Scope statements
Health and Family Services
Subject
The purpose of this rule to clarify the timeframes for appeals of rehabilitation review decisions under ch.
HFS 12, administrative rules relating to caregiver background checks, and to clarify where these appeals must be filed, depending upon what agency makes the initial rehabilitation review decision.
Policy analysis
Under Wisconsin law, persons desiring to operate an establishment that cares for dependent persons or to be employed in such an entity must undergo uniform background information screening. The purpose of the background screening is to prevent persons with a history of abuse or neglect of clients of caregiving entities or of misappropriation of clients' property from having the opportunity to do so again. If the background checks indicate conviction of a related crime or indicates a governmental agency has made a finding of abuse, neglect or misappropriation against the person, that person is prohibited from the position they aspire to hold.
Under certain conditions, persons prohibited from holding a license or position due to an adverse conviction or finding in their background may seek to remove the employment or licensure bar by requesting what is known as a “rehabilitation review." Depending on which agency conducts the rehabilitation review, a panel of persons subsequently decides whether or not to approve, defer or deny the person's request for rehabilitation approval. If the rehabilitation approval is denied, that person may appeal the negative decision within 10 days. If that appeal is unsuccessful (i.e., the original denial is upheld), the person may request a further appeal under ch.
227 of the Wisconsin statutes.
Recently, the Department of Administration's Division of Hearings and Appeals has notified the Department that the current wording of s.
HFS 12.12 (5) (a), which specifies a 10-day limit for filing an appeal, applies only to the initial appeal opportunity, and does not apply to the timeframe for filing the ch.
227 appeal, leaving no time limit for filing ch.
227 appeals. The Division also maintains that, under ch.
68 of the Wisconsin statutes, second level appeals of rehabilitation approval denials made by counties should be made to the county, not to the Division of Hearings and Appeals.
To clarify the Department's intent that the 10-day limit applies to both levels of appeal, and to correct the information regarding appeals of county denials of initial appeals, the Department intends to amend ch.
HFS 12.12 (5).
Statutory authority
Sections
48.685 (1) (ag) 1. a.,
(2) (d),
(4),
(5) (a),
(6) (b) and
(c),
50.065 (1) (ag) 1. a.,
(d),
(f),
(2) (d),
(4),
(5),
(6) (b) and
(c), and
227.11 (2), Stats.
Staff time required
5 hours.
Insurance
Subject
Regarding Section
Ins 8.495, Wis. Adm. Code, relating to Small Employer Uniform Quote Form.
Objective of the proposed rule. The proposed rule is intended to develop a uniform quote form to be utilized by small employer insurers when providing preliminary quotes for small employer group health insurance.
Policy analysis
Currently each small employer insurer utilizes a different form that the small employer, or the license intermediary assisting the small employer, must complete in order to receive a preliminary premium quote from the small employer insurers. By developing a uniform quote form, the small employer would be required to complete just one form that would be accepted by all small employer insurers for use in providing a preliminary premium quote. This will increase the small employer's ability to receive multiple preliminary quotes with one form on a timely basis.
Statutory authority
Staff time required
100 hours.
Insurance
Subject
Regarding Section Ins 25, Wis. Adm. Code, relating to Safeguarding Nonpublic Information.
Objective of the proposed rule. To promulgate standards governing safeguarding of nonpublic personal information by licensees in accordance with the National Association of Insurance Commissioners (NAIC) Model Act and the Gramm-Leach-Bliley Act.
Policy analysis
The current rule does not specifically include requirements for regulated entities to have procedures for safeguarding nonpublic personal information in accordance with the NAIC Model Act. The new rule will codify the safeguarding elements of the federal law and facilitate compliance with federal safeguard regulations delineated within the Gramm-Leach-Bliley Act and the NAIC Model Act so that Wisconsin consumers' nonpublic personal information is properly safeguarded.
Statutory authority
Staff time required
100 hours.
Natural Resources
Subject
Ch.
NR 243, pertaining to Department regulations for animal feeding operations, including Wisconsin Pollutant Discharge Elimination System (WPDES) permit requirements for Concentrated Animal Feeding Operations (CAFOs).
Policy analysis
Policy issues to be resolved through the code revision process include determining appropriate changes to the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program for animal feeding operations in the state. In accordance with recently revised federal regulations (40 CFR, Parts
122,
123 and
412), the Department has until April 14, 2004, to incorporate regulations that are at least as stringent as the revised federal regulations into state administrative code. Additional changes are proposed to address manure runoff problems staff have observed with land application activities at WPDES permitted operations, clarify existing policies, codify standard permit conditions and provide efficiencies in the regulatory process.
Statutory authority
Staff time required
Approximately 530 hours will be needed by the Department. This includes staff hours from all involved programs (e.g., Watershed Management, Legal Services, Integrated Science Services).
Transportation
Subject
Objective of the Rule. This rule making proposes to amend ch.
Trans 152, relating to the Wisconsin Interstate Fuel Tax and International Registration Programs, by clarifying Department policies addressing application requirements, location of business, fees, collections and overdue billing issues. It supplements the changes included in a previous Scope Statement published October 1, 2000 regarding the implementation of the provisions of 1999 Wis. Act. 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.
Policy analysis
The current rule established policies concerning application requirements that apply only to the International Fuel Tax Agreement (IFTA). The rule also is not clear that the location of businesses applying for both IFTA and IRP must be located in Wisconsin. The penalties referenced for non-payment of fees under IFTA do not apply to overdue IRP accounts. In addition, the IFTA application and decal fees have remained unchanged since Wisconsin joined in July 1989. New language will be drafted to address the following issues:
1. Application requirements. Existing language regarding application requirements for the International Fuel Tax Agreement will be modified to cover the International Registration Plan as well. While proof of identification and residency are required under ch.
Trans 152 for applicants to IFTA, they do not cover the IRP.
2. Location of business. Provisions of the rule covering physical location of the business will be clarified by requiring that the business must be located within the state of Wisconsin.
3. Fees. The IFTA application and license fees and the IRP cab card and license plate administrative fees will be increased. These fees have remained unchanged since Wisconsin joined the IFTA in 1989 and the IRP in 1978.
4. Collections and overdue billing. Language will be added to ch.
Trans 152 defining the policy the Department will use, including penalties and fees, when customers do not submit IFTA and/or IRP payments to the Department by the due date.
Statutory authority
Staff time required
40 hours.
