Wisconsin
Administrative
Register
No. 478
Publication Date: October 31, 1995
Effective Date: November 1, 1995
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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T a b l e o f C o n t e n t s
1) NOTICE SECTION.
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Employment Relations Commission:
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Hearings to consider revision to rules relating to fees for complaints, grievance arbitration, mediation, fact-finding interest arbitration and transcripts. (p. 5)
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Health & Social Services:
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Medical Assistance, Chs. HSS 100--
Health, Chs. HSS 110--
Hearings to consider amendment to s. HSS 108.02 and creation of ss. HSS 152.065 (7), 153.07 (5) and 154.07 (5), relating to the recovery of the cost of benefits from estates of people who received assistance. (p. 7)
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Health & Social Services:
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Health, Chs. HSS 110--
Hearing to consider s. HSS 157.035, relating to fees for registration of ionizing radiation installation. (p. 7)
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Industry, Labor & Human Relations:
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Petroleum Products, Ch. ILHR 48--
Hearing to consider revision to ch. ILHR 48, relating to labeling of oxygenated fuels. (p. 8)
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Medical Examining Board:
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Proposed revision to ch. Med 4, relating to camp physician or locum tenens licenses. (p. 9)
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearings to consider s. NR 1.52, relating to a policy on environmental quality standards. (p. 10)
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Natural Resources:
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Environmental Protection--General, Chs. NR 100--
Proposed amendment to s. NR 165.06, relating to the interest rate subsidy for the small loan program. (p. 10)
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Natural Resources:
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Environmental Protection--Solid & Hazardous Waste,
Chs. NR 500--
Hazardous Waste, Chs. NR 600--
Hearings to consider revision to chs. NR 500 to 526, and s. NR 605.05, relating to solid waste management. (p. 11)
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Personnel Commission:
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Hearing to consider rules relating to the informal hearing process referred to as “arbitration”. (p. 12)
Hearing to consider revision to chs. PC 1 to 5, relating to jurisdiction over appeals and complaints. (p. 12)
Hearing to consider rules relating to the fee schedule applicable to certain appeals. (p. 13)
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Revenue:
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Proposed revision to ch. Tax 9, relating to cigarette taxes. (p. 14)
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Transportation, Dept. of:
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Hearing to consider revision of ch. Trans 106, relating to certification of traffic safety programs and instructions. (p. 16)
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2) EMERGENCY RULES NOW IN EFFECT.
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Emergency Response Board:
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Rules relating to fees for transporting hazardous materials. (p. 17)
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Employment Relations-Merit Recruitment & Selection:
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Rules relating to layoff procedures for employes not covered by collective bargaining agreement. (p. 17)
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Gaming Commission:
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Rules relating to betting pools, animal drug testing, intertrack and simulcast wagering. (p. 18)
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Health & Social Services:
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Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 18)
Rules relating to licensed adult family homes. (p. 18)
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Health & Social Services:
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Health, Chs. HSS 110--
Rules relating to qualifications of ambulance service medical directors. (p. 19)
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Health & Social Services:
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Economic Support, Chs. HSS 200--
Rules relating to emergency assistance for low-income families. (p. 19)
Rule relating to energy assistance for low-income families. (p. 20)
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Health & Social Services:
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Youth Services, Chs. HSS 300--
Rules relating to aftercare conduct and revocation. (p. 20)
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Industry, Labor & Human Relations:
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Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 21)
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Industry, Labor & Human Relations:
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Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 21)
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Industry, Labor & Human Relations:
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Barrier-Free Design, Ch. ILHR 69
Rule relating to accessible unisex toilet rooms. (p. 21)
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Insurance, Commissioner of:
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Rules relating to the patients compensation fund. (p. 21)
Rules adopted revising ch. Ins 6, relating to fees for listing agents, and renewal of corporation licenses. [FIRST APPEARANCE] (p. 22)
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to the 1995 migratory game bird season. (p. 22)
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Public Defender:
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Rules relating to indigency evaluation. (p. 22)
Rules relating to redetermination of indigency. (p. 22)
Rules relating to repayment of cost of legal representation. (p. 23)
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Public Instruction:
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Rules relating to transfer pupils with exceptional educational needs (EEN). (p. 23)
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 23)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 23)
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State Fair Park:
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Rules relating to activities at the State Fair Park. (p. 23)
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Transportation [Railroads] (Comm.):
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Rules relating to intrastate railroad rate regulation. (p. 24)
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Transportation (Dept.):
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Rule relating to the urban mass transit operating assistance program. (p. 24)
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3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
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Agriculture, Trade & Consumer Protection:
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( CR 95-104) - SS. ATCP 1.06, 21.14, 100.57, 140.15 & 161.23
and chs. ATCP 26, 27, 102, 105, 106, 107, 108,
130, 135, 137, 156 & 157
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Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:
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( CR 95-136) - SS. A-E 2.05, 3.05, 4.05, 4.06, 4.08, 5.04, 6.05,
9.05 and 10.05
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Development:
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Development:
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( CR 95-153) - SS. DOD 27.03 (3) (f) and 27.04 (4) (c)
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Development:
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Securities, Office of the Commissioner of:
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( CR 95-158) - Chs. SEC 2 to 5 and ss. SEC 7.01, 7.06 and 9.01
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Transportation (Dept.):
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( CR 95-145) - SS. Trans 276.07 (5m) and 276.09 (3)
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4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
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Health & Social Services:
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( CR 95-67) - SS. HSS 201.055 and 201.28 (4m)
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Medical Examining Board:
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Pharmacy Internship Board:
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( CR 95-66) - SS. Ph-Int 1.02, 1.03, 1.04, 1.06 and 1.11 |
Transportation, Dept. of:
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( CR 95-109) - SS. Trans 115.02 (1) and 115.11 (4) |
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5) FINAL REGULATORY FLEXIBILITY ANALYSES.
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Corrections:
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Health & Social Services:
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Natural Resources:
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Natural Resources:
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Psychology Examining Board:
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Public Service Commission:
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Revenue:
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Transportation, Dept. of:
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Transportation, Dept. of:
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( CR 95-96) - SS. Trans 2.015 (1) & 2.05 (1) (a)
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6) EXECUTIVE ORDERS.
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Executive Order 260:
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Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
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Executive Order 261:
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Relating to a Special Election for the Seventh State Senate District.
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Executive Order 262:
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Relating to the Creation of the Commission on Reform of the State's Human Resource System.
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7) NOTICE OF EXTENSION OF COMMENT PERIOD FOR PROPOSED RULES.
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Agriculture, Trade & Consumer Protection:
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Relating to an extension of the period of time in which written comments will be accepted on the proposed amendments to chs. ATCP 74 and 75, Wis. Adm. Code, relating to retail food establishments and local government regulation.
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N o t i c e S e c t i o n
Employment Relations Commission
Notice is hereby given that pursuant to ss. 111.09 (1) and (2), 111.71 (1) and (2), and 111.94 (1) and (2), Stats., and interpreting 1995 Wis. Act 27, the Wisconsin Employment Relations Commission will hold public hearings at the times and places indicated below, to consider the creation of rules relating to fees for complaints, grievance arbitration, mediation, fact-finding, interest arbitration and transcripts.
Hearing Information
The public hearings will be held:
November 17, 1995 3rd Floor Conference Room
Friday Employ. Rel. Commission
At 10:00 a.m. 14 West Mifflin St.
MADISON, WI
November 21, 1995 Conference Room
Tuesday Marathon Co. Courthouse
At 10:00 a.m. 500 Forest St.
WAUSAU, WI
Written Comments
In addition to or instead of verbal testimony at the public hearings, written material may be submitted to:
Wis. Employment Relations Commission
14 West Mifflin Street, Suite 200
Madison, WI
Written material must be submitted on or before on or before November 30, 1995.
Analysis
The Wisconsin Employment Relations Commission proposes an order to amend ss. ERC 2.02 (1) (d), 10.08 (4), 10.13 (5), 12.02 (2) (e), 20.08 (4), 20.13 (5); and to create ss. ERC 1.06, 10.21 and 20.21, relating to fees for complaints, grievance arbitration, mediation, fact-finding, interest arbitration and transcripts.
Sections 3786e, 3786s, 3803d, 3803t, 3843e, 3843s and 9120 (3g) of 1995 Wis. Act 27 require that the Commission promulgate rules establishing a schedule of filing fees and transcript fees to be paid in the following circumstances:
1. When a complaint is received alleging that an unfair labor practice has been committed under s. 111.06 or 111.84, Stats., or that a prohibited practice has been committed under s. 111.70 (3), Stats.
2. When a request is received asking that the Commission or its staff act as a grievance arbitrator under s. 111.10, 111.70 (4) (c) 2. or (cm) 4., or 111.86 (1), Stats.
3. When a request is received asking that the Commission initiate fact-finding under s. 111.70 (4) (c) 3 or 111.88, Stats.
4. When a request is received asking that the Commission or its staff act as a mediator under s. 111.11, 111.70 (4) (c) 1, or 111.87, Stats.
5. When a request is received asking that the Commission initiate interest arbitration under s. 111.70 (4) (jm) or 111.77 (3), Stats.
6. When a party requests a transcript of a Commission proceeding.
Text of Rule
SECTION 1. ERC 1.06 is created to read:
ERC 1.06 Fees. (1) COMPLAINTS. At the time a complaint is received alleging that an unfair labor practice has been committed under s. 111.06, the complaining party or parties shall pay the commission a filing fee of $25. The complaint is not filed until the fee is paid.
(2) GRIEVANCE ARBITRATION. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.10, the parties to the dispute shall each pay the commission a filing fee of $125.
(3) MEDIATION. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.11, the parties to the dispute shall each pay the commission a filing fee of $125.
(4) TRANSCRIPTS. Any party requesting the commission to provide a transcript of a commission proceeding shall pay a fee of $5.00 per page or the actual per page fee of the court reporter, whichever is less.
SECTION 2. ERC 2.02 (1) (d) is amended to read:
(d) A statement that the filing fee established by s. 111.09 (2), Stats., ERC 1.06 (1) accompanies the complaint.
SECTION 3. ERC 10.08 (4) is amended to read:
(4) COMPLETION OF FILING. Papers required by s. 111.70, Stats., this chapter, chs. ERC 11, 12, 13, 14, 15, 16, 17, 18, 30 and 31, or order of the commission, to be filed with the commission, its agent, a fact finder, an arbitrator or with a mediator-arbitrator, shall be deemed filed upon actual receipt at the place specified for such receipt before the close of business. Papers received after the last day of the time allowed for such filing will not be accepted as timely filed unless good cause be shown warranting waiver, in which case the commission, its agent, a fact finder, an arbitrator or the mediator-arbitrator, as the case may be, may upon receipt, deem the document filed at the time it was deposited in the United States mail or with a telegraph office, except that if a filing fee established by
s. 111.71 (2), Stats., ERC 10.21 is required to initiate a proceeding before the commission, the papers shall be deemed to be filed on the date on which the filing fee is received in the offices of the commission.
SECTION 4. ERC 10.13 (5) is amended to read:
(5) TRANSCRIPTS, OTHER THAN IN FACT FINDING IN MUNICIPAL EMPLOYMENT. Hearings shall be stenographically transcribed. by the official reporter of the commission. Such transcripts shall be the sole official transcript. In prohibited practice cases the commission shall furnish one copy of the transcript to each of the parties. In election cases the commission may furnish one copy of the transcript to each of the parties. Copies of transcripts which are furnished to the parties will be furnished at no cost to them.
SECTION 5. ERC 10.21 is created to read:
ERC 10.21 Fees. (1) COMPLAINTS. At the time a complaint is received alleging that a prohibited practice has been committed under s. 111.70 (3), the complaining party or parties shall pay the commission a filing fee of $25. The complaint is not filed until the fee is paid.
(2) GRIEVANCE ARBITRATION. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.70 (4) (c) 2. or (cm) 4., the parties to the dispute shall each pay the commission a filing fee of $125.
(3) MEDIATION. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.70 (4) (c) 1., the parties to the dispute shall each pay the commission a filing fee of $125.
(4) FACT-FINDING. At the time a request is received asking the commission to initiate fact-finding under s. 111.70 (4) (c) 3, the parties to the dispute shall each pay the commission a filing fee of $125, except that if the parties have previously paid a mediation filing fee for the same dispute under ERC 10.21 (3), no fee shall be paid.
(5) INTEREST ARBITRATION. At the time a request is received asking the commission to initiate interest arbitration under s. 111.70 (4) (jm) or 111.77 (3), the parties to the dispute shall each pay the commission a filing fee of $125, except that if the parties have previously paid a mediation filing fee for the same dispute under ERC 10.21 (3), no fee shall be paid.
(6) TRANSCRIPTS. Any party requesting the commission to provide a transcript of a commission proceeding shall pay a fee of $5.00 per page or the actual per page fee of the court reporter, whichever is less.
SECTION 6. ERC 12.02 (2) (e) is amended to read:
(e) A statement that the filing fee established by s. 111.71 (2), Stats., ERC 10.21 (1) accompanies the complaint.
SECTION 7. ERC 20.08 (4) is amended to read:
(4) COMPLETION OF FILING. Papers required by subch. V, ch. 111, Stats., this chapter, ch. ERC 21, 22, 23, 24, or 25, or order of the board, to be filed with the commission, or its agent, an arbitrator, or a fact finder, shall be deemed filed upon actual receipt at the place specified for such receipt before the close of business. Papers received after the last day of the time allowed for such filing will not be accepted as timely filed unless good cause be shown warranting waiver, in which case the commission, arbitrator or fact finder, as the case may be, may, upon receipt, deem the document filed at the time it was deposited in the United States mail or with a telegraph office, except that if a filing fee established by s. 111.94 (2), Stats., ERC 20.21 is required to initiate a proceeding before the commission, the papers shall be deemed to be filed on the date on which the filing fee is received in the offices of the commission.
SECTION 8. ERC 20.13 (5) is amended to read:
(5) TRANSCRIPTS, OTHER THAN IN FACT FINDING IN MUNICIPAL EMPLOYMENT. Hearings shall be stenographically transcribed. by the official reporter of the commission. Such transcripts shall be the sole official transcript. In prohibited practice cases the commission shall furnish one copy of the transcript to each of the parties. In election cases the commission may furnish one copy of the transcript to each of the parties. Copies of transcripts which are furnished to the parties will be furnished at no cost to them.
