Scope Statements
Health Services
Subject
Repeals Chapter
DHS 117, relating to fees for copies of health care provider records; Chapter
DHS 160, relating to the registration of sanitarians; and Chapter
DHS 253, relating to child support cooperation for food stamps; and revises Chapter
DHS 172, relating to the safety, maintenance and operation of public pools and water attractions.
Objective of the Rule
Policy Analysis
The legislature, under
2009 Act 28, established a fee schedule for medical record copies under ch.
146, Stats., which replaces the medical record copy fee schedule established by the department under ch.
DHS 117. The department will promulgate an order to repeal the entire ch.
DHS 117.
The legislature, under
2005 Act 25, transferred authority to regulate sanitarians to the department of regulation and licensing (DRL). DRL subsequently promulgated chs.
RL 174-
177 to regulate sanitarians. The department's rules for sanitarians are under ch.
DHS 160. The department will promulgate an order to repeal the entire ch.
DHS 160.
The legislature, under
2007 Act 20, repealed s. 49.79 (2) (a), Stats., the child support cooperation requirement for food stamp eligibility. The department's rules for implementing these requirements are under ch.
DHS 253. The department will promulgate an order to repeal the entire ch.
DHS 253.
The department of commerce repealed and recreated ch. Comm 90 (
Clearinghouse Rule 08-056) which resulted in the renumbering of various sections that chapter. Chapter
DHS 172 includes cross-references to a number of sections under ch.
Comm 90. The department will promulgate an order to update cross-references in ch.
DHS 172 and to clean up any non-substantive grammar or other errors.
Statutory Authority
Chapter 227.11 (2) (a), Stats.
Comparison with Federal Regulations
Not applicable. The changes considered under this Statement of Scope are to conform to state law or administrative code.
Entities Affected by the Rule
Medical records providers and requestors, public pool and water attraction owners and operators, the department of workforce development, department of regulation and licensing, sanitarians, and county agencies. It should be noted that the department is repealing chs.
117,
160, and
253 to conform to current state law. These repeals should have no effect on entities. The department's intended modifications to ch.
DHS 172 should not have an effect on entities.
Estimate of Time Needed to Develop the Rule
Staff time to develop the proposed rules is approximately 20 hours. No other resources will be used.
Contact Information
Rosie Greer
Office of Legal Counsel
Phone: (608) 266-1279
Hearings and Appeals
Subject
Revises Chapter
HA 2, relating to practice and procedure before the Division of Hearings and Appeals in corrections administrative hearings relating to revocation of community supervision.
Objective of the Rule
1. Change the definition of the term “client" to “offender" to conform to current practice in corrections administrative hearings before DHA.
2. Allow for issuance and receipt of documents by electronic mail.
3. Allow for subpoenas to be issued by agents employed by the Department of Corrections.
4. Specify the evidence to be considered at the hearing;
5. Specify the rights of an offender at the hearing;
6. Specify the identity information of a witness that may be withheld from the offender under certain conditions;
7. Allow for hearings to be conducted by telephone or video conference;
8. Delete outdated statutory references;
9. Allow for appeals to be dismissed if the opposing party does not receive a timely copy of the appeal;
10. Delete outdated amount charged for transcripts
Statutory Authority
Comparison with Federal Regulations
There is a no federal law on the specific issues addressed in the proposed rules.
Entities Affected by the Rule
The entities affected by the proposed rules are the Department of Corrections, persons on community supervision in the state of Wisconsin who are subject to revocation of their supervision, public defenders and the public.
Estimate of Time Needed to Develop the Rule
400 hours
Contact Information
Diane Norman, Assistant Administrator
Division of Hearings and Appeals
Phone: (608) 266-7668
Justice Assistance
Subject
Creates a new chapter relating to traffic stop information collection and analysis.
Objective of the Rule
Implement
2009 Wisconsin Act 28 directive to collect “all information relating to the traffic stop that is required to be collected under rules" promulgated by Office of Justice Assistance (OJA). Generally, the information to be collected is related to the race of individuals in a vehicle stopped by a law enforcement officer in the state of Wisconsin.
Policy Analysis
