Section 31: The title of TA Subchapter IV is amended from “Hearings" to “Hearings and Briefs."
Section 32: TA 1.51 (1), (2) and note are amended to place the statutory reference in the note and to require a longer notice period for a hearing.
Section 33: TA 1.51 (3), (4), (5) and note are created to codify the commission's practice of exchanging witness names and exhibits prior to a hearing, to codify the commission's practice in allowing telephonic testimony as allowed by Wis. Stat. §
807.13, and to provide a penalty for unreasonable conduct by a party in a hearing.
Section 34: TA 1.53 and note are amended to clarify that evidence may be excluded at the presiding commissioner's discretion and for consistency.
Section 35: TA 1.55 (1), (2), (3) and (4) are amended to reflect that recordings are no longer recorded exclusively on “tape," to allow for the use of different methods of recording in the future, and to reflect the commission's current practices regarding recordings and transcripts. The note following TA 1.55 (1) is amended for consistency and to state the correct statutory authority for recording contested hearings in Wis. Stat. §
227.44 (8).
Section 36: TA 1.57 (1) and (2) are amended to remove unnecessary language and to provide the method for disregarding briefs that are filed after the time designated by the commission.
Section 37: TA 1.57 (3), (4), (5) and (6) are created to provide specific guidelines for filing briefs with the commission.
Section 38: TA 1.61 and note are repealed in favor of TA 1.001.
Section 39: TA 1.63 (1) is renumbered and amended and the note is amended to simplify this rule and conform it more closely to Wis. Stat. §
73.01 (4) (am).
Section 40: TA 1.63 (2) and (3) are repealed to simplify TA 1.63 and conform it more closely to Wis. Stat. § 73.01 (4) (am).
Comparison with federal regulations
There are no federal regulations governing practice and procedure before the commission. The commission's rules are analogous to the rules of the U. S. Tax Court, and the commission consulted those rules in drafting these rule changes. However, as a state administrative agency, the commission's rules of practice and procedure are much less restrictive that the Tax Court's rules.
Comparison with rules in adjacent states
Adjacent states have various entities that review state tax appeals that range from a state tax court in Minnesota to a hearing division within the Departments of Revenue in Iowa and Illinois. These entities have procedures for hearings that are generally comparable to those of the commission.
Summary of factual data and analytical methodologies
The commission has not collected any data nor adopted a methodology in connection with its development of these proposed rule changes. The proposed changes generally are intended to simplify and clarify a number of rules, bring the rules into conformity with applicable precedent and the commission's current practices, and update the rules to reflect changes in technology.
Analysis and supporting documentation used to determine effect on small business
The commission has not collected any data in connection with its determination of the impact of these proposed rule changes on small business or in preparation of an economic impact report.
Effect on Small Business
The commission's rules of procedure affect small businesses in that they may become parties to cases pending before the commission.
The proposed changes are not anticipated to have any significant effect on small businesses. These changes may benefit small businesses that come before the commission in that they will simplify and clarify existing procedural rules and enable the commission to operate more efficiently. The commission has not prepared an economic impact report.
Fiscal Estimate
Due to the nature of the proposed changes, the commission expects that the fiscal impact of the changes will be negligible.
Copies of Proposed Rule
The proposed rule-making order is posted on the Commission's webpage and may be downloaded at
www.wisbar.org under the
Legal Research—Wisconsin—Tax Appeals Commission tab, or may be obtained from the Commission upon request. The rule changes in the proposed rule-making order are not anticipated to have any significant effect on small businesses. The fiscal impact of these rule changes is expected to be negligible.
Agency Contact Person and Submission of Written Comments
The Commission's contact person for questions regarding the proposed rule changes is David C. Swanson, Chairperson, Tax Appeals Commission, 5005 University Avenue, Suite 110, Madison, WI 53705; telephone: 608-266-1391; email:
davidc.swanson@wisconsin.gov. Written comments also may be sent by mail to that address, by email to
TAC@wisconsin.gov, or by facsimile to 608-261-7060. The deadline for the submission of written comments is September 17, 2008.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
84.01 (2),
227.10 (1),
227.11 (2) (a),
342.255 (3),
349.26,
340.01 (36r),
341.04 (1) and
341.297 (1), Stats., and interpreting ss.
349.26,
341.04 (1),
341.297 (1), Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 145, Wisconsin Administrative Code, relating to neighborhood electric vehicles.
Hearing Information
Date:
|
Location:
|
October 15, 2008
at 10:00 a.m.
|
Room 144-B, Hill Farms State
Transportation Building
4802 Sheboygan Avenue
Madison, Wisconsin
|
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Current law prohibits the operation of any motor vehicle on any public road unless the motor vehicle is registered, or for which registration application is made. The Department of Transportation is required to issue biennial registration for a neighborhood electric vehicle for which it receives a proper application. Municipalities may authorize the operation of neighborhood electric vehicles on public roads under its jurisdiction having a speed limit of 35 miles per hour or slower. Current law contains no specific prohibition against the driver of a neighborhood electric vehicle operating on any public road not approved by the municipality for such operation. The Department concludes that the registration of a neighborhood electric vehicle is effective only on public roads authorized by municipalities for such travel, and that traveling on any other public road is done without valid registration.
Related statute or rule
Plain language analysis
Section
349.26, Stats., allows a city, town or village by ordinance to authorize operation of Neighborhood Electric Vehicles (NEVs) on its roadways that have speed limits of 35 mph or less. The law specifies that the ordinance may apply to State Trunk Highways (STH) in only two circumstances: (1) crossing an STH at a location approved by DOT; or (2) traveling longitudinally upon a connecting highway segment approved by DOT.
While s.
349.26, Stats., implies that NEVs cannot operate on local roads not specified in the ordinance or at any unapproved location on STHs, statutes do not specifically prohibit NEV operation on those roads. Sections
341.25 (1) (b) and
341.297, Stats., establish NEV registration under Chapter
341, Stats. Because NEVs bear DMV-issued registration plates, NEVs traveling on unapproved roads may appear to violate no laws, despite s.
349.26 restriction on approved roads for NEV operation. This proposed rule clarifies that NEV registration is valid only on approved roads under s.
349.26, Stats.
Comparison with federal regulations
Federal motor vehicle safety standards, promulgated by the National Highway Traffic Safety Administration, define an NEV as a lightweight, four-wheeled motor vehicle incapable of exceeding a top speed of 25 miles per hour. The federal regulations do not address registration and operation of NEVs, leaving that to states to determine.
Comparison with rules in adjacent states
Michigan: An NEV (low speed vehicle) may not be operated on any street with a posted speed limit greater than 35 mph. A low speed vehicle may cross a street with a posted speed limit greater than 35 mph. Low speed vehicles are required to be registered by the state.
Minnesota: An NEV may not be operated on a street with a posted speed limit greater than 35 mph. An NEV may cross a street with a posted speed limit greater than 35 mph. NEVs are required to be registered by state.
Illinois: An NEV may not be operated on a street with a posted speed limit greater than 35 mph. An NEV may cross a street with a posted speed limit greater than 35 mph, only at an intersection. NEVs are required to be registered by state.
Iowa: An NEV (low-speed vehicle) may not be operated on a street with a posted speed limit greater than 35 mph. A low-speed vehicle may cross a street with a posted speed limit greater than 35 mph. Low-speed vehicles are required to be registered by state.
Summary of factual data and analytical methodologies
This proposed rule clarifies that NEVs, while registered under ch.
341, Stats., are authorized to operate only on roadways authorized under local ordinance, under s.
349.26, Stats. The Department uses only this statutory intent in determining this proposed rule.
Analysis and supporting documentation used to determine effect on small businesses
This rule clarifies that NEV operation is only allowed on roadways designated by local authorities under s.
349.26, Stats. Any NEV owner, including any small business, is subject to the same operation limitations.
Effect on Small Business
This proposed rule will have no effect on small business other than limitation on NEV operation to which all NEV owners are subject. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@ dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
Summary
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person, Copies of Proposed Pule and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any comments should be submitted to Carson P. Frazier, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state. wi.us. You may also request copies of the proposed rule from Ms. Frazier.
