•
Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement spells out what a company can and cannot do with regulated articles.
Comparison with federal regulations
Under the federal Plant Protection Act, APHIS has responsibility for excluding, eradicating and controlling serious plant pests, including emerald ash borer. APHIS has instituted statewide quarantines on the movement of all ash wood for Illinois, Indiana and Ohio, in addition to the Lower Peninsula of Michigan. APHIS has also instituted quarantines for Brown, Kenosha, Ozaukee, Washington, Sheboygan, Fond du Lac, Vernon and Crawford Counties in Wisconsin. The quarantines include restrictions on the movement of any hardwood (non-coniferous) firewood.
Comparison with rules in adjacent states
Surrounding states where emerald ash borer has been identified (Illinois, Indiana, Ohio, Minnesota and Michigan) have state and federal quarantines that prohibit the movement of regulated articles out of quarantined areas. A regulated article can only move out of quarantined areas after it is certified by USDA or state officials.
Environmental Impact
This emergency rule will not have a significant impact on the environment.
Small Business Impact
This emergency rule may have an impact on persons or companies that deal in any hardwood firewood or ash materials in Milwaukee County, Racine County and Waukesha County. The affected businesses are all small businesses. This emergency rule restricts the sale or distribution of ash products plus any hardwood firewood from Milwaukee County, Racine County and Waukesha County to locations outside of Milwaukee County, Racine County and Waukesha County.
The business impact of this emergency rule depends on the number of nurseries that sell/distribute ash nursery stock outside the county, firewood producers/dealers that sell/distribute outside the county, saw mills that move untreated ash stock outside the county, and green wood waste that is moved outside the county.
Milwaukee County, Racine County and Waukesha County have a combined total of 84 licensed nursery growers that could possibly be growing ash nursery stock. Those growers will not be able to sell ash nursery stock outside of the county during the quarantine. There are also a total of 50 known firewood dealers in Milwaukee County, Racine County and Waukesha County. Additional firewood dealers are being identified weekly. Firewood dealers would need to be certified under s.
ATCP 21.20 to sell firewood outside of the county. To obtain certification a firewood dealer will have to pay an annual certification fee to DATCP of $50 and treat the firewood in a manner that insures it is free of emerald ash borer. There are 3 mills (non-veneer) in Milwaukee County, Racine County and Waukesha County and an unknown number of wood processing facilities that deal with ash. To sell ash wood products outside of their counties they will have to enter into a compliance agreement with DATCP or APHIS that authorizes movement of ash products outside of their county only when there is assurance that the movement will not spread emerald ash borer to other locations.
Small business regulatory coordinator
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator, Keeley Moll, at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Fiscal Estimate
Summary
DATCP will have additional workload related to enforcing the quarantines but it will be able to absorb the projected workload and costs within DATCP's current budget and with current staff. The presence of emerald ash borer may produce additional workload for local governments in Milwaukee County, Racine County and Waukesha County, but the quarantines will not themselves produce any local fiscal impact.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
If multiple infestations are found in this state, DATCP may experience substantial costs and personnel demands for providing regulatory oversight and working with affected industries. Costs may vary, depending on the nature and scope of the infestations, and cannot be accurately predicted at this time.
Agency Contact Person
Robert Dahl
Phone: 608-224-4573
Mail: P.O. box 8911, Madison, WI 53708-8911
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Rules Committee will hold a public hearing at the time and place indicated below to consider an order to amend section
A-E 3.05 (2), relating to entrance requirements to take the architect examination.
Hearing Information
Date: October 13, 2009
Time: 1:15 P.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to: Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@wisconsin.gov. Comments must be received on or before October 23, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of the proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at pamela.haack@ wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing.
Statutes interpreted
Statutory authority
Explanation of agency authority
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors may approve and adopt rules proposed by any section of the board.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making amends the current requirement that a candidate for registration as an architect may only take the qualifying architect examination for registration within one year of the time which they are scheduled to complete the required education and experience requirements. The architect section proposes that a candidate be eligible to sit for the Architect Registration Examination (ARE) upon graduation from a National Architectural Accrediting Board (NAAB) accredited degree program. Under the current requirements a candidate could have to wait additional time because it will take them more than one year to complete the examination, which is completed in multiple stages.
The intent of the proposed rule is to encourage candidates to obtain registration by making it possible for them to sit for the examination immediately upon completion of their education and experience requirements, provided that they have a NAAB accredited degree program and an NCARB established IDP training record. It is shown that the increase in the delay of eligibility to sit for the examination has an adverse impact upon the number of candidates who obtain registration.
Comparison with federal regulations
This is not an area which is regulated by federal law or subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Comparison with rules in adjacent states
Illinois
Applicants can take the examination upon completion of one of several degree program paths and completing experience/training requirements.
www.idfpr.com
Iowa
Michigan
Applicants can take the examination upon completion of an NAAB accredited degree or board equivalent degree program.
www.michigan.gov/dleg
Minnesota
Applicants can take the examination upon completion of an NAAB accredited degree or board equivalent degree program.
www.aelslagid.state.mn.us
Summary of factual data and analytical methodologies
Currently, to be eligible to take a scheduled examination, a candidate shall submit documentation certifying that he or she has all but one year of academic credit and qualifying architectural experience, as specified in s.
443.03 (1) (b) 1., Stats., or all but one year of qualifying architectural experience, as specified in s.
443.03 (1) (b) 2., Stats. As a result, the candidate can only take the examination within one year of the time which they are scheduled to complete the required education and experience requirements and they may have to wait additional time because it will take them more than one year to complete the examination, which is completed in multiple stages. The architect section proposes that a candidate be eligible to sit for the Architect Registration Examination (ARE) upon graduation from a National Architectural Accrediting Board (NAAB) accredited degree program. This change will make it easier for the candidate to obtain their registration immediately upon completion of their education and experience requirements for those candidates completing a NAAB accredited degree program and having an NCARB established IDP training record.
Analysis and supporting documents used to determine effect on small business
As this rule change only impacts the timing in which a candidate may begin the examination process, it will not affect or impact adversely small businesses or the private sector. No written analysis or formal research was involved in reaching this conclusion.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling 608-266-8608.
Fiscal Estimate
State government fiscal effect
The department estimates that this rule will require staff time in the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $250.
Anticipated costs incurred by the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal
Department of Regulation and Licensing
1400 East Washington Avenue — Room 152
P.O. Box 8935
Madison, Wisconsin 53708
Phone: 608-266-0495
Text of Proposed Rule
SECTION 1. A-E 3.05 (2) is amended to read:
A-E 3.05 (2) REQUIREMENTS FOR ENTRANCE TO THE EXAMINATION. To be eligible to take a scheduled examination, the applicant shall submit documentation certifying he or she has all but one year of academic credit and qualifying architectural experience, as specified in s.
443.03 (1) (b) 1., Stats., or all but one year of qualifying architectural experience, as specified in s.
443.03 (1) (b) 2., Stats.
, or graduated from a national architectural accrediting board accredited degree program and obtained a national council of architectural registration boards established intern development program training record.
