(3) NOTICE OF HEARING. The offender shall receive written notice of the hearing at least 24 hours in advance. The notice shall include all of the following:
(a) The basis for the allegations that use of psychotropic medication is medically indicated and necessary.
(b) The date, time, place, and purpose of the hearing.
(c) The right to be represented by an advocate.
(d) The right to be heard and present evidence and relevant witnesses.
(e) The right to cross-examine department witnesses.
(f) The right to a written decision within 10 working days of the hearing, including the reason for the decision.
(4) ACCESS TO DEPARTMENTAL OFFENDER HEALTH CARE RECORDS. Department employees directly involved in the decision regarding psychotropic medication as a condition of supervision shall have access to the minimum necessary amount of protected health care information to enable them to make an informed decision relating to whether compliance with psychotropic medications should be required as a condition of supervision.
(5) PSYCHOTROPIC MEDICATION HEARING. When an offender does not waive the hearing and refuses to take prescribed psychotropic medication, the department shall hold a hearing. The hearing may be conducted in person or by telephone.
(a) The department has the burden of proof to establish, by a preponderance of the evidence, that treatment with psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.
(b) The hearing examiner is not bound by common law or statutory rules of evidence other than attorney-client privilege. The hearing examiner shall admit all evidence, including testimony which has reasonable probative value and is not unduly repetitious or cumulative.
(c) The hearing examiner shall do all of the following:
1. Administer oaths or affirmations.
2. Take an active role in questioning witnesses and eliciting testimony as necessary.
3. Regulate the course of the hearing.
4. Keep summary notes of the hearing.
5. Render a written decision whether to impose a condition of supervision requiring compliance with prescribed psychotropic medication upon a finding that psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.
(6) APPEAL OF DECISION. The offender may appeal a decision ordering compliance with prescribed psychotropic medication to the secretary within 10 days of the written decision. The decision of the hearing examiner shall remain in effect while the appeal is pending.
(7) ANNUAL REVIEW. A hearing examiner shall review the decision ordering compliance with prescribed psychotropic medication on an annual basis.
(a) A different hearing examiner from the examiner who made the original determination may perform the annual review.
(b) The hearing examiner under par. (a) shall give the offender notice of the date of the annual review, what evidence is being considered, and the offender's right to respond.
(c) The hearing examiner may continue the order requiring compliance with prescribed psychotropic medication if evidence since the time of the last review shows that psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.
SECTION 2. DOC 328 appendix is repealed.
SECTION 3. Effective date: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro), Stats.
Agency Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925 (608) 240-5049; FAX (608) 240-3306
Kathryn.Anderson@Wisconsin.gov.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # CF-28-09)
NOTICE IS HEREBY GIVEN that pursuant to sections
29.011,
29.014,
29.024,
29.03,
29.053(3),
29.192,
29.193,
29.885,
169.21,
169.39 and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 51, Wis. Adm. Code, relating to the administration of Stewardship grants.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held by videoconference on December 1, 2010, at 1:00 p.m. at the following locations:
MADISON
The Pyle Center
Room 315
702 Langdon St.
Madison, WI 53702
WAUKESHA
Waukesha County Technical College
Rm. B-091
800 Main Street
Pewaukee, WI 53072
GREEN BAY
Green Bay State Office Building
Room 618
200 North Jefferson Street
Green Bay WI 54301
WAUSAU
UW-Marathon County Wausau
Room 218
518 S. 7th Ave.
Wausau, WI 54401
SPOONER
UWEX Cooperative Extension Northern District Office
Professional Building Conference Room (not the Administrative Office)
(Just south of the post office)
702 Front St.
Spooner, WI 54801
EAU CLAIRE
Eau Claire State Office Building
Room 139
718 W Clairemont Ave
Eau Claire, WI 54701
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please contact Amy Bradley at (608) 267-0496 with your specific accommodation request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
Submission of Written Comments
Written comments on the proposed rule may be submitted as follows:
Via U.S. mail to Ms. Amy Bradley, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707.
Comments may be submitted until 4:00 p.m. on Wednesday, December 8, 2010. Written comments — whether submitted by U.S. mail or electronically — will have the same weight and effect as oral statements presented at the public hearings. Hard copies of the proposed rule and fiscal estimate may be obtained by contacting Ms. Bradley at the e-mail address or phone number listed below.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Sections
29.011,
29.014,
29.024,
29.03,
29.053(3),
29.192,
29.193,
29.885,
169.21,
169.39 and
227.11, Stats.
Plain language analysis
Chapter
NR 51, Wis. Adm. Code, establishes applicant and project eligibility standards and subprogram criteria that are used by the Department of Natural Resources (DNR) in determining Knowles-Nelson Stewardship grant awards to local units of government, nonprofit conservation organizations, and Friends Groups for land acquisitions and development projects. The proposed rule contains a total of 19 subchapters: 3 subchapters address general provisions and the remaining 16 address specific Stewardship subprograms.
Proposed changes to ch.
NR 51 fall into the following categories:
1. Housekeeping — Corrections of grammar, sentence structure, definitions of terms used in the existing ch.
NR 51 but not previously defined, and gathering of requirements from throughout ch.
NR 51 into one location when those requirements apply to all categories of Stewardship grants.
2. Changes resulting from reauthorization of the Knowles-Nelson Stewardship Program in
2007 Wis. Act 20 — Adds public access requirements by reference to ch.
NR 52, Wis. Adm. Code. Adds new signage requirements. Adds three new subchapters, as follows:
•Grants to Counties when the DNR asks for Assistance (s.
23.0953(2) (a) 2., Wis. Stats.)
•Allows grant awards for up to 75% of total project costs to nonprofit conservation organizations that meet certain criteria (s.
23.096 (2m), Wis. Stats.)
3. Incorporation of Existing Grant Practices – Many of these practices have evolved and been used since ch.
NR 51 was last promulgated in 2001. Some changes in this category represent changes in policy.
Policy issues that are addressed in the proposed rule include:
1. Change the amount of grant funds typically advanced to Friends Groups to avoid problems with repayment to the DNR and to comply with the IRS Code. In general, 50% will be advanced; higher amounts can be advanced under certain conditions. To address Friends Group cash flow in 50% advance circumstances, Friends Groups may also request partial reimbursements once the grant agreement has been signed. Increasingly, grant close out has been slow and documentation inadequate to justify entire advance. When a 100% advance is provided and all funds are expended, there may be no funds available to repay the state for undocumented expenditures. In addition, the IRS Code restricts what can be done with the proceeds from the sale of tax-exempt bonds. The State agrees to prohibit bond proceeds from being invested at a higher yield than those paid by the bond; this means Friends Group should not place grant advances in an interest-bearing account. Failure to comply with this IRS conditions can, and has recently, resulted in monetary penalties against the violator and puts the State's bond rating at risk. The practical result is that advances to Friends Groups must generally be more limited. Our solution is lesser advances but access to partial reimbursement.
2. Clarify that grants provided for development projects must encumber the grant property in perpetuity. By practice over the last decade, the DNR has required that properties are encumbered under the Stewardship program even if the DNR has only provided a Stewardship grant for a development project. This change to ch.
NR 51 codifies past practices. To formalize the process, grant contracts will be recorded on the property deed.
