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Wisconsin
Administrative
Register
No. 495
Publication Date: March 31, 1997
Effective Date: April 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 11.
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Agriculture, Trade & Consumer Protection:
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Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
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Corrections:
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Rule relating to inmate mail.
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Development (Commerce):
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Rules relating to annual allocation of volume cap.
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Health & Family Services:
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Management, Policy & Budget, Chs. HFS 1--
Rules relating to parental liability for the cost of care for children in court-ordered substitute care.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to do-not-resuscitate orders.
Rules relating to lead abatement.
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Health & Social Services (Workforce Development):
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Economic Support, Chs. HSS 200--
Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
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Insurance, Commissioner of:
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Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Rule relating to requirements for tax deductible long-term care insurance policies.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Rules relating to the Lake Superior fisheries management plan.
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Public Instruction:
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Rules relating to private school choice program.
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Transportation:
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Rules relating to general transportation aids.
Rules relating to occupational driver's license.
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Workforce Development:
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Economic Support, Chs. DWD 11-59
Rules relating to administration of child care funds and required parent copayments.
Rules relating to Wisconsin Works program.
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Workforce Development:
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Labor Standards, Chs. ILHR 270-279
Rules relating to the minimum wage.
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Workforce Development:
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Wage Rates, Chs. ILHR 290-294
Rules relating to prevailing wage rates for state or local public works projects.
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Scope Statements.
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Pages 12 to 14.
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Employe Trust Funds:
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Ch. ETF 41 - Relating to long-term care insurance.
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Insurance, Commissioner of:
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SS. Ins 2.14 and 2.16 - Relating to life insurance solicitation and advertising.
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Insurance, Commissioner of:
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S. Ins 3.53 - Relating to HIV testing procedures.
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Natural Resources:
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Ch. NR 101 - Relating to reports and fees for wastewater dischargers.
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Psychology Examining Board:
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Psy Code - Relating to limiting the number of hours per continuing education program.
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Regulation & Licensing:
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RL Code - Relating to the use of unlicensed personal assistants by real estate licensees.
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Revenue:
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Ch. Tax 19 - Relating to the original tax rate disparity program which was renamed the expenditure restraint program.
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Social Workers, Marriage & Family Therapists and Professional Counselors (Professional Counselors Section):
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SFC Code - Relating to education requirements, applications, temporary certification and examination administration.
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Transportation:
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Ch. Trans 276 - Relating to establishing a network of highways on which long combination vehicles may operate, by adding three highway segments to the network.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 15 to 17.
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Commerce:
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Chs. DOD 6 and Comm 108 - Relating to the Community Development Block Grant Program.
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Educational Approval Board:
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EAB Code - Relating to the approval of schools and programs, setting fees, setting bond requirements, outlining refund policy and, in general, affecting all aspects of the Educational Approval Board's approval of schools.
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Health & Family Services:
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Ch. HSS 1 - Relating to the operation of the Department's uniform fee system, including determination of parental liability for the costs of court-ordered substitute care.
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Insurance, Commissioner of:
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S. Ins 2.17 - Relating to life insurance illustrations.
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Natural Resources:
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Ch. NR 37 - Relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
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Natural Resources:
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Chs. NR 400, 406 and 407 - Relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
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Natural Resources:
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Chs. NR 45 and 51 - Relating to the use regulations on state lands.
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Nursing Home Administrator Examining Board:
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Chs. NHA 1 to 6 - Relating to the licensure of nursing home administrators.
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Transportation:
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Ch. Trans 177 - Relating to motor carriers.
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Notices of Hearings or of Proposed Rules.
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Pages 18 to 47.
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Administration:
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Hearing to consider creation of chs. Adm 66, 67 and 68, relating to manufactured home dealer financial eligibility, trade practices, facilities and records, licensing periods and fees.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to chs. ATCP 60, 70, 71, 75 and 80, relating to food and dairy license fees.
Hearings to consider revisions to ch. ATCP 31, relating to groundwater protection.
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Commerce (Development):
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Hearing to consider the revision of ch. DOD 6 and renumbering to be ch. Comm 108, relating to the community development block grant program.
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Corrections:
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Hearings to consider revision to ch. DOC 324, relating to the inmate work and study release program.
Hearings to consider the revision to ch. DOC 325, relating to the temporary release of an inmate under supervision.
Hearings to consider revision to ch. DOC 326, relating to leave for qualified inmates.
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Insurance, Commissioner of:
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Hearing to consider revision to s. Ins 2.17, relating to life insurance illustrations.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearing to consider revision to chs. NR 45 and 51, relating to use regulations on state lands.
Hearings to consider revision to ch. NR 37, relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
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Natural Resources:
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Environmental Protection-Air Pollution Control,
Chs. NR 400--
Hearings on revision to chs. NR 400, 406 and 407, relating to the air permit program.
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Nursing Home Administrator Examining Board:
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Hearing to consider changes to the NHA Code, relating to licensure.
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Transportation:
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Hearing to consider ch. Trans 177, relating to motor carriers.
(See notice under Administration.)
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Veterans Affairs:
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Hearing on emergency rule revision to ch. VA 2, relating to the health care aid grant program.
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Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 48.
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Agriculture, Trade and Consumer Protection:
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Commerce:
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( CR 97-4) - Chs. DOD 13 and Comm 113
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Corrections:
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Health & Family Services:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 49.
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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Corrections:
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Corrections:
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Health & Family Services:
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Insurance, Commissioner of:
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Natural Resources:
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Natural Resources:
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( CR 96-160) - SS. NR 25.02, 25.05, 25.06 and 25.07
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Public Defender:
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Public Defender:
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Transportation:
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Transportation:
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( CR 96-76) - SS. Trans 276.07 and 276.09
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Rules Published in this Wis. Adm. Register.
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Page 50.
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Commerce:
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Commerce:
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( CR 96-144) - Amending the effective date clause of
CR 94-116 and affecting
chs. ILHR 50 to 64 and 66.
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 96-86) - SS. NR 439.01, 484.03, 484.04 and 484.10
and ch. NR 460
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Natural Resources:
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( CR 96-87) - Chs. NR 400, 407, 423, 460, 468 and 469
and ss. NR 406.04 and 484.04
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Final Regulatory Flexibility Analyses.
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Pages 51 to 52.
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1. Commerce:
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2. Commerce:
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( CR 96-144)- Amending the effective date clause of
CR 94-116 and affecting
chs. ILHR 50 to 64 and 66.
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3. Natural Resources:
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4. Natural Resources:
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5. Natural Resources:
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6. Natural Resources:
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( CR 96-86) - SS. NR 439.01, 484.03, 484.04 and 484.10
and ch. NR 460
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7. Natural Resources:
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( CR 96-87) - Chs. NR 400, 407, 423, 460, 468 and 469
and ss. NR 406.04 and 484.04
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Executive Orders.
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Page 53.
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Executive Order 305.
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Relating to the Creation of the Governor's Commission on Teaching in the 21st Century.
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Executive Order 306.
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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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E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT
Department of Agriculture, Trade & Consumer Protection
Rule adopted creating s. ATCP 139.04 (11), relating to prohibiting the sale of butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Finding of Emergency
(1) On June 2, 1995, the United States Environmental Protection Agency (“EPA”) issued a final rule prohibiting the use of HC-12a, a hydrocarbon-based refrigerant containing liquified petroleum gas, as a refrigerant in mobile air conditioning systems. EPA prohibited HC-12a, and a predecessor product called OZ-12, because of safety risks associated with the use of flammable refrigerants in mobile air conditioning systems. According to EPA, the manufacturer of HC-12a did not provide adequate information to demonstrate that the product was safe when used in a mobile air conditioning system.
(2) Despite the current EPA rule, at least one company is currently engaged in manufacturing and distributing HC-12a for use in motor vehicle air conditioning systems. The Idaho manufacturer argues that EPA lacks jurisdiction to regulate the sale of its product. HC-12a is currently being offered, distributed or promoted for sale at wholesale and retail outlets in Wisconsin and surrounding states, for use as a refrigerant in mobile air conditioning systems.
(3) HC-12a is a highly flammable substance, as defined by the American Society of Testing and Materials (ASTM) standard test procedure for refrigerants, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), and Underwriter's Laboratories. Use of HC-12a or its predecessor, OZ-12, in mobile air conditioning systems is inconsistent with standards adopted by the Society of Automotive Engineers. According to those standards, refrigerants used in mobile air conditioning systems must be of low toxicity, and must be nonflammable and nonexplosive.
(4) At least 13 states have enacted legislation prohibiting the sale of refrigerants for use in air conditioning or refrigeration systems unless those refrigerants meet flammability standards or are specifically approved for their intended use.
(5) HC-12a and other hydrocarbon-based refrigerants, when sold for use in motor vehicle air conditioning systems, present a serious risk to public health and safety for the following reasons:
(a) Motor vehicles and mobile air conditioning systems are not currently designed to use flammable refrigerants, or to prevent hazards associated with flammable refrigerants.
(b) Refrigerants in mobile air conditioning systems commonly leak into the engine compartments or passenger compartments of motor vehicles. Leaking refrigerant is often routed into the passenger compartment through the air distribution system from the evaporator. Hydrocarbon refrigerants, which are heavier than air, will tend to accumulate in low or confined spaces of a motor vehicle.
(c) Hydrocarbon refrigerants are flammable at low concentrations.
(d) Internal components of a motor vehicle provide many potential sources of ignition for flammable refrigerants. Passenger activities, such as smoking, may also create ignition sources.
(e) Fires or explosions resulting from the ignition of leaked flammable refrigerant may cause serious bodily injury or death to motor vehicle passengers. Automotive technicians who test for leaks, or who repair or service mobile air conditioning systems containing flammable refrigerants, are also at risk.
(6) The risk to public health and safety cannot be adequately addressed by product packaging or labeling, for the following reasons:
(a) The use of flammable hydrocarbon-based products in motor vehicle air conditioning systems is inherently hazardous. That hazard will not be materially altered by mere packaging or labeling.
(b) Use is hazardous to persons who are not aware that the refrigerant is present, and have not have seen or read the product label.
(c) Current product labels for HC-12a already contain a warning statement that the contents are under pressure and are extremely flammable. Current labels direct use by qualified personnel only, and list other cautions and instructions when recharging a mobile air conditioning system with this substitute refrigerant. These label statements do not materially alter the hazard inherent in the use for which the product is sold. There are few if any protective actions which a customer or technician could take to reduce the hazards associated with use of the product.
(d) There are no automotive industry standards which would allow a flammable refrigerant to be used in a motor vehicle air conditioning system as currently designed.
(7) Flammable hydrocarbon-based refrigerants, including HC-12a, OZ-12, and other refrigerants containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons, pose a serious risk to public health and safety when sold for use as refrigerants in mobile air conditioners. At this time, the public health and safety can only be protected by keeping these products out of the channels of commerce in this state. The department can and should adopt rules, under ss. 93.07(1) and 100.37(2), Stats., prohibiting the sale of such products in this state.
(8) Pending the adoption of rules according normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats., to protect the public health, safety and welfare.
Publication Date:
October 9, 1996
Effective Date:
October 9, 1996
Expiration Date:
March 8, 1997
Hearing Date:
November 15, 1996
Extension Through:
May 6, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Commerce
Rules adopted repealing ch. DOD 13 and creating ch. Comm 113, relating to the annual allocation of volume cap.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Historically, s. 560.032, Stats. has been interpreted by the legislature and certain legislative attorneys to provide that the annual allocation for the distribution of volume cap established by the Department of Commerce expires at the end of each calendar year. To comply with this interpretation, the Department is required to repeal and recreate the volume cap rule annually. The proposed permanent rule for 1997 is in process. Without this emergency rule, which is effective upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes, there will be several months during which Wisconsin will be unable to take advantage of the approximately $260 million of volume cap and thus risk losing the jobs and investment that would be created by Wisconsin businesses that otherwise would make use of the federally subsidized financing during the period. Adoption of the rule will insure that there is no gap in the use of this development tool and that the jobs and investment occur.
Publication Date:
December 30, 1996
Effective Date:
December 30, 1996
Expiration Date:
May 29, 1997
Hearing Date:
February 13, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Corrections
Rules adopted creating s. DOC 309.05 (2)(d), relating to inmate mail.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Wisconsin state prison inmates outgoing mail is generally not reviewed or censored. Inmates have used mail to:
1. Contact the victims of their crimes, which has caused severe emotional distress;
2. Threaten and harass elected officials, law enforcement officers, and other persons; and
3. Defraud mail order and other businesses.
Since November 1, 1993, pursuant to Internal Management Procedure #35, the department has stamped outgoing inmate mail to indicate that the mail was sent from the Wisconsin state prison system. IMP #35 was adopted to protect victims of crime, the public, and businesses from inmate harassment and fraud.
The Wisconsin Court of Appeals ruled in an unpublished decision that IMP #35 had to be promulgated as an administrative rule.
In order to protect the public welfare of the state, it is necessary for the department to adopt the following emergency rule to ensure that victims of crime are not further victimized by inmate mail, that members of the public are not threatened or harassed, and that businesses are not defrauded.
