Beginning January 1, 2010, care management organizations are required to obtain a permit from the commissioner to provide services under the Family Care program. In order to ensure no gap in services to enrollees, organizations and the office need to complete and accept applications for permits prior to January 1, 2010. Promulgation of this rule will permit the timely filing and review of permittees.
Publication Date:
October 9, 2009
Effective Dates:
October 10, 2009
through March 10, 2010
Extension Through:
May 9, 2010
Hearing Date:
December 3, 2009
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows: the Commissioner is aware that insurers, employers and consumers are interpreting the state mandate inconsistently so without this rule consumers will not be treated similarly when the law becomes effective on January 1, 2010; the Commissioner has received numerous inquiries from insurers, consumers and employers seeking clarity of terms and guidance on interpretation and implementation of the law as many employers are entering open enrollment for the 2010 plan year.
These changes will be effective the day following publication in the official state newspaper and a permanent rule will start the permanent rule process to achieve uniformity in interpretation therefore protecting the public, informing employers, and guiding insurers in the state.
Publication Date:
October 30, 2009
Effective Dates:
October 31, 2009 through
March 29, 2010
Extension Through:
May 28, 2010
Hearing Date:
January 14, 2010
Exemption From Finding of Emergency
(4) CONTINUATION COVERAGE RULES (a) Notwithstanding section
632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24 of the statutes. Notwithstanding section
227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2) of the statutes Notwithstanding section
227.24 (1) (a) and
(3) of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. [Emphasis Added]
Publication Date:
January 7, 2010
Effective Dates:
January 8, 2010
through June 6, 2010
Hearing Date:
May 5, 2010
Exemption From Finding of Emergency
The Commissioner of Insurance pursuant to s.
632.895 (12m) (f) 2., Stats., need not find that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety or welfare.
Publication Date:
March 8, 2010
Effective Dates:
March 8, 2010
through August 4, 2010
(subject to s. 632.895 (12m) (f), Stats.)
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The state legislature has delegated rule-making authority to the department to manage the white-tailed deer herd to conserve it and to ensure citizens of this state continued opportunities for good hunting. Population goal revisions in this rule order, and identical proposed permanent rules, are necessary in order to allow consideration of current recommendations from biologists and recent public input when setting the 2010 deer hunting season framework. Normal rule-making procedures will not allow establishment of revised population goals in time for use in setting the 2010 deer hunting season framework. Failure to modify population goals will result in a deer season framework and antlerless quotas that are based on goals established in 2005. Using the old goals would result in a deer season framework and permit levels considered unacceptable to the majority of the hunting public.
Publication Date:
April 3, 2010
Effective Dates:
April 3, 2010 through
August 30, 2010
Hearing Date:
May 19, 2010
(See the Notice in this Register)
Natural Resources
Environmental Protection — Water Regulation,
Chs.
NR 300—
Finding of Emergency
The substantial increase in bonding for the dam grant programs is a strong message from the legislature that concern for public welfare from unsafe dams is growing, as well as the desire to help dam owners, including the owners of the many dams damaged during the flooding in 2007 and 2008. In order to protect the public and provide this financial assistance, these additional funds should be put to work as soon as possible. The timeline for permanent rule promulgation will impede the Department's ability to accept applications and commit funding to dam safety projects until at least June 2010, which would delay most projects until late 2010 or 2011. The emergency rules will allow immediate implementation of modifications that will allow a grant application cycle to be conducted yet this fall and allow most projects to be constructed during the 2010 construction season or before.
Publication Date:
August 28, 2009
Effective Dates:
August 28, 2009 through
January 24, 2010
Extension Through:
May 24, 2010
Hearing Date:
April 15, 2010
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs.
NR 600—
Exemption From Finding of Emergency
Section 9137 (2), a non-statutory provision in
2009 Wisconsin Act 28, authorizes the department to promulgate the required definitions using emergency rule making procedures, but is not required to provide evidence that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to
Publication Date:
March 17, 2010
Effective Dates:
March 17, 2010 through
July 1, 2011
Hearing Date:
April 26, 2010
Public Defender Board
emergency_rules EmR0926
EmR0926 — Rule adopted to create
Chapter PD 8, Discovery Payments, relating to the maximum fees that the state public defender may pay for copies of discovery materials in criminal proceedings, proceedings under Chapter
980, Wis. Stats., and other proceedings in which the state public defender provides legal representation.
Finding of Emergency
These rules are promulgated under s.
227.24 (1) (a), Stats., because the magnitude of the shortfall in the state public defender's appropriation for transcripts, discovery, and interpreters in both years of the current biennium constitutes an emergency that requires implementation of a rule earlier than a permanent rule could take effect if the agency were to comply with the applicable notice, hearing, legislative- review, and publication requirements.
The state public defender was initially provided a base budget of $60,000 in 1995 for discovery payments, which at that time consisted mostly of photocopies and some photographs. In the 1999-2001 budget act, this appropriation was increased to $150,000, based on a presumptive rate for photocopies of $0.20 per page. In the 2001-2003 biennial budget act, this appropriation was subjected to a five percent funding reduction, leaving a base budget for discovery payments of $142,500.
The public defender received discovery bills totaling $717,000 for the fiscal year that ended June 30, 2009. Although discovery costs are caseload driven, this represents a nearly five-fold increase since 2001 and is due primarily to two factors. First, in the past many counties and municipalities did not bill the state public defender for copies of discovery materials. Because local budgets have come under increasing pressure, most now do so. Second,
2005 Wisconsin Act 60 resulted in more widespread use of audio and video recordings of interrogations by law enforcement, copies of which must be provided to the defense.
The public defender board's requests for cost-to-continue budget increases for discovery payments in 2007-2009 and in 2009-2011 were not funded. Instead, the FY 2009-2011 budget act reduced this appropriation by 1%, leaving a base budget of $141,100, and directed the board to promulgate rules to address the funding shortfall.
Publication Date:
October 3, 2009
Effective Dates:
October 3, 2009 through
March 1, 2010
Extension Through:
April 30, 2010
Hearing Date:
November 16, 2009
Public Instruction (2)
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The tribal language revitalization grant program under s.
115.745, Stats., was created under
2009 Wisconsin Act 28. The Act became effective June 30, 2009, and appropriated $247,500 annually beginning in the 2009-10 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date:
December 15, 2009
Effective Dates:
December 15, 2009
through May 13, 2010
Hearing Date:
January 15, 2010
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
2009 Wisconsin Act 42 requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s.
121.02 (1) (f) 2. if school is closed for a reason specified in s.
115.01 (10) (a) 2. or
3. The Act became effective October 21, 2009. Therefore, rules must be in place as soon as possible to establish the waiver procedure and criteria for the current school year.
Publication Date:
December 21, 2009
Effective Dates:
December 21, 2009
through May 19, 2010
Hearing Date:
February 1, 2010
Public Service Commission
Finding of Emergency
The Commission finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of
the public peace, health, safety, or welfare. The police and fire protection fee, which must go into effect September 1, 2009, (
2009 Wisconsin Act 28 section
9441) will be used to replace shared revenue payments for such services. To ensure the public peace, health, safety, and welfare of the citizens of Wisconsin, it is vital for funding of police and fire protection services to continue smoothly, quickly, and unimpeded. Thus, it is necessary for the rule administering the fee to be implemented as soon as possible.
Publication Date:
September 11, 2009
Effective Dates:
September 11, 2009
through February 7, 2010
Extension Through:
April 18, 2010
Hearing Date:
December 2, 2009
Regulation and Licensing (2)
