Explanation of agency authority
Pursuant to s.
15.405 (3), Stats., the Department of Safety and Professional Services has oversight of the Auctioneer Board as an attached board of the Department. In accordance with s.
480.04 (2), Stats., the Auctioneer Board does not have rule-making authority. However, under s.
480.04 (1), Stats., the Auctioneer Board may advise the Department on matters relating to auctioneers. Per s.
480.08 (6), Stats., states that the department may promulgate rules, on behalf of the Auctioneer Board, governing the requirements and procedures for auctioneers obtaining continuing education. The topic of these proposed rules is the requirements concerning instructors administering continuing education courses. Therefore, the Department is authorized both generally and specifically to promulgate these proposed rules.
Related statute or rule
Plain language analysis
Currently, per Wis. Admin. Code s.
SPS 128.04 (6), course instructors offering continuing education for auctioneers in Wisconsin must be either an auctioneer registered in this state, actively practicing auctioneering for the past five years; or an attorney that practices in the area of auctioneering, or an appraiser approved by the Appraiser Qualifications Board (AQB). The Auctioneer Board reviewed s.
SPS 128.04 (6) and determined that the rule limited the number of eligible course instructors by excluding instructors from other disciplines that may be knowledgeable about auctioneering. By promulgating these proposed rules, the Department and the Auctioneer Board seek to enlarge the pool of eligible instructors to those who are experts in their field, have the required years of experience, and have a course approved by the Department.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: In Illinois auctioneers are regulated by the Department of Financial and Professional Regulation, Division of Professional Regulation. Continuing education courses must be approved by the Division. Illinois further requires that continuing education must be, “developed and presented by persons with education and/or experience in subject matter of the CE course". 68 Ill. Adm. Code 1440.310 (b) (8) (c).
Iowa: Iowa does not regulate continuing education requirements for auctioneers.
Michigan: Michigan does not regulate continuing education requirements for auctioneers.
Minnesota: Minnesota does not regulate the continuing education requirements for auctioneers.
Summary of factual data and analytical methodologies
The Auctioneer Board reviewed Wis. Admin. Code s.
SPS 128.04 and determined a revision to the rule was necessary because the rule limited the type of course instructors that may conduct continuing education in Wisconsin. The pool of eligible instructors is currently restricted to auctioneers registered in Wisconsin, attorneys who are engaged in the field of auctioneering law, and an appraisers approved by the AQB. The Board sought to enlarge the pool of course instructors by drafting this proposed rule. No other factual data or analytical methodologies were used.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
greg.gasper@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement
None.
Agency Contact Person
Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
shancethea.leatherwood@ wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 128.04 (6)
|
3. Subject
|
Course Instructors
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule seeks to expand the pool of course instructs eligible to provide continuing education courses to auctioneers in Wisconsin. Enlarging the types of course instructors that can provide continuing education will alleviate the problem of unnecessarily excluding qualified instructors from providing their expertise in various fields to auctioneers in this state.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
This proposed rule will primarily affect auctioneers and various professionals from a variety of disciplines. The rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule will have no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed rule would benefit auctioneers and the public by allowing experts in their respective fields to teach auctioneers about various topics related to auctioneering. By receiving this training, auctioneers will augment their skills and be better prepared to conduct auctions.
|
14. Long Range Implications of Implementing the Rule
|
Broadening the knowledge base of Wisconsin auctioneers in various fields related to auctioneering.
|
15. Compare With Approaches Being Used by Federal Government
|
None.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois: In Illinois auctioneers are regulated by the Department of Financial and Professional Regulation, Division of Professional Regulation. Continuing education courses must be approved by the Division. Illinois further requires that continuing education must be, “developed and presented by persons with education and/or experience in subject matter of the CE course". 68 Ill. Adm. Code 1440.310 (b) (8) (c).
Iowa: Iowa does not regulate continuing education requirements for auctioneers.
Michigan: Michigan does not regulate continuing education requirements for auctioneers.
Minnesota: Minnesota does not regulate the continuing education requirements for auctioneers.
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in sections
15.08 (5) (b),
227.11 (2), and
447.03 (3) (f) 1., Stats., and interpreting section
447.03 (3) (f) 1., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order repeal and recreate section
DE 9.01; amend section
DE 9.02 (intro.),
(1),
(2), and
(4); and create section
DE 9.015, relating to lab work authorizations.
Hearing Information
Date: Wednesday, November 6, 2013
Time: 9:30 a.m.
Location: 1400 East Washington Avenue (enter at
55 North Dickenson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Jean.MacCubbin@ wisconsin.gov. Comments must be received before the public hearing to be held on November 6, 2013 to be included in the record of rule-making proceedings.
Copies of rule
Copies of this proposed rule are available upon request to Jean MacCubbin, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, by email at
Jean.MacCubbin@wisconsin.gov or on our website at
http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
15.08 (5) (b), Stats., requires that examining boards shall promulgate rules for their own guidance and for the guidance of the professions over which they have jurisdiction, which reads:
Section
227.11 (2), Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency, which reads:
Section
447.03 (3) (f) 1., Stats., provides exceptions to licensees regarding practices, such as lab work authorizations, which reads:
“(3) Exceptions. No license or certificate under this chapter is required for any of the following: …
(f) A dental laboratory or dental laboratory technician to construct appliances or restorations for dentists if all of the following apply: 1. The appliances or restorations are constructed upon receipt from a dentist of impressions or measurements, directions, and a written work authorization on a form approved by the examining board."
Related statute or rule
There are no other related statutes or rules beyond those indicated above.
Plain language analysis
The objective of the proposed rule is to eliminate the requirement that a written authorization for dental laboratory work shall be on a form approved by the board. The proposed rule will also allow for the continued use of current technologies, such as the request may be made electronically and work orders detailed digitally.
SECTIONS 1. and 2. These sections are proposed to separate the subjects of authority and definitions from the current section, s. DE 9.01 whereby creating two renumbered sections, ss. DE 9.01 and 9.015. The definitions for both dental laboratory and work authorization now clearly remove any reference to a written request or the use of a board-approved form.
SECTION 3. This section deals primarily with the changes to no longer requiring written lab work authorizations, in so far as amending s.
DE 9.02 (intro.),
(1),
(2), and
(4) to remove references to out-dated methods of work order requests.
Summary of, and comparison with, existing or proposed federal regulation
No rules or laws were found in an Internet-based search of the U.S. Code or the Code of Federal Register (CFR) for dental lab work authorizations, written or electronic, made by dentists.
Comparison with rules in adjacent states
An Internet-based searched resulted in the following findings:
Illinois: The Illinois statutes and codes were researched via the Internet and no specifications were found for dental work authorizations, either written or electronic. [PART 1220 ILLINOIS DENTAL PRACTICE ACT]
Michigan: Board of Dentistry 2012-111 LR, No specifications were found for dental work authorizations, either written or electronic.
Minnesota: Minnesota board of dentistry rules for dentists, hygienists, and assistants are contained in ch. 3100 [
https://www.revisor.mn.gov/rules/?id=3100]. No specifications were found for dental work authorizations, either written or electronic.
Summary of factual data and analytical methodologies
The Board, in reviewing their rules in response to Executive Order 61, recognized these out-dated methods for making lab work order requests and authorizations. These methods are costly and time consuming to small business.
The proposed provisions are expected to make such requests more efficient, more accurate and less costly for small business.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The Dentistry Examining Board in reviewing their rules in response to Executive Order 61 found that the industry has replaced an outdated process with technological advances.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Greg.Gasper@wisconsin.gov, or by calling (608) 266-8608.
Environmental Assessment/Statement [if required]
A copy of the preliminary assessment/statement is available upon request and will be available at the public hearing.
Agency Contact Person
Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0955 or telecommunications relay services via 711; email at
Jean.MacCubbin@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original
⍽ Updated
⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
DE 9 Laboratories and Work Authorizations
|
3. Subject
|
Lab Work Authorizations
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR ⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (1) (g)
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
9. Policy Problem Addressed by the Rule
|
The current rule relies on out-dated methods to request dental lab work; modern technology is used in the industry.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Licensees and commercial dental laboratories
|
11. Identify the local governmental units that participated in the development of this EIA.
|
None
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The proposed provisions are expected to make such requests more efficient, more accurate and less costly for small business.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed provisions are expected to make such lab requests more efficient, more accurate and less costly for small business. To do nothing relies on an outdated and possibly cumbersome process.
|
14. Long Range Implications of Implementing the Rule
|
The proposed provisions are expected to make such lab requests more efficient, more accurate and less costly for small business.
|
15. Compare With Approaches Being Used by Federal Government
|
None
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
For the four neighboring states, no specifications were found for dental work authorizations, either written or electronic.
|
17. Contact Name
|
18. Contact Phone Number
|
Jean MacCubbin
|
608.266.0955
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in sections
15.08 (5) (b) and
447.02 (2) (b), Stats., and interpreting section
447.02 (2) (b), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend sections
DE 11.05 (1),
11.06 (1), and
11.07 (1) and create section
DE 11.02 (9m), relating to sedation permits and classes of permits.
Hearing Information
Date: Wednesday, November 6, 2013
Time: 9:30 a.m.
Location: 1400 East Washington Avenue (enter at
55 North Dickenson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Jean.MacCubbin@ wisconsin.gov. Comments must be received before the public hearing to be held on November 6, 2013, to be included in the record of rule-making proceedings.
Copies of rule
