Scope statements
Financial Institutions - Corporate and Consumer Services
Subject
Rules relating to UCC search requests.
Policy Analysis
Objective of the rule. The objective of the rule is to repeal and recreate s. DFI—CCS 5.04. Under current law, in creating search results for records of UCC documents filed with the department, certain standardized search logic is applied to the name presented to the filing officer by the person requesting the search. The purpose of this rule is to set forth, in recreated s. DFI—CCS 5.04, revised standardized search logic. Under the proposed rule, the standardized search logic set forth more accurately reflects the methodology used.
Comparison with federal regulations
None.
Statutory authority
Entities affected by the rule
Any persons or entities conducting UCC searches.
Staff time required
100 hours.
Health and Family Services
Subject
The Department of Health and Family Services proposes to revise ch.
HFS 85, relating to non-profit corporations as guardians.
Policy Analysis
Objective of the rule. Chapter
HFS 85 establishes criteria by which the Department of Health and Family Services finds a non-profit corporation suitable to serve as guardian of persons who are determined by a court to be incompetent. Criteria include the number of wards a corporation is authorized to assume for guardianship, the number of staff needed to carry out the responsibilities of a guardian, staff qualifications, either by training or by experience, proof of financial stability, conflict of interest standards and the frequency of personal contact with wards. The rule also contains provisions for the Department to withdraw its finding of suitability if the corporate guardian no longer meets the eligibility criteria, and the rule provides appeal rights for any party adversely affected by this action.
The Department proposes to revise Chapter
HFS 85 for the following reasons.
A. To reflect current standards of practice for corporate guardianships in the areas of staff qualification and training, caregiver background checks, adequacy of staff, contacts with wards and conflicts of interest standards.
B. To include requirements for corporate guardians to maintain agency policies in the areas of abuse and neglect prevention, complaint and grievance investigations, and advance directives.
C. To reflect the increase in the number of adults in need of guardianship and the increase in their acuity level.
D. To incorporate recent changes to
2005 Wisconsin Act 387 to ch.
880, Stats., relating to the limitation on the number of wards of a corporate guardian.
Comparison with federal regulations
There are no comparable federal regulations.
Statutory authority
Entities affected by the rule
Entities that may be affected by the proposed rule include non-profit corporate guardians and their wards, advocacy groups including Disability Rights Wisconsin, Inc., and the Coalition of Wisconsin Aging Groups, County Adult Protective Services staff including County Departments of Social Services, Human Services and Community Programs and County Registers in Probate.
Staff time required
The Department estimates that it will take approximately 100 hours to develop the proposed rule. The Department will seek the participation of Disability Rights Wisconsin, Inc.; the Coalition of Wisconsin Aging Groups; the Wisconsin Guardianship Association; County Adult Protective Services staff; and County Registers in Probate.
Transportation
Subject
Objective of the rule. This rule making will amend s.
Trans 102.15 for proof of name and date of birth, identity, residency, and Social Security number. The rules limit documents satisfactory to prove identity and residency in this state to be consistent with other states and standards established by the American Association of Motor Vehicle Administrators (AAMVA).
Policy Analysis
All original applicants for a driver's license or identification card are required to provide proof of name and date of birth, identity, and residency. This rule making changes the list of documents that can be accepted for proof of name and date of birth, identity, and residency to be consistent with other states with legal presence.
Comparison with federal regulations
Proposed changes will move Wisconsin towards compliance with the federal REAL ID Act of 2005 (P.L.
109-13).
Entities affected by the rule
None.
Statutory authority
Staff time required
Two weeks.
Workforce Development
Subject
Enforcement of Apprentice Contracts.
Policy Analysis
The current procedure for enforcement of an apprentice contract allows any person alleging that an apprentice contract has not been complied with to file a complaint with the division. The division may investigate the complaint and attempt to resolve it by conference, conciliation, and persuasion. If the division is unable to resolve the complaint by conference, conciliation, or persuasion, it notifies the parties. If the complaint requested that the division cancel the apprentice contract, the notice informs the parties that the apprentice contract will be cancelled 20 days from the date of the notice, unless any party receiving the notice makes a request to the division in writing for a hearing on the matter.
The department, the Apprenticeship Advisory Council, and apprenticeship customers agree that there is a timeliness problem with the current procedure. The current conciliation process takes 5-6 months and the full appeal process takes 9 months to one year. During this time, the apprentice stays in apprenticeship status, they are in at the time of the appeal. If in an active status, apprentices who have failed school still attend school, and apprentices who have demonstrated that they are not capable of doing the work still need to be placed at job sites.
The proposed rule repeals the conference, conciliation, and persuasion provision. If a party to an apprentice contract wants to cancel the contract, the department will send an intent to cancel letter. The apprentice has 20 days to object and explain why the contract should not be cancelled. If the department receives a timely objection, it will conduct an investigation. If the investigation supports cancellation, the apprentice will be promptly cancelled . The apprentice may appeal the decision but the apprenticeship will remain cancelled throughout the appeal process.
The proposed rule will also require that a hearing be transcribed and allow a party to obtain a copy of the transcript by purchasing a copy from the transcription agency. The current rule does not require transcription unless a written request is made by any party. However, under current practice, the hearing examiners generally request a transcription. A written transcript also supports administrative review. In addition, the proposed rule will replace the term “indenture agreement" with “apprentice contract," replace “division" with “department," and replace “journeyman" with “journey worker."
Statutory authority
Entities affected by the rule
Apprentices, apprentice sponsors, and labor unions.
