Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules that make minor remedial drafting changes to a number of department rules. The hearing will be held at the time and place shown below. The public is invited to attend the hearing and make comments on the proposed rules. Following the public hearing, the hearing record will remain open until March 10 2004, for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-5023. Copies will also be available at the hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by February 15, 2004 by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
One hearing is scheduled:
Wednesday, March 3, 2004, 1:00 p.m. until 3:00 p.m.
Wisconsin Department of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss.
93.07 (1),
92.05 (3) (c),
92.14 (8),
93.50 (2) (f),
94.72 (13) (a),
95.197 (2),
95.71 (8),
97.09 (4),
97.20 (4),
97.22 (8),
97.41 (2) and
(5),
98.03 (2) and
98.18 (2), Stats.
Statutes Interpreted: ss.
92.05,
92.14,
94.72,
95.197,
95.71,
97.20,
97.22,
97.41,
98.03,
98.18 and
93.50, Stats.
This rule makes minor technical changes to a number of rules administered by the department of agriculture, trade and consumer protection (“DATCP"). This rule does all of the following:
•Changes current DATCP procedures for reimbursing Johne's disease testing costs. This technical change will make it easier for farmers to obtain reimbursement of testing costs.
•Updates technical standards that are incorporated by reference in current feed rules (ch.
ATCP 42, Wis. Adm. Code). The updates refer to the latest edition (2004) of the official publication of the Association of American Feed Control Officials. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Changes current dairy plant rules (ch.
ATCP 80, Wis. Adm. Code) to reflect the fact that DATCP, rather that the Department of Health and Family Services (DHFS), is now responsible for all of the following:
- Certifying dairy laboratories, and approving analysts to perform drug residue tests on milk. See ch.
ATCP 77, Wis. Adm. Code. The Legislature transferred this function from DHFS to DATCP (1995 Wis. Act. 27).
- Performing grade A milk certification audits for purposes of grade A interstate milk shipments. The Legislature transferred this function from DHFS to DATCP (
2003 Wis. Act 33).
•Changes current dairy farm and dairy plant rules (chs.
ATCP 60 and
80, Wis. Adm. Code) to make the rules consistent with current federal standards. This includes minor technical changes related to thermometers, pasteurization procedures, and multi-use plastic retail containers. This rule also updates technical standards incorporated by reference in the dairy plant rules (ATCP 80 Appendix A). The updates refer to the latest editions of 3-A Sanitary Standards and Accepted Practices published jointly by the International Association of Milk, Food and Environmental Sanitarians, Inc. and the United States Food and Drug Administration. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Updates technical standards that are incorporated by reference in current weights and measures rules (ch.
ATCP 92, Wis. Adm. Code). The updates refer to the latest editions (2004) of current weights and measures handbooks published by the National Institute of Standards and Technology. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Repeals and recreates current farm mediation and arbitration rules (ch.
ATCP 162, Wis. Adm. Code). The farm mediation and arbitration board, which was attached to DATCP for administrative purposes, originally adopted the current rules to govern the farm mediation and arbitration program under s.
93.50, Stats. However, the legislature subsequently abolished the farm mediation and arbitration board, transferred the program to DATCP, and expanded the scope of the program. This rule repeals the current rules and recreates them as DATCP rules. This rule also makes minor modifications to the current rules, to reflect statutory changes in the program and to reflect current policies and practices.
•Corrects typographical errors and cross-references, and makes other non-substantive drafting and organizational changes to current rules.
Fiscal Estimate
This rule makes minor technical changes to a number of existing rules. This rule will have no fiscal effect on the department or local units of government.
Initial Regulatory Flexibility Analysis
This rule will have no impact on small business.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
221.0704 and
227.11 (2), Stats., and interpreting s.
221.0704, Stats., the Department of Financial Institutions, Division of Banking, will hold a public hearing at the Department of Financial Institutions, Division of Banking, 5
th Floor Conference Room, 345 W. Washington Avenue in the city of Madison, Wisconsin, on the
12th day of February, 2004, at 1:30 p.m. to consider the creation of a rule relating to the process for the organization of interim banks.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
An order to create ch. DFI—Bkg 17, relating to the process for the organization of interim banks in accordance with ch.
221, Stats. Statutory authority: ss.
221.0704 and
227.11 (2), Stats. Statutes interpreted: s. 221. 0704, Stats. Summary: The purpose of the rule is to set forth the process for the organization of interim banks under ch.
221, Stats. The rule establishes documentation to be submitted to and issued by the division, and requirements regarding dissenters rights, capital structure and shareholders notices. Agency person to be contacted if there are substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. Agency person responsible for the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.03 (4), relating to the practical examination, NAPLEX and the multi-state pharmacy jurisprudence examination.
Hearing Date, Time and Location
Date: February 11, 2004
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 291
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 20, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
