Scope Statements
Hearings and Appeals
Subject
Revises Chapter
HA 2, relating to practice and procedure 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 the Division of Hearings and Appeals.
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 Delete outdated statutory references.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 Delete outdated amount charged for transcripts.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 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
Phone: (608) 266-7668
Insurance
Subject
Revises Section
Ins 3.28, relating to uniform questions and format for individual health insurance application and affecting small business.
Objective of the Rule
To implement
2009 Wis. Act 28, that included the creation of s.
601.41 (10), Stats., that requires the commissioner to prescribe by rule uniform questions and format for a uniform application for individual health insurance policies.
Policy Analysis
There are no existing regulations for individual health insurance relevant to a uniform application. Currently the commissioner maintains the small employer uniform application of group health insurance. The proposed rule may incorporate applicable portions of the small employer uniform application when developing the uniform questions and format for the individual application.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations regarding a uniform set of questions or format for an application for individual health insurance.
Entities Affected by the Rule
Intermediaries soliciting individual health insurance and insurers offering individual health insurance products may be affected by this rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Insurance
Subject
Revises Section
Ins 6.77, relating to exempting commercial umbrella and commercial liability policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage.
Policy Analysis
Act 28 (2009) modified the requirements for auto insurance in Wisconsin. These modifications did not specifically address the issue of insurers who write commercial liability insurance and commercial umbrella policies which insure only HNO under the policy but do not insure any automobiles owned by the insured.
If these new Act 28 requirements apply to commercial liability insurance and commercial umbrella policies which insure only HNO under the policy, this creates a significant problem. Some of these insurers do not have authority to write auto insurance which is needed to write UM and UIM. Other insurers offering the commercial umbrella and commercial liability HNO have not ever written UM/UIM coverages because the current rules and statutes exempt them. Insurers have also stated that obtaining reinsurance for this is a problem.
The alternative is to do nothing and wait to see if these policies are covered under Act 28. This will cause disruption in the commercial insurance market and may cause some businesses to lose their current coverage or have to seek a new insurer.
Statutory Authority
Comparison with Federal Regulations
None
Entities Affected by the Rule
Businesses that currently have commercial umbrella and commercial liability policies covering only HNO, insurance agents writing business coverages and insurers issuing such policies.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
