DOC 327.09 (2) (r) Section DOC 303.50
DOC 303.51 on loitering does not apply;
DOC 327.09 (2) (s) The following is substituted for s. DOC 303.51 DOC 303.52 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity other work or school assignment before the activity or the work or school assignment is over is guilt of an offense, unless absence from the assigned area has been approved by an appropriate CRC member;
DOC 327.09 (2) (t) Section DOC 303.52 DOC 303.50 entry of into another inmate's quarters assigned living area does not apply.
DOC 327.09 (2) (u) Section DOC 303.54 DOC 303.55 on improper storage does not apply.
DOC 327.09 (2) (v) Section DOC 303.55 DOC 303.56 on dirty quarters assigned living area does not apply.
DOC 327.09 (2) (w) Section DOC 303.56 DOC 303.57on poor grooming personal hygiene does not apply.
DOC 327.09 (2) (x) (intro) The following is substituted for s. DOC 303.57 DOC 303.58 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of offense:
DOC 327.09 (2) (y) Section DOC 303.59 DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.
DOC 327.09 (2) (z) (intro) The following is substituted for s. DOC 303.63 DOC 303.28 (3) on violations of institution policies and procedures:
DOC 327.09 (3) In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.12 to 303.631
DOC 303.11 to 303.64 as affected by sub. (2), CRC staff may develop additional written rules and specific conditions for an inmate's CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.
DOC 327.13 (intro) Disciplinary procedure and penalties. The due process fact finding hearing to determine if the inmate has committed a violation under s.
DOC 327.12 shall be conducted in accordance with the procedures under ss.
DOC 303.64 to 303.87 DOC 303.65 to 303.92.
DOC 327.13 (2) Under s. DOC 303.67,DOC 303.68 on review by the security office the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.67 DOC 303.68 within 24 hours after receipt.
DOC 327.13 (3) Under s.
DOC 303.68 (3) DOC 303.71(2) in addition to the listed offenses, the violation of any of the following sections is a major offense: s.
DOC 303.43 on possession of intoxicants; s.
DOC 303.44 on possession of drug paraphernalia; s.
DOC 303.51 DOC 303.52 on leaving assigned area; and s.
DOC 303.511 DOC 303.53 on being in an unassigned area.
DOC 327.13 (4) Under DOC 303.76(1) DOC 303.80(1)on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.67 DOC 303.68.
DOC 327.13 (5) Under DOC 303.76 (4) DOC 303.80 (5) the due process hearing may take place at the CRC residence, any state correctional institution, a county jail or other facility designated by the department.
DOC 327.13 (6) Section DOC 303.78(1) DOC 303.83 is modified to read: The superintendent may designate or hire staff members to serve as advocates staff representatives for inmates in disciplinary hearings at the institution, or staff members may volunteer to serve as advocates staff representatives. The superintendent shall assign advocates staff representatives to inmates. If an inmate objects to the assignment of a particular advocate staff representative because the advocate staff representative has a known and demonstrated conflict of interest in the case, the superintendent shall assign a different staff member to serve as the inmate's advocate staff representative.
DOC 327.13 (7) Under s. DOC 303.81 (3) DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the advocate staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.
DOC 327.13 (8) Under ss. DOC 303.75 (3) and
303.82 DOC 303.78 and 303.85, any department staff member designated by the superintendent may serve on an adjustment disciplinary committee or serve as a hearing officer.
DOC 327.13 (9) A penalty listed in s. DOC 303.84
DOC 303.87 need not be imposed as a result of a finding of guilt.
DOC 327.13 (10) Under
ss. DOC 303.69 and 303.70 s. DOC 303.73 adjustment segregation or program segregation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC adjustment segregation or program segregation status.
DOC 327.15 (6) (d) Items not permitted under this section or under an inmate's special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.10 DOC 303.09. An inmate may be subject to discipline for possessing contraband.
SECTION 4. DOC 308.03 (6) and (8), 309.02 (13), 309.55 (e) 4., 5., and 6., 327.09 (2) (g), (j), and (n) are repealed.
SECTION 5. DOC 308.03 (8m), 309.55 (4) (e) 4. and 5. are created to read:
DOC 308.03 (8m) “Security threat group" means a group of individuals which threatens, intimidates, coerces or harasses others or engages in activities which violates or encourages the violation of statutes, administrative rules or departmental policies or institutional procedures
DOC 309.55 (4) (e) 4. Disciplinary separation under s.
DOC 303.73.
DOC 309.55 (4) (e) 5. Controlled segregation under s.
DOC 303.74.
SECTION 6. 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.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under section
601.41 (3), Stats., and the procedures set forth in under section
227.18, and
227.24 (4), Stats., OCI will hold a public hearing to consider the adoption of a proposed permanent rule and the emergency rule (
EmR1101) published February 9, 2011, affecting section
Ins 6.07, Wis. Adm. Code, relating to readability and electronic access to insurance policies and affecting small business.
Hearing Information
Date and Time Location
May 3, 2011 OCI, 2nd floor, Room 227
Tuesday 125 South Webster Street
at 10:00 A.M. Madison, WI 53703
Submittal of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 607
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 607
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
Comments submitted through the Wisconsin Administrative Rule Web site at:
http://adminrules.wisconsin
.gov on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison, WI or PO Box 7873, Madison, WI 53707-7873.
Analysis Prepared by the Commissioner of Insurance
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Section
631.22 (2), Stats., requires insures to provide policies that are coherent, written in commonly understood language, legible, appropriately divided and captioned by its various sections and presented in a meaningful sequence. This proposed rule returns the administrative standards back to requirements previously used.
Related statute or rule
This proposed rule revises the current rules, s.
Ins 6.07, Wis. Adm. Code, governing filing readability and access to electronic versions of policy forms.
Plain language analysis
The proposed rule returns the readability score, Flesch or equivalent, back to 40 across product lines unless other provisions regulate the readability of the policy, i.e. Medicare supplement policy requirements. The proposed rule also repeals requirements related to use of active voice in policy forms, requirement to contain all exclusions and limitations within one section and replaces those provisions with language in place in 2010. Finally the proposed rule repeals the requirement that insurers make available an insured's complete insurance policy and production timeframes. Statutory requirements already exist that require insurers to provide the insured or policyholder a copy of their policy. Although s.
Ins 6.07 (9) provided more detail and delineated process for obtaining copies of policies OCI believes the existing laws are sufficient without further rule.
Comparison with existing or proposed federal regulations
There are no existing or proposed federal regulations that address the topic of this proposed rule.
Comparison with similar rules in adjacent states
Illinois:
Illinois requires products to be readable but does not set a score. Illinois is pending legislative changes to participate in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Illinois does not have a website notice provision for insureds to access a complete copy of their policy.
Iowa:
Iowa requires products to be readable but does not set a score. Iowa participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Iowa does not have a website notice provision for insureds to access a complete copy of their policy.
Michigan:
Michigan requires forms to achieve a Flesch score of not less than 45 under Mich. Admin. Code s.
500.2236 r. 2003 (1956). Michigan participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Michigan does not have a website notice provision for insureds to access a complete copy of their policy.
Minnesota:
Minnesota requires under Minn. Stat. Ch.
72C, a Flesch score of more than 40 for life and health forms. Minnesota participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Minnesota does not have a website notice provision for insureds to access a complete copy of their policy.
Summary of factual data and analytical methodologies
OCI proposes this rule will ease financial constraints not anticipated with prior rule-making. The OCI has received numerous inquiries regarding implementation and concerns related to cost of implementation. By returning to prior requirements the OCI is able to balance consumer protection and appropriate level of industry oversight without being overly burdensome.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The effect of the proposed rule on small business is positive as it reverts back to prior requirements thereby negating the need to modify existing policies or means of accessing prior copies of an insured's policy.
Effect on Small Business
This rule will have little to no fiscal effect on regulated small businesses as the proposed rule imposes no new requirements and returns all Flesch scores and access requirements back to 2010 standards.
Initial regulatory flexibility analysis
Notice is hereby further given that pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
Insurance agents, LSHO, Town Mutuals, Small Insurers, etc.
b. Description of reporting and bookkeeping procedures required:
None beyond those currently required.
c. Description of professional skills required:
