Rule-Making Notices (Hearing Notices)

Small Business Impact

The rules are not expected to impose significant costs or other adverse impacts on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue grants, loans or tax credits for economic development.

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rules.

Businesses that receive economic development grants, loans or tax credits administered by the Department.

Reporting, bookkeeping and other procedures required for compliance with the rules.

Businesses that receive economic development grants or loans administered by the Department would need to submit a statement to the Department in accordance with a format and timeline specified in a corresponding contract with the Department.

Types of professional skills necessary for compliance with the rules.

No new professional skills are necessary for compliance with the rules.

Rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler at [e-mail], or telephone [phone].

Environmental Impact

The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The contracts and reporting addressed in the rules are substantially similar to contracts and reporting that the Department currently requires in conjunction with administering economic development grants, loans and tax credits — and therefore are not expected to have any significant fiscal effect on the Department.

The rules are not expected to impose any significant costs on local governments or the private sector, because preparation of the statements that are addressed in the rules is not expected to have a significant new cost.

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal implications

None known.

Agency Contact Person

Sam Rockweiler, Wisconsin Department of Commerce, Division of Environmental and Regulatory Services, 201 West Washington Avenue, Madison, WI, 53703; telephone: [phone]; E-Mail: [e-mail].

Notice of Hearing

Employee Trust Funds

rulemaking_notices CR 09-047 CR 09-047

The Wisconsin Department of Employee Trust Funds proposes an order to amend section ETF 11.11, relating to legal counsel advising the boards that are attached to the department while a board considers a final decision pertaining to an appeal.

Hearing Information

A public hearing on this proposed rule will be held as follows:

Date and Time	Location
August 13, 2009	Conference Room GB
1:00 p.m.	Dept. of Employee Trust Funds
	801 West Badger Road Madison

Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.

Copies of Proposed Rule

Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. The telephone number is: [phone].

Submission of Written Comments

Written comments on the proposed rule may be submitted to David Nispel, General Counsel, Department of Employee Trust Funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on August 13, 2009.

Analysis Prepared by the Department of Employee Trust Funds

Statute interpreted

Section 40.03, Wis. Stats.

Statutory authority

Sections 40.03 (2) (i), (ig), (ir) and 227.11 (2) (a), Wis. Stats.

Explanation of agency authority

By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch. 40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.

Related statute or rule

Ch. ETF 11, Wis. Admin. Code, establishes a procedure for the review of appealable department determinations by the board responsible for the subject matter. Section 40.03 (3) provides that the department of justice shall provide legal counsel and prosecute and defend all actions brought by or against the boards or the department. There are no other related administrative rules or statutes.

Plain language analysis

The purpose of this rule is to allow board staff to arrange for legal counsel for the boards as deemed necessary and in accordance with Wis. Stat. s. 40.03, to provide that the legal counsel shall provide legal representation to the board, and to provide the boards with additional flexibility in the use of legal counsel.

Comparison with federal regulations

There are no existing or proposed federal regulations that directly pertain to this proposed rule.

Comparison with rules in adjacent states

The department did not locate any comparable rule or statute in any adjacent states.

Summary of factual data and analytical methodologies

Currently s. ETF 11.11 provides that board staff arrange for legal counsel to advise the boards attached to the department from one of three sources: 1) the Department of Justice, if the department is a party to the appeal; 2) the department's chief counsel, if the department is not a party to the appeal; and 3) outside counsel, if neither the department's chief counsel nor the Department of Justice is able to provide legal counsel. The current rule also prescribes a number of specific duties of the legal counsel.

The proposed revision would allow board staff to arrange for legal counsel for the boards as deemed necessary and in accordance with Wis. Stat. s. 40.03 (3). In addition, the proposed rule would simply provide that the legal counsel shall provide legal representation to the board, rather than specifying specific duties. These changes will provide the boards with additional flexibility in using legal counsel services.

Analysis and supporting documents used to determine effect on small business

The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.

Small Business Impact

There is no effect on small business.

Fiscal Estimates

The rule will have no effect on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities or revenues. The rule will have no effect on state funds.

Text of Proposed Rule

SECTION 1. ETF 11.11 (1) and (2) are amended to read:

ETF 11.11 Counsel for the board. (1) In accordance with Wis. Stat. s. 40.03 (3), Bboard staff shall arrange for legal counsel to advise the board during its consideration of a final decision., as follows:

(a) In any appeal to which the department is a party, legal counsel shall be requested from the department of justice.

(b) In any appeal to which the department is not a party, legal counsel shall be requested from the department's chief counsel.

(c)If neither the department of justice or the department's chief counsel are able to provide legal counsel, board staff shall follow the appropriate procedures for hiring outside counsel familiar with administrative law and ch. 40, Stats.

(2) Any legal counsel asked to represent the board under sub. (1) shall fully disclose any real or apparent conflict of interest to the board chair and state whether counsel is able to render objective advice to the board. The board chair may waive the conflict on behalf of the board.

SECTION 2. ETF 11.11 (3) is repealed and recreated to read:

(3) Counsel appointed under sub. (1) shall provide legal representation to the board including:

(a) Advising the board during its deliberations and making specific recommendations for action by the board and

(b) Drafting findings of fact and conclusions of law.

Agency Contact Person

Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address: [e-mail]. The telephone number is: [phone].

Notice of Hearing

Employee Trust Funds

rulemaking_notices CR 09-048 CR 09-048

The Wisconsin Department of Employee Trust Funds proposes an order to amend section ETF 11.15 (4), relating to the agent for service of process upon the boards that are attached to the department.

Hearing Information

A public hearing on this proposed rule will be held as follows:

Date and Time	Location
August 13, 2009	Conference Room GB
1:00 p.m.	Dept. of Employee Trust Funds
	801 West Badger Road Madison

Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.

Copies of Proposed Rule

Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: [phone].

Submission of Written Comments

Written comments on the proposed rule may be submitted to David Nispel, General Counsel, department of employee trust funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the department of employee trust funds no later than 4:30 p.m. on August 13, 2009.

Analysis Prepared by the Department of Employee Trust Funds

Statute interpreted

Section 40.03, Wis. Stats.