A copy of the rules to be considered may be obtained from Amber Erickson at the State Department of Workforce Development, Bureau of Child Support, Madison, Wisconsin, 53707, by calling (608) 266-6994, or at the appointed times and places the hearings are held.
Interested persons are invited to appear at the hearings and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings may be submitted no later than November 6, 1998, for inclusion in the summary of public comments submitted to the Legislature.
Any such comments should be submitted to Amber Erickson at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
These hearings are held in accessible facilities. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 261-8860. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Analysis
Authority for rule: ss. 49.22 (2m)(d), 49.853 (1)(dm) and (2),
49.854 (17), 49.858 (2), and 767.027 (2)
Statutes interpreted: ss. 49.22, 49.853, 49.854, 49.858 and 767.027
Summary. In compliance with the child support enforcement requirements in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), 1997 Wisconsin Act 191 became effective May 1, 1998.The Act expands the authority of the Department of Workforce Development and county child support agencies to establish and acknowledge paternity, and to enforce child support orders. The Act requires the promulgation of administrative rules before the Department may begin implementing several provisions in the Act. These are the proposed rules for the implementation of 1997 Wis. Act 191.
According to the Act, past-due support constitutes a lien against all of a child support payer's real and personal property. Child support liens will be placed on the child support lien docket and electronically delivered to the county registers of deeds. The rule describes the threshold that arrears in a court case must equal or exceed before a payer is placed on the child support lien docket, the calculation of the lien amount, the filing date of the lien, and lien payments.
To enforce a lien, the Department or child support agency may use administrative enforcement actions authorized in Act 191. These administrative remedies include suspending and denying professional, occupational, recreational, and driver licenses; seizing real and personal property, including financial accounts; and intercepting judgments, settlements, and lump-sum pension payments. The Department or child support agency may initiate these administrative remedies if arrears owed by a payer in a court case equal or exceed a threshold. For each administrative enforcement action, the rule defines the threshold that arrears in a court case must equal or exceed before the Department or child support agency may initiate that action Generally, that threshold for license suspension and account seizure is 300% of the monthly amount due, and the threshold for real and personal property seizure is 600% of the monthly amount due.
In addition to considering the arrears in a court case, when considering property seizure as an administrative remedy, the Department or child support agency must determine whether property identified for seizure has sufficient value before initiating any seizure process. The rule specifies the factors that must be considered when determining the value of the property, and the amount that the property value must exceed before seizure may be initiated. In general, the funds in a financial account must exceed $500, the payer's equity in personal property must exceed $500, and the payer's equity in real property must exceed 20 percent of the payer's proportionate share of the property's fair market value, before the Department or child support agency may seize the property.
Child support payers have an opportunity to negotiate alternative payment plans to suspend the execution of administrative enforcement actions. The rule outlines the process for negotiating payment plans, the factors that must be considered when establishing payment plans, and the possible terms and conditions of payment plans. The rule also defines noncompliance with a payment plan, and provides payers with an opportunity to renegotiate payment plans.
Notice of lien and administrative enforcement actions may be provided by regular mail to the last-known address of a child support payer. According to Act 191, notice requirements are met if notice of lien or administrative enforcement action has been sent to the last-known address provided by the payer, and a diligent effort has been made to ascertain the location of the payer. The rule outlines the process the department and child support agency will use to verify and obtain an address from a postmaster, and the diligent efforts that will be taken to obtain the current address of a payer.
The rule describes the circumstances in which a payee will be notified that an administrative enforcement action has been initiated against the payer. In general, these are circumstances in which the Department or the child support agency is aware that the payer is subject to a protective order or there is otherwise reason to believe that a payee or child may be harmed physically or emotionally by the payer.
The Department and the child support agencies have the authority to request from any person information that they determine necessary for administering the child support program. Act 191 gives the Department and child support agencies additional authority to issue administrative subpoenas to obtain financial information and other documentation necessary for child support administration. Under the Act, the Department or child support agency may require individuals or entities to pay an administrative forfeiture for failure to comply with an administrative subpoena or a request for information. The rule specifies the administrative forfeiture that may be imposed for failure to comply with an administrative subpoena or a request for information, and when the administrative forfeiture may be imposed. Generally, an administrative forfeiture for a failure to comply will not exceed $25, but if the failure to comply is the result of intentional conduct by the subpoena respondent to hide information, falsify information, or provide incomplete information, the administrative forfeiture will equal $500.
Act 191 requires the Department and financial institutions operating in the state to enter into agreements to perform quarterly record matching, using automation to the extent feasible, to determine whether a delinquent child support payer has an ownership interest in a financial account. The rule outlines the procedures DWD will use to enter into agreements with financial institutions and requires DWD to reimburse financial institutions for participating in the data match program. In general, financial institutions will be reimbursed $100 per quarter for performing an automated data match with the department.
The Department's goal is to begin implementation of these provisions in 1999.
Fiscal Estimate
This rule implements various provisions of 1997 Wis. Act 191, related to the child support enforcement program including forfeitures for failing to comply with a subpoena, the financial record matching program, liens, and notice and service of process requirements.
Counties may realize cost savings by switching to mailing of notices of administrative enforcement instead of using service of process. The amount of savings cannot be determined at this time. Although the $25 forfeiture for noncompliance with administrative subpoenas and requests for information may be imposed in a few cases, the amount of revenue generated is expected to be minimal. Local postage costs for liens are expected to be offset by the new enforcement tool. Agency workload may increase due to requests for financial records and court order review, however, these costs can be absorbed.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The rule will not affect small businesses; it affects individuals only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rule will not affect small businesses; therefore, small businesses will not need additional reporting, bookkeeping, or other procedures as a result of the rule.
3. Types of professional skills necessary for compliance with the rules.
The rule will not affect small businesses.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 98-30):
Chs. A-E 1 to 10 - Relating to the registration and regulation of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Ch. Comm 1 - Relating to environmental analysis and review procedures for Department actions.
S. HFS 196.03 (11r) - Relating to the exemption of food service operations providing “incidental food service” from being regulated as restaurants.
SS. Ins 6.58 and 6.59 and ch. Ins 28 - Relating to the requirements for continuing education for insurance intermediaries.
SS. Ins 6.59 and 6.61 and ch. Ins 26 - Relating to the application process and requirements of prelicensing education for insurance agents.
S. Ins 4.10 - Relating to changes in the requirements for the Wisconsin Insurance Plan.
Subch. II of ch. NR 16 - Relating to the development of fees, criteria and procedures to use when permitting the use of natural waters as fish farms.
S. NR 10.01 (1) (b), (g), (u) and (v) - Relating to the 1998 migratory game bird season.
Chs. Opt 3 and 4 and s. Opt 6.03 (2) Note - Relating to credential applications and examination requirements for individuals applying for a license to practice optometry.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order amending s. DOC 328.22 (5), relating to the custody and detention of felony probationers and parolees.
Effective 11-01-98.
An order amending s. PD 3.02 (1), relating to the cost of retained counsel.
Effective 11-01-98.
An order amending s. PSC 112.05, relating to electric construction by public utilities requiring Public Service Commission review and approval.
Effective 11-01-98.
An order:
1) Amending ss. PSC 160.05, 160.11 (6) and 160.17, relating to the provision of universal telecommunications service and administration of the universal service fund; and
2) Creating ch. PSC 161, relating to establishing the Educational Telecommunications Access Program (per TEACH WI).
Effective 11-01-98.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board
(CR 97-119):
An order affecting ss. SFC 1.05, 11.035, 14.01 and 14.02, relating to examination requirements and procedures, academic programs equivalent to master's and doctorate degrees in professional counseling, and temporary certificates for professional counselors.
Effective 11-01-98.
Wisconsin Technical College System Board
(CR 98-59):
An order creating ch. TCS 15, relating to faculty development grants.
Effective 11-01-98.
An order affecting ch. Trans 132, relating to temporary license plate and permits.
Effective 11-01-98.
The following administrative rule orders have been adopted and published in the September 30, 1998 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection
(CR 98-14):
An order affecting chs. ATCP 32, 33 and 35, relating to fertilizer bulk storage, pesticide bulk storage and the agricultural chemical cleanup program.
