Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the February 28, 2002, 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.
An order creating ch.
Adm 48, relating to the department's comprehensive planning and transportation planning grants to local governmental units.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments received.
An order amending ch.
DFI-Bkg 74, relating to procedures for the cancellation and return of certain collection agency accounts.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), and final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments received.
Financial Institutions-Corporate Consumer Services
(
CR 01-122)
An order creating chs.
DFI-CCS 1 to
7 and to repeal ch. SS 3, relating to general provisions, acceptance and refusal of documents, the information management system, filing and data entry procedures, search requests and reports, other notices of liens under the UCC, and realty-related filings.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), and final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments received.
An order repealing ch. HSS 56 and creating ch.
HFS 56, relating to foster home care for children.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
These rules apply to the following agencies and individuals: the Department of Health and Family Services; the Department of Corrections; the Division of Hearings and Appeals in the Department of Administration; County Departments of Human/Social Services; private child welfare agencies licensed under ch.
HFS 54 to license foster and adoptive homes; foster and treatment foster parents; and tribal child welfare agencies that have adopted these rules for purposes of licensing foster homes.
None of these affected agencies or individuals are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
An order affecting ch.
HFS 163, relating to certification for the identification, removal and reduction of lead-based paint hazards.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect small businesses as defined in s.
227.114 (1) (a), Stats. There are 286 certified lead companies in Wisconsin, of which at least 80% have fewer than 25 employees. There are five providers of training courses. Four of the training providers are companies and one is operated by a labor union. In addition, the proposal includes an option for property owners to obtain a certificate of lead-free status or lead-safe status in exchange for immunity from liability when a child is lead poisoned. The standards and certificates of lead-free status and lead-status will affect rental real estate owners who elect to participate. Many of these owners could be classified as small businesses. Therefore, the Department developed the rule only after careful consideration of the cost and administrative burden to affected parties.
In proposing standards that must be met in order for a real estate owner to receive a certificate of his or her building being lead-free or lead-safe, the Department continually weighed the cost to achieve or maintain a standard against the risk of a child being lead poisoned.
Training for certification was established in modules that allow easy movement to higher discipline levels after completing additional training without having to repeat information. This reduces the required initial amount of time and money, before a person may be sure of his or her commitment, and reduces barriers to upward movement within the lead industry.
Minimum reporting requirements will be placed on trainers and lead professionals. The Department considers the information proposed to be required of property owners minimally essential for awarding certificates of lead-free or lead-safe to a structure's owner. Such certifications form the basis for the owner's immunity from liability. Therefore, reporting requirements cannot be reduced for “small businesses."
Compliance and reporting requirements have been simplified and consolidated wherever possible while:
1. Assuring building owners a basis for immunity from liability.
2. Providing the Department adequate monitoring and enforcement information.
3. Providing the public sufficient information about individual buildings.
Schedules and deadlines are limited to what the Department considers to be essential for program operation. Since the proposed rule offers immunity from legal liability if specified standards necessary for ensuring the physical health of occupants are met, the compliance standards must be uniform for all parties and cannot be lessened simply because a structure's owner meets the statutory definition of a small business.
Fees were established at levels expected to be sufficient to support the program and slowly repay GPR startup funds authorized by the legislation, without providing an excess of funds. Since many certification disciplines and all instructor approvals and course accreditations are issued for 2 years, the Department also had to consider fees that would be sufficient if revenues received in one year of the 2-year cycle were substantially greater than in the other year of the 2-year cycle.
Summary of Comments of Legislative Standing Committees
The Department submitted the legislative report, including final proposed rules, to the presiding officers on August 30, 2001. The rules were assigned to the Assembly Committee on Housing and the Senate Committee on Universities, Housing and Government Operations. While neither committee held a hearing on the final proposed rules, Senator Erpenbach and Representative Sykora asked to meet with the Department regarding the rules. In addition, the Department submitted germane modifications to the final proposed rules on October 29th, November 11th and 27th and December 11th, 2001.
An order affecting ch.
HFS 90, relating to early intervention services for children with developmental needs in the age group from birth to 3.
Effective 3-1-02
Summary of Final Regulatory Flexibility Analysis
The revision of ch.
HFS 90 will decrease the number of forms county administrative agencies are required to complete and the number of calculations agencies are required to perform as part of their billing and collection responsibilities under the Birth to 3 Program. Counties may delegate their billing and collection responsibilities to a service provider by written agreement. Occasionally, service providers are small businesses as defined under s.
227.114 (1) 9a), Stats. Since county administrative agencies have ultimate responsibility for the paperwork associated with determining parental cost share and, through these proposed rules, the Department is proposing to ease the administrative burden of the program, the Department has not proposed specific exemptions from these requirements for small businesses.
Summary of Comments of Legislative Standing Committees
No comments received.
