Statutory authority: ss. 196.02(1) and (3), 227.11, 227.24 and 227.26, Stats.
Statutes interpreted: ss. 196.14, 196.72 and 196.795 (9), Stats.
On August 15, 2000, the Commission voted to promulgate administrative rules on requests for confidential handling of documents filed with the Commission. On September 20, 2000, the Joint Committee for Review of Administrative Rules directed the Commission to adopt a rule on the subject under s. 227.26 (2) (b), Stats. This rule creates a process for obtaining a designation of confidential status. Under the rule, a determination on whether information shall be treated confidentially shall be made at the time the information is given to the Commission. Under previous Commission procedures, if a person filing a document sought confidential treatment of information in the document, the filer could do so by identifying the grounds under which confidentiality could be granted. The Commission would accept the filing, but the acceptance did not constitute a determination that public access to the information would not be permitted. The Commission would determine if confidential status should be granted when a request for that information was made by another person.
Under this rule, a person who wishes the Commission to keep confidential information in the possession of the Commission, or requested by the Commission, must make an application for confidential status. The application must identify the information for which confidential treatment is sought and identify the authority under which confidential status should be granted. Within 21 days after receiving an application, the Commission may seek additional information from the applicant, if needed, to make a confidentiality determination. The applicant must respond within 30 days to the information request.
The Commission will make a determination on a confidentiality request within 30 days of receiving the additional information or within 30 days of the filing of the application if no additional information is needed. The determination will specify what, if any, information is given confidential treatment and the basis for that determination.
The Commission will give the applicant written notice of its determination. The Commission shall post all determinations regarding confidentiality on its website and may give other appropriate notice. If an applicant is authorized to file information confidentially in the context of a Commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for that proceeding.
Publication Date:
October 23, 2000
Effective Date:
October 23, 2000
Expiration Date:
March 22, 2001
2. Rules adopted amending s. PSC 116.06 (1) and (2), relating to the triggering mechanism and the period of time in which fuel costs are estimated for purposes of seeking an emergency or extraordinary rate increase under s. PSC 116.06.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend s. PSC 116.06 (1) and (2), which would allow the Commission to grant a rate increase to an applicable Class A electric public utility based on estimated fuel cost for the year in which it is reasonably anticipated that the rate increase would go into effect. In granting the rate change the Commission must find, after a hearing confined solely to fuel costs, that the utility is eligible to seek an emergency or extraordinary rate increase under the current rule, an emergency or extraordinary increase in the cost of fuel exists, and the fuel cost increase will affect the utility's average yearly fuel costs for the year in which it is reasonably anticipated that the rate increase would go into effect so as to fall outside the established annual range for that year. This change would assist in implementing the rule at a time of volatile fuel costs.
Publication Date:
December 28, 2000
Effective Date:
December 28, 2000
Expiration Date:
May 27, 2001
Hearing Date:
January 23, 2001
Tobacco Control Board
Rules adopted creating ch. TCB 1, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Finding of Emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Date:
January 10, 2001
Scope statements
Barbering and Cosmetology
Examining Board
Subject
To clarify disinfection expectations for barbering and cosmetology, aesthetics, electrology and manicuring implements.
Policy analysis
Objective of the rule. To amend rules relating to the process of disinfection
Analysis. These rule amendments will provide a clearer explanation of what disinfection will protect the health, safety and welfare of the citizenry of Wisconsin.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2), and 454.08 (4)
Staff Time Required
100 hours
Barbering and Cosmetology
Examining Board
Subject
To permit a person leasing a chair or booth in an establishment to relocate to another chair or booth within the same establishment without requiring application for a new establishment license.
Policy analysis
Objective of the rule. Current rules require application for a new establishment license whenever an establishment changes ownership or location. Practitioners who rent a chair or booth and who relocate to a different chair or booth within the same establishment should not be required to obtain a new establishment license.
Analysis. To amend the rules so that a person leasing a chair or booth in an establishment to relocate to another chair or booth within the same establishment without requiring application for a new establishment license.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2) and 454.08 (4)
Staff Time Required
100 hours
Barbering and Cosmetology
Examining Board
Subject
To permit an establishment owner who has been unsuccessful in hiring a manager to operate an establishment temporarily without a licensed manager.
Policy analysis
Objective of the rule. To allow an establishment to operate temporarily without a manager if a manager resigns and the owner actively seeks a replacement.
Analysis. Current rules require a licensed manager to be identified for every establishment. The amendment would allow an establishment to operate without a manager if a manager resigns and the owner actively seeks a replacement.
Statutory authority
Sections 15.08 (5) (b) and 227.11 (2)
Staff Time Required
100 hours
Barbering and Cosmetology
Examining Board
Subject
To identify the process for issuing and processing citations for disciplinary forfeitures.
Policy analysis
Objective of the rule. To identify the procedures for issuance, service and processing forfeiture citations. To allow a respondent to contest the citation via a hearing before an administrative law judge.
Analysis. To create rules to identify the procedures for issuance, service and processing forfeiture citations against professional and occupational licenses issued by the Barbering and Cosmetology Examining Board. In addition, the procedures would allow a respondent to contest the citation.
Statutory authority
Sections 15.08 (5) (b) and 227.11 (2)
Staff Time Required
100 hours
Barbering and Cosmetology
Examining Board
Subject
To prohibit the use of methyl methacrylate monomer (MMA) in liquid form, or any cosmetic or nail service product formulated with MMA as one of its ingredients.
Policy analysis
Objective of the rule. MMA should not be used by any manicurist, nail technician, practitioner, manager or in any establishment in providing services or products to patrons. MMA, or any product containing MMA as an ingredient, should not be present upon the premises of any establishment. Any use of MMA or any product containing MMA, as well as selling, stocking or storing such substance or product, may result in disciplinary action against all licensees involved.
Analysis. Increased reports and complaints concerning MMA have prompted the board to prohibit the use of MMA in the practice of barbering and cosmetology and manicuring.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2), 454.15 and 454.16
Staff Time Required
100 hours
Controlled Substances Board
Subject
Classify as a schedule II controlled substance under state law dihydroetorphine, which has been classified as a schedule II controlled substance under federal law.
Policy analysis
Objective of the rule. By final rule of the Drug Enforcement Administration (DEA), adopted effective November 17, 2000, dihydroetorphine was classified as a schedule II controlled substance under the federal Controlled Substances Act (CSA). Dihydroetorphine has not been so scheduled under the Wisconsin Controlled Substances Act in Ch. 961, Stats. The objective of the rule is to bring the treatment of these drugs into conformity with that at the federal level.
Analysis. Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. International control of dihydroetorphine in Schedule I of the Single Convention on Narcotic Drugs, 1961 in 1998, forms the basis for the DEA action. Dihydroetorphine is a derivative of thebaine, a natural constituent of opium and thus a controlled substance under 21 U.S.C. 812 and 21 CFR Part 1308.12 (b) (1) (16).
