Wisconsin
Administrative
Register
No. 501
Publication Date: September 14, 1997
Effective Date: September 15, 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 3 to 10.
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Commerce:
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Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18
Rules relating to inspection of elevators.
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Corrections:
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Rules relating to inmate secure work groups .
Rules relating to registration and community notification of sex offenders.
Rule adopted relating to the inmate complaint review system.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to lead abatement.
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Insurance, Commissioner of:
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Rule relating to increase in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to patients compensation fund.
Rules relating to patients compensation fund.
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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.
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Public Instruction:
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Rules relating to private school choice program.
Rules relating to teacher certification.
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Revenue:
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Rules relating to sales and use tax treatment of landscaping services.
Rule relating to fees for plat review.
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State Fair Park Board:
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Rules relating to activities in the Park and bail bond schedule.
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Transportation:
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Rules relating to transportation of school children.
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Veterans Affairs:
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Rule relating to the health care aid grant program.
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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. DWD 270-279
Rules relating to 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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Page 11 to 12.
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Health & Family Services:
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Chs. HFS 10, 67 & HSS 118 - Relating to hearings on relief from institutional charges; a low-income standard for allocating state nutrition and senior volunteer funds; and maintaining the confidentiality of personal facts included in medical information obtained by Department staff in the conduct of official business.
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Public Defender:
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S. PD 3.038 (2) - Relating to the calculation of indigency.
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Regulation & Licensing:
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RL Code - Relating to clarification of administrative rules relating to real estate brokers and salespersons.
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Regulation & Licensing:
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RL Code - Relating to clarification of administrative rules for charitable originations and professional fund-raisers.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 13 to 14.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 30 - Relating to the use of atrazine pesticides.
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Commerce:
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Ch. Comm 5 - Relating to credentials.
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Commerce:
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Ch. Comm 1 - Relating to environmental analysis and review procedures for Department actions.
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Medical Examining Board:
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Ch. Med 17 - Relating to dispensing or prescribing of controlled substances for the treatment of obesity.
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Regulation & Licensing:
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Chs. RL 70 to 73 - Relating to the certification and regulation of acupuncturists.
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Transportation:
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Ch. Trans 261 - Relating to multiple trip mobile home permits.
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Notices of Hearings or of Proposed Rules.
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Pages 15 to 22.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to ch. ATCP 30, relating to use of atrazine pesticides.
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Commerce:
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Environmental Analysis, Ch. Comm 1
Hearing to consider ch. Comm 1, relating to environmental analysis and review procedures for departmental actions.
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Commerce:
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Credentials, Ch. Comm 5
Hearing to consider revision to ch. Comm 5, relating to credentials.
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Regulation & Licensing:
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Hearing to consider revision to chs. RL 70 to 73, relating to certification and regulation of acupuncturists.
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Transportation:
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Hearings to consider ch. Trans 261, relating to multiple trip mobile home permits.
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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 23.
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Agriculture, Trade & Consumer Protection:
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Commerce:
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Corrections:
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Corrections:
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Employe Trust Funds:
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Revenue:
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Revenue:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 24.
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Commerce:
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Commerce:
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Workforce Development:
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Workforce Development:
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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 Commerce
(Fee Schedule, Ch. Comm 2)
(Credentials, Ch. Comm 5)
(Elevators, Ch. Comm 18)
Rules adopted revising chs. Comm 2, 5 and 18, relating to inspection of elevators and mechanical lifting devices.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The Department inspects elevators and mechanical lifting devices to ensure these units are installed and operating in accordance with the elevator safety rules. The Department is required to inspect both new and existing elevator installations. Due to the increased number of elevators and mechanical lifting devices installed in new construction, the Department has not been able to keep up with all of its required inspections. To ensure that the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department must increase the number of people performing these safety inspections.
The Department rules relating to fees, certification, and inspection procedures are being modified to permit additional individuals to perform inspections of elevators and other mechanical lifting devices. The Department proposes to fund additional inspections by amending its fees to match Department expenses. Plan review and certificate of operation fees would be lowered. Inspection fees would be raised.
Publication Date:
May 4, 1997
Effective Date:
June 1, 1997
Expiration Date:
October 30, 1997
Hearing Date:
July 29, 1997
EMERGENCY RULES NOW IN EFFECT (3)
Department of Corrections
1. Rules adopted creating ch. DOC 304, relating to inmate secure work groups.
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:
Effective June 1, 1997, appropriations will be made available to the Department of Corrections for the establishment of secure work groups. Section 303.063 (2), Stats. requires that if the Department establishes a secure work program, the Department shall, before implementing the program, promulgate rules specifying the procedures and regulations relating to the program. The Department has just begun the permanent rule process for establishing the administrative rules for the secure work program. It typically takes nine months for a permanent administrative rule to be promulgated from the time the permanent rule making process begins.
The Department needs to adopt administrative rules regarding the organization and operation of the secure work group program in order to have rules in place which will comply with Sec. 303.063 (2), Stats. The rules will provide for the protection of the public, the correctional officers and the inmates by providing the requirements for participation in the program as well as providing for safety and security concerns.
An emergency currently exists as the prison population is idle and needs secure work groups to provide inmates work opportunities, to prepare inmates for work opportunities upon release to the community, and to reintegrate inmates into the community.
Publication Date:
May 30, 1997
Effective Date:
May 30, 1997
Expiration Date:
October 28, 1997
Hearing Dates:
August 25, 28 & 29, 1997
2. Rules adopted creating ch. DOC 332, relating to registration and community notification of sex offenders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. A statement of the facts constituting the emergency is: The legislature has directed the department to implement programs for sex offender registration and community notification by June 1, 1997. Emergency rules are necessary to implement the June 1, 1997, timeline mandated by the legislature, inform sex offenders of registration procedures, and inform law enforcement, victims and the public of the right to access information under the procedures designed by the department. Emergency rules are necessary to implement the June 1, 1997, timeline established by the legislature while permanent rules are developed and promulgated.
Publication Date:
June 1, 1997
Effective Date:
June 1 , 1997
Expiration Date:
October 30, 1997
Hearing Dates:
August 27, 28 & 29, 1997
3. Rules adopted revising ch. DOC 310, relating to inmates complaint review system.
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 and welfare. A statement of the facts constituting the emergency is:
There is a Corrections Complaint Examiner with two investigator positions and a program assistant position at the Department of Justice. The number and placement of these Corrections Complaint Examiner positions have been in effect for years. At the present time there is a substantial backlog of approximately 3,000 inmate complaints which need to be reviewed by the Corrections Complaint Examiner. The Department of Justice's position is that it will no longer do the Corrections Complaint Examiner function.
The Department must change its administrative rule to reflect the placement of the Corrections Complaint Examiner function from the Department of Justice to the Department of Corrections. The Department must also change its administrative rule regarding inmate complaints to make the system more efficient as a substantial backlog now exists, and there will be no new positions at the Department of Corrections to do the work of the Corrections Complaint Examiner.
The Department's purpose in the inmate complaint review system is to afford inmates a process by which grievances may be expeditiously raised, investigated, and decided. An efficient inmate complaint review system is required for the morale of the inmates and the orderly functioning of the institutions. An emergency exists due to the current backlog and the proposed moving of the function which will require the Department of Corrections to do the work of the Corrections Complaint Examiners with no new positions.
Publication Date:
August 4, 1997
Effective Date:
August 4, 1997
Expiration Date:
January 2, 1998
EMERGENCY RULES NOW IN EFFECT
Health and Family Services
(Health, Chs. HSS 110--)
Rules adopted revising ch. HSS 163, relating to certification for lead abatement work and lead management activities.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
Exposure to lead in paint, dust or soil is known to have both short term and long term deleterious effects on the health of children, causing learning disabilities, decreased growth, hyperactivity, impaired hearing, brain damage, and even death. Occupational exposure in adults may result in damage to the kidneys, the central nervous system in general, and the brain in particular, and to the reproductive system. Children born of a parent who has been exposed to excessive levels of lead are more likely to have birth defects, mental retardation or behavioral disorders, or to die during the first year of childhood. About one child in six has a level of lead in the blood that exceeds the threshold for risk.
A residential dwelling or other building built before 1978 may contain lead- based paint. When lead-based paint on surfaces like walls, ceilings, windows, woodwork and floors is broken, sanded or scraped down to dust and chips, the living environment can become a source of poisoning for occupants. When it becomes necessary or desirable to identify lead hazards in order to determine the appropriate method of hazard reduction or abatement, it is imperative that persons who provide lead hazard evaluation and other lead management services be properly trained to ensure accurate lead inspection or assessment results. A reliable lead inspection or assessment is necessary to ensure a lead-safe environment for building occupants, especially children under the age of six, who are the most vulnerable population affected by lead-based paint and lead- contaminated dust and soil.
Under s. 254.176, Stats., the Department may establish training and certification requirements for any person who performs or supervises lead hazard reduction or lead management. In addition, s. 254.178, Stats., states that no person may advertise or conduct a training course in lead hazard reduction or lead management that is represented as qualifying persons for state certification unless the course is accredited by the Department.
In 1993, the Department created ch. HSS 163, Wis. Adm. Code, Certification for Lead Abatement and Other Lead Hazard Reduction, to regulate the training and certification of lead abatement workers and supervisors and to accredit the corresponding training courses. Rules were needed to meet eligibility requirements for a $6 million federal Department of Housing and Urban Development (HUD) grant to fund lead hazard reduction in low and moderate income housing where children under the age of six are found to have elevated blood lead levels.
Development of rules for training and certifying lead management professionals, including lead inspectors, risk assessors, and project designers, and for accrediting the corresponding courses, was postponed pending publication of U.S. Environmental Protection Agency (EPA) lead training and certification regulations. Initially expected in June 1994, these EPA regulations were not published until August 29, 1996.
Since most lead management work to date has been associated with elevated blood lead level investigations conducted by state and local government employes who received appropriate training from EPA regional lead training centers, the delay in lead management rules was not a health hazard. The creation of the private inspection and risk assessment service market resulting from new federal HUD/EPA disclosure regulations, however, poses a health hazard if that market is not properly regulated.
