Rule-Making Notices (Hearing Notices)

a. Permit the contractor to appear with counsel, to submit documents, to present witnesses and to confront and cross-examine any person the department presents;

b. Ensure that a transcript of the hearing is prepared and made available to the contractor at a reasonable cost, unless the contractor and the department mutually waive the transcript requirement; and

c. Act in accord with and have the authority provided by s. 227.46, Stats.

(c) Notice of suspension. If suspension is imposed, the department shall promptly notify the contractor and any affiliates involved by certified mail return receipt requested. The notice shall state the following:

1. A decision to suspend has been made, and it was made based upon one or more of the causes enumerated in sub. (2), which cause or causes shall be sufficiently described to notify the contractor but shall not disclose government evidence unnecessarily.

2. The suspension is temporary pending the completion of an investigation and of whatever legal proceedings may follow.

3. The effect of the suspension as provided for under s. Adm 24.04 (1).

4. The contractor may submit within 15 days, or such lesser time as the department shall state, of the date of the department's certified mailing a written response providing information or argument in opposition to the suspension.

5. A fact-finding hearing to determine disputed relevant facts shall be conducted under par. (b), unless:

a. The suspension is based upon an indictment or upon a suspension or debarment imposed by another state or federal entity; or

b. A determination is made, on the basis of advice from the department of justice or another prosecuting official, that substantial interests of the government in pending or contemplated legal proceedings based upon the same facts as the suspension would be prejudiced.

6. If a fact-finding hearing is required, the department shall schedule a hearing within 30 days after the secretary receives the last written response providing information or argument in opposition to the suspension, as provided for in subd. 4.

(d) Department's suspension decision. 1. In suspension actions based upon an indictment or a suspension by another state or federal entity for any of the causes enumerated in sub. (2), in suspension actions in which no dispute exists over facts relevant to the suspension or in suspension actions in which a fact-finding hearing to determine disputed relevant facts is denied on the basis of advice from the department of justice or other prosecuting official, the secretary shall make a decision based upon the information in the administrative record, including any submission made by the affected contractor. The suspension decision shall be made within 30 days after the secretary receives the last written response providing information or argument in opposition to the proposed suspension as provided in par. (c) 4.

2. In suspension actions in which a fact-finding hearing is necessary under par. (b) 2., the designated hearing examiner shall prepare written findings of fact, and the secretary or designee shall render a decision based upon those written findings of fact. The suspension decision shall be made as soon as can reasonably be done after the conclusion of the proceedings with respect to the disputed facts.

3. The department may modify, terminate or leave in effect a suspension for the reasons set forth in s. Adm 24.05 (7) (c) for modifying or terminating a debarment.

4. A prompt written notice of the department's decision shall be sent to the contractor by certified mail return receipt requested.

(4) PERIOD OF SUSPENSION. (a) Suspension shall be for a temporary period pending completion of investigation and any following legal proceedings unless sooner terminated by the department or as provided in par. (b).

(b) A suspension shall not continue for more than 6 months from its effective date, unless civil or criminal action regarding the violation or debarment proceedings have been initiated. The suspension may continue until the legal proceedings or debarment proceedings are completed.

(5) SCOPE OF SUSPENSION. The scope of suspension shall be the same as that set forth for debarment in s. Adm 24.05 (8).

Agency Contact Person

Donna Sorenson

Department of Administration

101 E. Wilson Street

P.O. Box 7864

Madison, WI 53707-7864

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection
(Reprinted from May 31, 2010 Register)

rulemaking_notices CR 10-055 EmR1003, CR 10-055

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules revising Chapter ATCP 60, relating to goat milk somatic cell standards. DATCP adopted a temporary emergency rule effective February 5, 2010 and is also proposing a permanent rule. The hearing will cover the emergency rule as well as the proposed permanent rule.

Hearing Information

Date:   June 15, 2010

Time:   10:00 a.m. – 12:00 p.m.

Location:   WI Dept. of Agriculture, Trade & Consumer
  Protection
  2811 Agriculture Drive
  Conference Room 172, 1st Floor
  Madison, WI 53718

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by May 7, 2010, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; e-mailing to [e-mail] or by phone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submittal of Written Comments

DATCP will hold the public hearing at the time and location shown above. DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Friday, June 25, 2010 for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to [e-mail] or online at http://AdminRules. Wisconsin.gov/.

Copies of Emergency Rules and Proposed Permanent Rules

You may obtain free copies of the temporary emergency rule and proposed permanent rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling [phone] or e-mailing [e-mail]. Copies will also be available at the hearing. To view the proposed rule online, go to: http:// [e-mail].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule relaxes Wisconsin's current standard for somatic cells in goat milk to conform to a new, less stringent, national standard. The Department of Agriculture, Trade and Consumer Protection (DATCP) adopted a temporary emergency rule on February 5, 2010, and gave notice that it would adopt a permanent rule on the same subject. The permanent rule is identical to the temporary emergency rule adopted by DATCP.

Statutes interpreted

Sections 97.22 and 97.24, Stats.

Statutory authority

Sections 93.07 (1), 97.22 (8), 97.24 (3) and 227.24, Stats.

Explanation of statutory authority

DATCP has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP also has authority, under ss. 97.22 (8) and 97.24 (3), Stats., to adopt regulations governing the operation of dairy farms and the production of milk and fluid milk products.

This rule will maintain the competitiveness of Wisconsin goat milk producers, relative to producers in other states, by conforming Wisconsin goat milk standards to new (less stringent) national standards.

Related statutes and rules

Dairy plant operators are required to test goat milk received from producers, to ensure that goat milk meets somatic cell and other standards. Milk must be tested in certified laboratories, and test results must be reported to DATCP. Serious or continued violations of milk quality standards may result in state enforcement action, including the suspension of a milk producer's grade A dairy farm permit. In some serious cases, dairy plant operators must take immediate action to reject milk shipments from the affected dairy farms until violations are eliminated. However, not all violations require such an “immediate response." See, generally, chs. ATCP 60 and 80, Wis. Adm. Code.

Wisconsin rules for grade A milk and fluid milk products (including goat milk and fluid goat milk products) must be in reasonable accord with the interstate pasteurized milk ordinance (PMO). See s. 97.24, Stats. The PMO is adopted by the National Conference on Interstate Milk Shipments (NCIMS) with the approval of the United States Food and Drug Administration (FDA), and is administered by FDA. Wisconsin rules must be at least as stringent as the PMO in order for Wisconsin to ship milk and fluid milk products in interstate commerce.

Plain language analysis

Recently, NCIMS and FDA relaxed the PMO standard for somatic cells in Grade A goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml. The United States Department of Agriculture is making an equivalent change in its somatic cell standard for Grade B goat milk (Grade B milk may not be sold as fluid milk, but may be used to manufacture non-fluid dairy products such as cheese).

This permanent rule relaxes Wisconsin's standard for somatic cells in Grade A and Grade B goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml, to conform to the new national standard. This rule also eliminates the current “immediate response" requirement, under which a dairy plant operator must immediately reject goat milk shipments from producer whenever a somatic cell count on any shipment from that producer exceeds 1,500,000 per ml.

Comparison with federal regulations

There is no federal law that compels this rule change. However this rule is consistent with recent changes in national standards (see above).

Comparison with rules in adjacent states

All surrounding states with dairy goat herds are likely to adopt the standard contained in this rule.

Summary of factual data and analytical methodologies

Somatic cell test methods for goat milk are currently prescribed by s. ATCP 60.22 (3), Wis. Adm. Code. This rule does not change current test methods.

Small Business Impact

This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.

To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to [e-mail] or by telephone at [phone].

Fiscal Estimate

This rule will have no fiscal impact on the state of Wisconsin or on local units of government.

Agency Contact Person

Questions and comments related to this rule may be directed to:

Tom Leitzke

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Phone: [phone]

E-Mail: [e-mail]

Notice of Hearing

Commerce

Licenses, Certifications and Registrations, Ch. Comm 5
Elevators, Escalators and Lift Devices, Ch. Comm 18
Plumbing, Chs. Comm 81 to 87

rulemaking_notices CR 10-064 CR 10-064

NOTICE IS HEREBY GIVEN That pursuant to ss. 101.02 and 145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 5, 18, and 81 to 84, relating to the design, installation or construction, inspection and maintenance of plumbing.

Hearing Information

Date:   Thursday, July 1, 2010

Time:   10:00 a.m.

Location:   Thompson Commerce Building
  Third Floor Conference Room #3B
  201 W. Washington Avenue
  Madison, WI

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Appearances at the Hearing and Submittal of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 15, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email: [e-mail], or telephone: [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Analysis Prepared by Department of Commerce