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Wisconsin
Administrative
Register
No. 502
Publication Date: October 31, 1997
Effective Date: November 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 8.
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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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Insurance, Commissioner of:
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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.
Rules relating to the 1997 migratory game bird season.
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Public Defender:
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Rule relating to calculation of indigency.
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Public Instruction:
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Rules relating to teacher certification.
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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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Scope Statements.
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Pages 9 to 13.
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Agriculture, Trade & Consumer Protection:
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Chs. ATCP 29 and 30 - Relating to pesticide use and control.
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Barbering & Cosmetology Examining Board:
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BC Code - Relating to clarification of administrative rules relating to the practice of barbering and cosmetology.
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Chiropractic Examining Board:
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Chir Code - Relating to the practice of chiropractors.
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Dentistry Examining Board:
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DE Code - Relating to the periodontal education required, in lieu of successfully completing a clinical periodontal examination, for dentists licensed in other states to qualify for a license in Wisconsin by endorsement.
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Employment Relations:
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Ch. ER 18 - Relating to sick leave accrual rate, catastrophic leave and other changes in leave provisions for nonrepresented state employes.
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Financial Institutions--Securities:
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DFI-Sec Code - Relating to repeal of the Division's rules under the securities, take-over and franchise statutes prescribing photocopying charges.
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Funeral Directors Examining Board:
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FD Code - Relating to clarification of administrative rules relating to the practice of funeral directors.
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Health & Family Services:
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Ch. HFS 196 - Relating to regulation of restaurants by the Department of Health and Family Services (DHFS) or by local public health departments designated as agents of DHFS.
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Insurance:
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S. Ins 3.50 (9) (d) - Relating to continuity of access to providers in managed care organizations.
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Insurance:
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Ch. Ins 28 - Relating to continuing education requirements for insurance intermediaries.
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Insurance:
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S. Ins 3.39 - Relating to changes in the requirements for Medicare supplement policies to conform to recent federal laws.
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Insurance:
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Ch. Ins 26 - Relating to prelicensing education requirements for insurance intermediaries.
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Investment Board:
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Chs. IB 1 and 2 - Relating to restriction of Investment Board employes and general policies of the Investment Board.
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Natural Resources:
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Ch. NR 20 - Relating to fishing: inland waters; outlying waters.
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Transportation:
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Ch. Trans 276 - Relating to operation of long combination vehicles on certain specified highways.
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Transportation:
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Ch. Trans 512 - Relating to the state Infrastructure Bank Program.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 14 to 15.
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Health & Family Services:
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Chs. HFS 10, 67 and 118 - Relating to hearings on relief from institutional charges, low-income standard for allocating state nutrition and senior volunteer funds; and confidentiality of health care information.
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Health & Family Services:
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Ch. HFS 140 - Relating to required services of local health departments.
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Natural Resources:
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Ch. NR 485 - Relating to emission limitations for motor vehicles.
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Notices of Hearings or of Proposed Rules.
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Pages 16 to 19.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to chs. ATCP 90, 91 and 92, relating to fair packaging and labeling, methods of sale of commodities and weighing and measuring devices.
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Natural Resources:
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Environmental Protection--Air Pollution Control,
Chs. NR 400--
Hearings to consider revision of Tables 1 and 3 of s. NR 485.04, relating to emission limitations for motor vehicles.
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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 20.
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Administration:
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Administration:
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Administration:
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Commerce:
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Employe Trust Funds:
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Employe Trust Funds:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 21.
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Accounting Examining Board:
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Financial Institutions--Savings Banks:
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Commissioner of Insurance:
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Law Enforcement Standards Board:
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Public Service Commission:
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Revenue:
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Transportation:
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( CR 97-6) - Chs. Trans 253 and 259 and s. Trans 255.06
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Transportation:
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Rules Published in this Wis. Adm. Register.
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Pages 22 to 23.
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Commerce:
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( CR 97-37) - Subchs. I, II and III of ch. DOD 6, and
ch. Comm 108
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Financial Institutions--Credit Unions:
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Financial Institutions--Credit Unions:
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Financial Institutions--Credit Unions:
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Financial Institutions--Credit Unions:
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Educational Approval Board:
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( CR 97-35) - Chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10
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Funeral Directors Examining Board:
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Health & Family Services:
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Insurance:
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Natural Resources:
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Natural Resources:
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( CR 97-15) - S. NR 20.03, 20.04, 20.09, 20.10, 26.05,
26.08, 26.09 and 26.14
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Natural Resources:
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Natural Resources:
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( CR 97-18) - SS. NR 10.001, 10.06, 10.103, 10.106,
10.145, 10.28, 10.29, 11.032 and 19.13
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Natural Resources:
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( CR 97-19) - SS. NR 10.01, 10.07, 10.12, 10.13,
10.145, 10.27, 10.28, 10.29, 10.34,
10.35, 10.37, 10.40, 15.015 and 15.022
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Natural Resources:
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( CR 97-59) - SS. NR 46.16, 46.18, 46.24 and 46.30
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Revenue:
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( CR 97-55) - SS. Tax 11.001, 11.002, 11.01, 11.35
and 11.97
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Revenue:
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Revenue:
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Revenue:
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Revenue:
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Transportation:
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( CR 97-60) - SS. Trans 206.02 (1) and 206.03 (12) (c) 3
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Transportation:
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Workforce Development:
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( CR 97-54) - Chs. HSS 215 and DWD 12 and 15 and
s. DWD 56.04
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Final Regulatory Flexibility Analyses.
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Pages 24 to 27.
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1. Commerce:
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( CR 97-37) - Subchs. I, II and III of ch. DOD 6, and
ch. Comm 108
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2. Financial Institutions--Credit Unions:
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3. Financial Institutions--Credit Unions:
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4. Financial Institutions--Credit Unions:
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5. Financial Institutions--Credit Unions:
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6. Educational Approval Board:
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( CR 97-35) - Chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10
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7. Funeral Directors Examining Board:
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8. Health & Family Services:
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9. Insurance:
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10. Natural Resources:
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11. Natural Resources:
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12. Natural Resources:
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13. Natural Resources:
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14. Natural Resources:
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15. Natural Resources:
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16. Revenue:
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( CR 97-55) - SS. Tax 11.001, 11.002, 11.01, 11.35
and 11.97
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17. Revenue:
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18. Revenue:
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19. Revenue:
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20. Revenue:
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21. Transportation:
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22. Transportation:
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23. Workforce Development:
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( CR 97-54) - Chs. HSS 215 and DWD 12 and 15 and
s. DWD 56.04
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Executive Orders.
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Page 28.
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Executive Order #317:
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Relating to the Implementation of the Federal Communication Commission's Universal Service Fund Order.
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Executive Order #318:
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Relating 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 Fire Fighters of this State Who Have Given Their Lives in the Line of Duty.
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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
Hearing Dates:
October 15, 16 & 17, 1997
EMERGENCY RULES NOW IN EFFECT (2)
Commissioner of Insurance
1. Rules adopted revising ch. Ins 17, relating to annual patients compensation fund and mediation fund fees calculation of adding certain physician specialties and UW hospital and clinics residents' fees.
Finding of Emergency
The deputy commissioner of insurance (commissioner) finds that an emergency exists and that promulgation of this emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
The deputy commissioner was unable to promulgate the permanent rule corresponding to this emergency rule, clearinghouse rule no. 97-71, in time for the patients compensation fund (fund) to bill health care providers in a timely manner for fees applicable to the fiscal year beginning July 1, 1997. The permanent rule was delayed pending legislative action on Senate Bill 145 which, if passed, will require a lowering of the fund fees originally proposed by the fund's board of governors. Senate Bill 145 may still reach the Senate floor this legislative session but, in all likelihood not before July 1, 1997, when this fee rule must be in effect. Assembly Bill 248, the Assembly bill which mirrors Senate Bill 145, passed the Assembly overwhelmingly.
The commissioner expects that the permanent rule will be filed with the secretary of state in time to take effect September 15, 1997. Because the provisions of this rule first apply on July 1, 1997, it is necessary to promulgate the rule on an emergency basis. A hearing on the permanent rule, pursuant to the published notice was held on May 30, 1997.
Publication Date:
June 20, 1997
Effective Date:
June 20, 1997
Expiration Date:
November, 18, 1997
2. Rules adopted revising ch. Ins 17, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1997, adding certain physician specialties to those currently listed in the rule and providing that UW hospital and clinics residents' fees be calculated on a full-time-equivalent basis in the same manner as medical college of Wisconsin resident fees are currently calculated.
