PSC)
ch. PSC 136
ch. PSC 173
The non-essential uses of natural gas and the Wireless 911 Fund
CR 20-012
Effective: November 1, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 101
ch. DHS 105
ch. DHS 107
Use of complex rehabilitation technology
CR 20-030
Effective: November 1, 2021
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers for children and youth
CR 20-031
Effective: November 1, 2021
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
CR 20-033
Effective: November 1, 2021
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 134
Residential rental practices
CR 20-039
Effective: November 1, 2021
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
Chs. DHS 101-109; Medical Assistance
Chs. DHS 110-199; Health
Chs. DHS 250- ; Economic Support
ch. DHS 90
ch. DHS 103
ch. DHS 104
ch. DHS 105
ch. DHS 106
ch. DHS 107
ch. DHS 109
ch. DHS 152
ch. DHS 250
ch. DHS 251
Division of Medicaid Services biennial review
CR 20-041
Effective: November 1, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Requirements for certification and examination
CR 20-047
Effective: October 1, 2022
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 75
Community substance abuse service standards
CR 20-083
Effective: November 1, 2021
Public Service Commission (PSC)
ch. PSC 118
Allowing an electric provider, or customer or member of an electric provider, to create a renewable resource credit for heat that is a byprolduct of a manufacturing process and is used to provide thermal energy for another purpose
CR 21-024
Effective: November 1, 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 and affecting small business

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
Residential Rental Practices
Inserted
County And District Fairs
Inserted
Individual Certification And Licensure
Inserted
Wisconsin Works
Inserted
Community Substance Abuse Service Standards
Inserted
Early Intervention Services For Children From Birth To Age 3 With Developmental Needs
Inserted
Introduction And Definitions
Inserted
Eligibility
Inserted
Recipient Rights And Duties
Inserted
Provider Certification
Inserted
Provider Rights And Responsibilities
Inserted
Covered Services
Inserted
Senior Care
Inserted
Reimbursement For Treatment Of Chronic Renal Disease
Inserted
Tribal Medical Relief Programs
Inserted
County Relief Programs
Inserted
Secured Residential Care Centers For Children And Youth
Inserted
Worker's Compensation
Inserted
Minimum Wages
Inserted
Private Employment Agents Required To Be Licensed Under ch. 105, Stats.
Inserted
Fishing: Inland Waters; Outlying Waters
Inserted
Commercial Fishing — Outlying Waters
Inserted
Renewable Resource Credit Tracking Program
Inserted
Electric And Gas Conservation
Inserted
911 Emergency Telecommunications Service
Inserted
Income Taxation, Returns, Records And Gross Income

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
Residential Rental Practices
Removed
County And District Fairs
Removed
Individual Certification And Licensure
Removed
Wisconsin Works
Removed
Community Substance Abuse Service Standards
Removed
Early Intervention Services For Children From Birth To Age 3 With Developmental Needs
Removed
Introduction And Definitions
Removed
Eligibility
Removed
Recipient Rights And Duties
Removed
Provider Certification
Removed
Provider Rights And Responsibilities
Removed
Covered Services
Removed
Senior Care
Removed
Reimbursement For Treatment Of Chronic Renal Disease
Removed
Tribal Medical Relief Programs
Removed
County Relief Programs
Removed
Worker's Compensation
Removed
Minimum Wages
Removed
Private Employment Agents Required To Be Licensed Under ch. 105, Stats.
Removed
Fishing: Inland Waters; Outlying Waters
Removed
Commercial Fishing — Outlying Waters
Removed
Renewable Resource Credit Tracking Program
Removed
Electric And Gas Conservation
Removed
911 Emergency Telecommunications Service
Removed
Income Taxation, Returns, Records And Gross Income

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.