Scope statements
Health and Family Services
Subject
To create chapter HFS 43, to establish appeal procedures relating to agency determinations of child abuse or neglect.
Policy analysis
Currently, county departments of human services or social services (county department), the department, or licensed child welfare agencies under contract with either a county department or the Department of Health and Family Services (DHFS) must determine, after receipt of a report of suspected or threatened child abuse or neglect, whether abuse or neglect has occurred or is likely to occur. Recent revisions to the federal Child Abuse Prevention and Treatment Act (CAPTA), require that if the agency makes a determination that a specific person is responsible for the abuse or neglect, that person may appeal the determination.
In addition, recently enacted s.
48.981 (3) (c) 5m., Stats., require that the agency making the determination, within 15 days of the date of the determination, give the person against whom a determination has been made written notification of the determination, the right to appeal the determination, and the procedure for appealing the determination. Section
49.981 (3) (c) 5m., Stats., further requires that DHFS promulgate administrative rules establishing procedures for conducting an appeal of a determination that a specific person has abused or neglected a child. The rules must include a procedure permitting an appeal to be held in abeyance pending the outcome of any criminal or child in need of protection or services (CHIPS) proceeding based on the alleged abuse or neglect or any investigation that may lead to the filing of a criminal complaint or a CHIPS petition based on the alleged abuse or neglect.
The DHFS, in a proposed rulemaking order, will establish and propose procedures in accordance with the federal Child Abuse Prevention and Treatment Act and s.
48.981 (3) (c) 5m., Stats.
Statutory authority
Staff time required
Bureau of Program & Policies staff 120 hrs
Other Division of Children & Family Services staff - 20 hrs
OLC staff 20 hours
Insurance
Subject
Regarding Section
Ins 17.285 (14), Wis. Adm. Code, relating to patients compensation fund peer review council members' and consultants' expenses.
Objective of the rule. To establish by rule the rate of compensation to be paid to members and consultants of the patients compensation fund peer review council as provided in s.
655.275 (10) of the Wisconsin statutes
Policy analysis
The 1999 revision to s.
655.275 (10) requires the Commissioner to establish by rule the rate of pay for peer review members and consultants. The Commissioner in the development of this rule will review past amounts paid for members and consultants expenses and determine a reasonable compensation rate for members and consultants services to the council.
Statutory authority
Staff time required
20-30 hours.
Natural Resources
Subject
Establishment of the 2002 migratory game bird hunting seasons in ch.
NR 10.
Policy analysis
The proposed rule changes the basic migratory game bird hunting season rule to comply with changes required by the U.S. Fish and Wildlife Service and suggested by the public during the hearing process.
Statutory authority
Staff time required
The Department will need approximately 105 hours.
Natural Resources
Subject
Annual adjustment of timber stumpage rates in s.
NR 46.30 and additional language adjustments as needed for the administration of the Managed Forest and Forest Crop Laws.
Policy analysis
The stumpage rate changes are an annual process and not a policy issue. Industrial and non-industrial forest landowners in the two forest tax laws, towns and counties with forest tax lands and landowners interested in entering into the forest tax laws are all interested in what happens to the forest tax law stumpage tables.
Statutory authority
Staff time required
The Department will need approximately 50 hours.
Natural Resources
Subject
Revisions to ch.
NR 447 to specify violations of asbestos abatement and management rules that are subject to citation issuance and forfeiture collection.
Policy analysis
Citation authority will allow DNR wardens to issue citations for clearly defined violations of the asbestos program. Issues that will potentially be raised by the regulated community will include citation forfeiture amounts.
Statutory authority
Staff time required
The Department will need approximately 225 hours.
Natural Resources
Subject
A rule to clarify provisions of ch.
NR 428 and to modify the emissions trading provisions for NOx to meet minimal criteria established by USEPA. After submitting ch.
NR 428 as a SIP revision to USEPA, USEPA published guidance on minimal expectations for emissions averaging and trading programs. In order to obtain EPA approval of WI's SIP revision under this guidance, NR 428 needs to be revised. The language of ch.
NR 428 needs to be modified to clarify and establish a minimal environmental benefit from averaging and trading and to establish a cap on mass emissions that is consistent with the emissions modeled in the attainment demonstration. After discussions with affected sources, two modifications to Ch.
NR 428 are being proposed. First, instead of a 30 day rolling average, an ozone season limit will be established for sources that participate in emissions averaging and trading. Second, a new definition will be established for re-powered units. Repowered units shall meet the requisite emission limits for new sources in ch.
NR 428, but will also be allowed to average and trade emissions consistent with the emissions cap and applicable emissions limits in ch.
NR 428. In addition, discussion with affected sources has revealed a need to define a coal to gas combustion process so an appropriate emission limit may be established.
Policy analysis
Policy issues to be resolved include appropriate emissions limit for newly defined units and compliance issues for units that choose to participate in emissions averaging and trading. Groups likely to be interested in the issue include the 3 existing utilities in the nonattainment area and industry and environmental groups with interest in our state implementation plan.
Statutory authority
