Wisconsin
Administrative
Register
No. 511
Publication Date: July 31, 1998
Effective Date: August 1, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
(608) 266-2011 Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Agriculture, Trade and Consumer Protection:
Rules relating to the sales and use of pesticides containing clomazone.
Rules relating to fish farms and imports of live fish and fish eggs.
Rules relating to retail food establishment license exemption for restaurant permit holders.
Commerce:
Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:
Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, Ch. 66

Rules relating to the commercial building and multi-family codes.
Building and Heating, etc., Chs. 50-64
Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Barrier Free Design, Ch. Comm 69
Rule relating to vertical access to press box facilities.
Corrections:
Rule relating to custody and detention of felony probationers and parolees.
Financial Institutions:
Securities
Rule adopted revising chs. DFI-Sec 1 to 9, relating to federal covered securities and advisors. [FIRST APPEARANCE]
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to restaurants.
Rules relating to subsidized health insurance for persons with HIV.
Rules relating to permit and related fees for regulated entities.
Rules adopted revising ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
Insurance:
Rules relating to the Wisconsin Insurance Program (WIP).
Rules relating to annual patients compensation fund and mediation fund fees.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to the private forest landowner grant program.
Rule relating to bag limits for walleye.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to wildlife damage abatement and claims program.
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--

Rule relating to emission limitations for motor vehicles.
Public Service Commission:
Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:
Rules relating to Faculty Development Grants.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290-294
Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.
Pages 19 to 25.
Administration:
Adm Code - Relating to amending rules relating to Small Cities Community Development Block Grants for Housing.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10--12 - Relating to animal health fees.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 29, 35 and 40 - Relating to the agricultural chemical cleanup reimbursement program, fee revenues and funding.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 139 - Relating to consumer product safety.
Barbering & Cosmetology Examining Board:
BC Code - Relating to the apprenticeship application process.
Barbering & Cosmetology Examining Board:
BC Code - Relating to examination passing scores.
Commerce:
Chs. Comm 16, 17 and 73 - Relating to the electrical and illumination codes.
Corrections:
Ch. DOC 349 - Relating to holding juveniles in municipal lockup facilities.
Employment Relations:
ER Code - Relating to reinstatement eligibility, restoration of sick leave, other related time periods for state personnel transactions, and minor and technical rule changes.
Employment Relations--Merit Recruitment and Selection:
ER-MRS Code - Relating to reinstatement eligibility, other related time periods for state personnel transactions, employment register eligibility and minor and technical rule changes.
Hearings and Appeals:
HA Code - Relating to the procedures governing due process hearings conducted by the Division of Hearings and Appeals for applicants and recipients affected by adverse actions in the Medicaid, food stamps, Wisconsin Works (W-2), public assistance and social services programs which are administered by the Departments of Administration, Workforce Development and Health and Family Services.
Insurance:
S. Ins 16.01 - Relating to annual billings for the examination of domestic insurers.
Medical Examining Board:
Med Code - Relating to computer-based administration of USMLE [United States Medical Licensing Examination].
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Ch. NR 20 - Relating to sport fishing for yellow perch in tributaries to Lake Michigan.
Natural Resources:
Air Pollution Control, Chs. NR 400--
Chs. NR 400-499 - Relating to updating and cleanup revisions, including the addition of 20 compounds to those excluded from the definition of “volatile organic compound” (VOC) in accord with federal changes.
Natural Resources:
Investigation & Remediation of Environmental Contamination, Chs. NR 700--
Chs. NR 716, 722, 724 and 726 - Relating to natural attenuation feasibility monitoring and streamlining of reporting requirements.
Physical Therapists Affiliated Credentialing Board:
PT Code - Relating to the requirement of submitting photographs with applications for a locum tenens license.
Public Service Commission:
Ch. PSC 117 - Relating to the creation of rules establishing requirements and procedures for the Commission, in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
Regulation & Licensing:
RL Code - Relating to the practice of real estate appraisers, including: revisions to credential application, education, experience and continuing education requirements; temporary practice and reciprocity requirements; scope of appraisal practice; the rules of professional conduct; the Uniform Standards of Professional Appraisal Practice (“USPAP”); and minor and technical corrections.
Transportation:
Ch. Trans 201 - Relating to changing the method by which distance from an intersection is measured for purposes of outdoor advertising structure placement.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 26 to 27.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 102 and 105 - Relating to the sales below cost.
Commerce:
Ch. ILHR 32 - Relating to public employe safety and health.
Commerce:
Ch. Comm 67 - Relating to rental unit energy efficiency standards.
Employe Trust Funds:
S. ETF 50.48 - Relating to the Long-Term Disability Insurance (LTDI) program and the requirement for the employer's certification.
Insurance:
SS. Ins 3.27, 3.39 and 3.46 - Relating to revising the requirements for Medicare Supplement policies to comply with recent federal and state laws.
Natural Resources:
Ch. NR 10 - Relating to revisions to deer management units 73C (Iowa and Grant counties) and 75 (Iowa and Lafayette counties).
Natural Resources:
S. NR 20.08 (10)- Relating to the tournament fishing sunset extension.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing for chubs in Lake Michigan.
Natural Resources:
Ch. NR 46 - Relating to the definition of human residence as it pertains to forest tax landowners.
Natural Resources:
S. NR 50.23 - Relating to wildlife abatement and control grants for urban communities.
Notices of Hearings or of Proposed Rules.
Pages 28 to 43.
Accounting Examining Board:
Hearing to consider revision of chs. Accy 3 and 7, relating to educational requirements for certified public accountant candidates after December 31, 2000.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 48, relating to drainage district program.
Hearings to consider revision to chs. ATCP 102 and 105, relating to sales below cost and s. 100.30, Stats., “The Unfair Sales Act”.
Commerce:
Public Employe Safety and Health, Ch. Comm 32
Hearings to consider revision to ch. ILHR 32, relating to public employe safety and health.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Hearing to consider proposed rules and current emergency rules affecting ch. Comm 67, relating to rental unit energy efficiency standards.
Insurance:
Hearing to consider revision to ss. Ins 3.27, 3.39 and 3.46, relating to Medicare Supplement policies.
Natural Resources:
Fish, Game, etc.,Chs. NR 10-
Hearing to consider revision of ss. NR 10.104 (4) (b) and 10.28, relating to deer management units 73C and 75.
Hearings to consider amendment to s. NR 20.08 (10), relating to extending the sunset on tournament permitting rules.
Hearings to consider revision of ss. NR 25.02 (26) and 25.05 (1) (d), relating to commercial fishing for chubs in Lake Michigan.
Hearings to consider ss. NR 46.15 (9) and 46.16 (8), relating to the definition of “human residence” as it pertains to forest tax landowners.
Hearing to consider s. NR 50.23, relating to wildlife management and control grants for urban communities.
Pharmacy Examining Board:
Hearing to consider revision to chs. Phar 7 and 8, relating to electronic prescription orders.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 44.
Commerce:
(CR 98-52) - Ch. Comm 87
Commerce:
(CR 98-61) - Ch. Comm 119
Commerce:
(CR 98-62) - Ch. Comm 106
Commerce:
(CR 98-63) - Ch. Comm 116
Commerce:
(CR 98-64) - Ch. Comm 114
Funeral Directors Examining Board:
(CR 98-57) - Chs. FD 1 to 5
Insurance:
(CR 98-58) - S. Ins 2.30
Natural Resources:
(CR 95-223) - SS. NR 518.02, 718.03, 718.09, 718.11
and 718.13
Natural Resources:
(CR 97-131) - S. NR 485.04
Natural Resources:
(CR 97-146) - S. NR 5.21 (3)
Natural Resources:
(CR 98-20) - SS. NR 21.02, 21.04, 21.10, 21.11
and 21.12
Natural Resources:
(CR 98-44) - S. NR 45.12 and ch. NR 8
Natural Resources:
(CR 98-56) - SS. NR 46.02, 46.15, 46.16 and 46.30
Natural Resources:
(CR 98-66) - Ch. NR 300
Public Service Commission:
(CR 98-49) - SS. PSC 160.05, 160.11 & 160.17 and
ch. PSC 161
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 45.
Arts Board:
(CR 98-13) - Chs. AB 1 to 4
Commerce:
(CR 98-17) - Chs. Comm 51 and ILHR 66 and
ss. ILHR 53.63 and 57.01
Health & Family Services:
(CR 98-36) - SS. HSS 138.01, 138.03, 138.04 and 138.05
Insurance:
(CR 98-15) - S. Ins 3.70
Insurance:
(CR 98-48) - SS. Ins 17.01, 17.28 and 17.35
Rules Published in this Wis. Adm. Register.
Page 46.
Commerce:
(CR 98-7) - Ch. Comm 110
Employe Trust Funds:
(CR 97-143) - S. ETF 41.02
Financial Institutions:
(CR 98-4) - SS. S-L 13.03 and DFI-SL 13.03 (3) (d) 6.
Health & Family Services:
(CR 97-98) - Ch. HFS 139
Health & Family Services:
(CR 97-132) - Ch. HFS 140
Health & Family Services:
(CR 97-135) - Ch. HFS 173
Health & Family Services:
(CR 98-46) - SS. HFS 149.02 (6) and 149.03 (7) (a)
Hearing & Speech Examining Board:
(CR 98-12) - Chs. HAS 1 to 7
Natural Resources:
(CR 97-140) - SS. NR 10.001 and 10.102
Natural Resources:
(CR 97-151) - SS. NR 10.01, 10.104, 10.27 and 10.28
Natural Resources:
(CR 98-25) - Ch. NR 166
Public Instruction:
(CR 98-10) - Ch. PI 36
Public Instruction:
(CR 98-11) - Ch. PI 40
Regulation & Licensing:
(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
Transportation:
(CR 98-40) - S. Trans 276.07 (31)
Veterans Affairs:
(CR 98-37) - Chs. VA 1 to 4, 11 and 13
Sections Affected by Rule Revisions or Corrections.
Pages 47 to 48.
REVISIONS
Commerce:
Financial Resources for Businesses & Communities, Chs. Comm 105-128
Ch. Comm 110
Employe Trust Funds:
Ch. ETF 41
Financial Institutions:
Savings Institutions (Savings and Loan)
Ch. DFI-SL 13
Health & Family Services:
Health, Chs. HFS/HSS 110--
Chs. HFS 139, 140, 149 and 173
Hearing & Speech Examining Board:
Chs. HAS 1 to 7
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Ch. NR 10
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Ch. NR 166
Public Instruction:
Chs. PI 36 and 40
Regulation & Licensing:
Chs. RL 11 to 13, 16 to 18 and 22 to 26
Transportation:
Ch. Trans 276
Veterans Affairs:
Chs. VA 1 to 4, 11 and 13
EDITORIAL CORRECTIONS
Commerce:
Liquefied Natural Gas, Ch. Comm 12
Ch. Comm 12
Commerce:
Solar Energy Systems, Ch. Comm 71
Ch. Comm 71
Commerce:
Illumination, Ch. Comm 73
Ch. Comm 73
Financial Institutions:
Savings Institutions (Savings and Loan)
Chs. DFI-SL 1 to 20
Health & Family Services:
Health, Chs. HFS/HSS 110--
Ch. HFS 174
Veterans Affairs:
Chs. VA 1 and 4
Final Regulatory Flexibility Analyses.
Pages 49 to 51.
1. Commerce:
(CR 98-7) - Ch. Comm 110
2. Employe Trust Funds:
(CR 97-143) - S. ETF 41.02
3. Financial Institutions--Savings & Loan:
(CR 98-4) - SS. S-L 13.03 and DFI-SL 13.03 (3) (d) 6.
4. Health & Family Services:
(CR 97-98) - Ch. HFS 139
5. Health & Family Services:
(CR 97-132) - Ch. HFS 140
6. Health & Family Services:
(CR 97-135) - Ch. HFS 173
7. Health & Family Services:
(CR 98-46) - SS. HFS 149.02 (6) and 149.03 (7) (a)
8. Hearing & Speech Examining Board:
(CR 98-12) - Chs. HAS 1 to 7
9. Natural Resources:
(CR 97-140) - SS. NR 10.001 and 10.102
10. Natural Resources:
(CR 97-151) - SS. NR 10.01, 10.104, 10.27 and 10.28
11. Natural Resources:
(CR 98-25) - Ch. NR 166
12. Public Instruction:
(CR 98-10) - Ch. PI 36
13. Public Instruction:
(CR 98-11) - Ch. PI 40
14. Regulation & Licensing:
(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
15. Transportation:
(CR 98-40) - S. Trans 276.07 (31)
16. Veterans Affairs:
(CR 98-37) - Chs. VA 1 to 4, 11 and 13
Executive Orders.
Page 52.
Executive Order #338.
Relating to a Proclamation of a State of Emergency.
Executive Order #339.
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 the Late Deputy Sheriff Michael Villiard of the Sawyer County Sheriff's Office.
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 (3)
Agriculture, Trade & Consumer Protection
1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.
Finding of Emergency
(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.
(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.
(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.
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