GAB 4.04 Observers at absentee ballot canvass.
(1)
In a municipality using a central absentee ballot canvass location under s.
7.52, Stats., observers shall be permitted to be present at the canvass location.
(2)
Observers shall conform their conduct to the requirements of s.
GAB 4.01. The board of absentee ballot canvassers shall exercise the authority of the chief inspector under s.
GAB 4.01 to regulate observer conduct.
(3)
The board of absentee ballot canvassers shall establish observation areas to allow observers to view all public aspects of the canvassing process.
(4)
If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of absentee ballot canvassers, threatens the orderly conduct of the count, the board of absentee ballot canvassers shall issue a warning under s.
GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s.
GAB 4.01 (10).
(5)
Observers shall be permitted to use a video or still camera inside the absentee canvass location unless it is disruptive or interferes with the administration of the absentee ballot canvass.
(6)
All of the observers' questions and challenges shall be directed to the member of the board of absentee ballot canvassers designated to receive questions and challenges.
GAB 4.05 Observers at absentee voting locations described in s. 6.875, Stats.
(1)
One observer from each of the two political parties whose candidate for governor or president received the greatest number of votes in the municipality, in the last general election, may accompany the special voting deputies to absentee voting locations described in s.
6.875, Stats.
(2)
Observers shall conform their conduct to the requirements of s.
GAB 4.01. The special voting deputies shall exercise the authority of the chief inspector under s.
GAB 4.01 to regulate observer conduct.
(3)
The special voting deputies shall establish observation areas to allow observers to view all public aspects of the absentee voting process.
(4)
If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the special voting deputies, threatens the orderly conduct of the absentee voting process, the special voting deputies shall issue a warning under s.
GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s.
GAB 4.01 (10).
(5)
Observers shall not be permitted to use a video or still camera inside the voting location.
(6)
All of the observers' questions shall be directed to the special voting deputies.
GAB 4.06 Observers at a recount.
(1)
Pursuant to s.
9.01 (1) (b) 11., Stats., the recount of any election shall be open to any interested member of the public including candidates and their counsel.
(2)
Observers shall conform their conduct to the requirements of s.
GAB 4.01. The board of canvassers shall exercise the authority of the chief inspector under s.
GAB 4.01 to regulate observer conduct.
(3)
The board of canvassers may limit observers to a designated area, but the observers shall be positioned so that they can see the poll lists and each individual ballot as it is counted. If there is not room for all observers to view the ballots as they are being counted, visual preference shall be given to the candidates or their representatives.
(4)
If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of canvassers, threatens the orderly conduct of the count, the board of canvassers shall issue a warning under s.
GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s.
GAB 4.01 (10).
(5)
Observers shall be permitted to use a video or still camera inside the recount location unless it is disruptive or interferes with the administration of the election.
(6)
All of the observers' questions and challenges shall be directed to the member of the board of canvassers designated to receive questions and challenges.
GAB 4.07 Communications media observers.
(1)
Observers from communications media organizations shall identify themselves and the organization they represent to the chief inspector upon arriving at the polling place. The inspector shall record that information on the inspectors' statement, EB-104.
(2)
Communications media observers shall be permitted to use video and still cameras provided there is no objection from the chief inspector or a voter who may be photographed and the cameras are not used in a manner that allows the observer to see or record how an elector has voted.
GAB 4.08 Polling Place Accessibility Assessments.
(1)
This section applies to disability advocates and other individuals authorized by the board to assess the compliance of a polling place with s.
5.25 (4) (a), Stats.
(2)
When practical, groups and individuals observing under this section shall notify the clerk at least 24 hours in advance of their intent to assess polling place accessibility.
(3)
Disability advocate observers shall be allowed out of the designated observation area to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.
(4)
Disability advocate observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.
(5)
Disability advocate observers shall be allowed to wear shirts or name tags identifying themselves as disability advocate observers.
(6)
Election officials, including poll workers, shall facilitate the work of disability advocates in making their accessibility assessments.
Notice of Hearing
Health Services
(Formerly Health and Family Services)
Community Services, Chs.
HFS 30—
NOTICE IS HEREBY GIVEN that pursuant to s.
46.056 (1) and
227.11 (2) (a), Stats., the Wisconsin Department of Health Services proposes to repeal and recreate Chapter
DHS 97, relating to complaint procedures for inmates of the Wisconsin Resource Center.
Hearing Information
Date and Time
|
Location
|
November 25, 2008
9:00 to 11:00 a.m.
|
Wisconsin Resource Center
Administration Building
Room AB-102
1505 North Drive
Winnebago, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
46.056 (1) Stats., authorizes the Department of Health Services (DHS) to establish the Wisconsin Resource Center (WRC) and gives DHS the responsibility for administering WRC as a correctional institution. Chapter 227.11 (2) (a), Stats., gives state agencies general rulemaking authority to effectuate the purpose of a statute enforced or interpreted by the agency.
Related statute or rule
Plain language analysis
DHS proposes to repeal and recreate ch.
DHS 97 to adopt ch.
DOC 310, except where stated, as the process for handling inmate complaints in order to facilitate the following:
1.
Eliminate the need for coordination and duplication of effort to keep ch.
DHS 97 and ch.
DOC 310 synchronized.
2.
Eliminate ambiguity about the applicability of ch.
DOC 310 to WRC inmates.
3. Allow the Department of Corrections (DOC) to continue to be involved in decision-making regarding inmate complaints at WRC for the purposes of continuity.
4.
Eliminate the confusion that s.
DHS 97.14 causes by bringing the DHS Secretary into the decision-making process, but not linking that decision to that of the DOC Secretary.
DHS administers the Wisconsin Resource Center under s.
46.056 (1), Stats., as a correctional institution that provides psychological evaluations, specialized learning programs, and training and supervision for inmates whose behavior poses a serious threat to themselves or others in state prisons and whose mental health needs can be met at WRC. The inmates housed at WRC are prison inmates under the authority of DOC and are secured by DOC correctional officers.
Although existing ch.
DHS 97 largely parallels the process for handling inmate complaints under ch.
DOC 310, there is ambiguity about the applicability of ch.
DOC 310 to the inmates at WRC. There are also issues with coordination and duplication of efforts when ch.
DOC 310 is revised, in maintaining ch.
DHS 97. Therefore, DHS and DOC have determined that the interests and input of the DHS can be best accommodated by repealing and recreating ch.
DHS 97 to adopt ch.
DOC 310, and address only necessary differences.
Comparison with federal regulations
DHS knows of no federal regulations that relate to the subject matter of ch.
DHS 97. There are certain federal statutory standards a state correctional grievance system must meet in order for state inmates to be required to exhaust those administrative remedies before filing a federal lawsuit challenging conditions of confinement. DHS believes the process established under ch.
DOC 310 and the proposed rules satisfy those federal statutory requirements.
Comparison with rules in adjacent states
Minnesota:
Rule 2911.2900 only requires a grievance procedure. The actual procedure is not codified in the administrative code.
Iowa:
IAC 50.21 (3) only requires a grievance procedure. The actual procedure is not codified in the administrative code.
Michigan:
Michigan Admin Code R. 791.718 concerning grievances only requires a grievance procedure. The actual procedure is not codified in the administrative code .
Illinois:
77 Ill. Adm. Code 504.800 to 504.870 includes Illinois' inmate grievance process. The process is substantially similar to the grievance process under ch.
DOC 310.
Summary of factual data and analytical methodologies
The proposed rules were developed by DHS and DOC to better integrate processes for handling inmate complaints.
Small Business Impact
Chapter
DHS 97 does not affect businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The proposed rule would not have a fiscal impact on the DHS or DOC as the change is largely technical in nature.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on December 4, 2008.
Copies of Proposed Rules
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Admin. Rules Website at
http://adminrules.wisconsin.gov or by contacting the person listed below.
Agency Contact Person
Byran Bartow
Wisconsin Resource Center
1505 North Drive, Box 16
Winnebago, WI 54985
Phone: (920) 236-4180
Email:
Bartobd@dhfs.state.wi.us.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Stats., and subchapter VII of ch.
440, Stats., and interpreting s.
440.88, Stats., the Department of Regulation and Licensing will hold a public hearing to consider an order adopting emergency rules to repeal RL 161.04 (3) (e); to renumber and amend RL 161.04 (3) (a) 1.; and to create RL 161.04 (3) (a) 2. and a Note following RL 161.04 (3) (a) 2., relating to examinations for substance abuse professionals.
Hearing Information
Date: November 11, 2008
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
Madison, Wisconsin
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
