Rule-Making Notices (Hearing Notices)

None.

Comparison with rules in adjacent states

Illinois: The Illinois Administrative Procedure Act states that the agency head, one or more members of the agency head, or any other person meeting the qualifications set forth by rule under Section 10-20 may be the administrative law judge. The agency must provide by rule for disqualification of an administrative law judge for bias or conflict of interest. An adverse ruling, in and of itself, shall not constitute bias or conflict of interest (5 ILCS 100/10-30).

Section 10-20 requires that all agencies adopt rules concerning the minimum qualifications of administrative law judges for contested case hearings. The agency head or an attorney licensed to practice law in Illinois may act as an administrative law judge or panel for an agency without adopting ay rules under this Section.

All papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½ by 11 inch white paper (1110 Ill. Adm. Code 50). Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service (1110 Ill. Adm. Code 60).

The Illinois Department of Professional Regulation administrative rules are silent with regards to the deadlines associated with the assessment of costs in contested case hearings.

Iowa: Iowa Code section 17A.11 states that if the agency or an officer of the agency under whose authority the contested case is to take place is named a party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, the agency, one or more members of a multimember agency, or one or more administrative law judges assigned by the Division of Administrative Hearings in accordance with the provisions of section 10A.801. However, a party may, within a time period specified by rule, request that the presiding officer be an administrative law judge assigned by the Division of Administrative Hearings. The agency must grant a request by a party for an administrative law judge unless otherwise provided by statute or one of a list of conditions exists.

If the agency or an officer of the agency under whose authority the contested case is to take place is not named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the agency, one or more members of a multimember agency, an administrative law judge assigned by the Division of Administrative Hearings in accordance with the provision of section 10A.801, or any other qualified person designated as a presiding officer by the agency. Any other person designated as a presiding officer by the agency may be employed by and officed in the agency for which that person acts as a presiding officer, but such a person shall not perform duties inconsistent with that person's duties and responsibilities as a presiding officer.

A document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission (Iowa Adm. Code r. 11-7.12).

Parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party (Iowa Adm. Code r. 11-7.12).

Michigan: The Michigan Administrative Procedures Act of 1969 states that the presiding officer of a contested case may be an agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases (Michigan Statutes Section 24.279).

Michigan Executive Order 2011-4 created the Michigan Administrative Hearing System (MAHS), an independent and autonomous agency within the Michigan Department of Licensing and Regulatory Affairs. Administrative law judges from MAHS preside over professional licensure disciplinary and denial hearings.

Minnesota: Minnesota Statutes Chapter 214, Section 10, subd. 2. states that examining and licensing boards schedule disciplinary hearings in accordance with Chapter 14 which specifies that hearings are required to be conducted by an administrative law judge employed by the Office of Administrative Hearings (OAH). The Chief Administrative Law Judge of the OAH must assign a judge to hear the case (Minnesota Code Section 1400.5010 to 1400.8400). The OAH is an independent tribunal within the executive branch.

All documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed (Minn. R. 1400.2030).

A party seeking an award of expenses an attorney's fees must submit an application to the judge. The state agency or any other party may respond or object to all or any part of the application for expenses and fees within 14 days following the service of the application. Within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses (if any) (Minn. R. 1400.8401).

Summary of factual data and analytical methodologies

The Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and inefficient. Proposed modifications would update the rules to create greater efficiencies, align rules more closely with statute, and incorporate technological changes. Adjacent states' rules were also reviewed.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

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 [e-mail], or by calling [phone].

Agency Contact Person

Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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: [phone]
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 1, 1 Appendix I, 1 Appendix II, 2, 2 Appendix I, 3, 3 Appendix I, 4, 6, 7, 8, 8 Appendix I, and 500.
3. Subject
Relating to administrative procedures and small business discretion
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 Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and reflect previously used practices and policies.
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 rule was posted for 14 days for economic impact comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None. This rule does not affect local government units.
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 not have an 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
Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, incorporate technological efficiencies, and create more transparent processes. The proposed rule would also incorporate rule changes as affected by the enactments of 2011 Wisconsin Act 46 and 200 Wisconsin Act 255.
14. Long Range Implications of Implementing the Rule
Implementing the rule would align the rules with current practices and titles and create more transparent processes.
15. Compare With Approaches Being Used by Federal Government
None.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Michigan, Minnesota, and Iowa have central agencies that employ administrative law judges to preside over administrative hearings. In Illinois, all papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½ by 11 inch white paper. Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service. In Iowa, a document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission. In Minnesota, all documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed. The Illinois Department of Professional Regulation administrative rules are silent with regards to the deadlines associated with the assessment of costs in contested case hearings. In Iowa, parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party. In Minnesota, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees.
17. Contact Name				18. Contact Phone Number
Katie Paff				608-261-4472

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

General Part I, Chs. 301—319
Commercial Building Code, Chs. 361—366

rulemaking_notices CR 14-020 CR 14-020

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.02 (15) (h) to (j), 101.63 (1), 101.981 (2), 101.982, and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), 101.981 (2), 101.982, 101.983, and 101.988 of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider a proposed order to revise Chapters SPS 318, 362, and 366 relating to elevators, escalators, and lift devices.

Hearing Information

Date:   Monday, March 17, 2014
Time:   Commencing at 10:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121C
  Madison, Wisconsin

Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366; or by email at [e-mail]; or on the following website: http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Proposed Order

An order of the Department of Safety and Professional Services to repeal SPS 362.3006 (3);

to renumber SPS 362.3004 (2) and 362.3006 (1), (2), and (4);

to repeal and recreate SPS 318, 362.3002 (3) and 362.3006 (1) (Note);

and to create SPS 362.1009, 362.1109, 362.3004 (2) and (3) (b) 2. d., 362.3006 (1) and (3) and (Note), 366.0604, and 366.0605 relating to elevators, escalators, and lift devices, and affecting small business.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), 101.981 (2), 101.982, 101.983, and 101.988, Stats.

Statutory authority

Sections 101.02 (15) (h) to (j), 101.63 (1), 101.981 (2), 101.982, and 227.11 (2) (a), Stats.

Explanation of agency authority

Under sections 101.63 (1), 101.981 (2), and 101.982 of the Statutes, the Department has authority to promulgate rules for the safe installation, operation, testing, and inspection of conveyances, which include elevators, escalators, and lift devices. Under section 101.982, Stats., the Department also has authority to promulgate rules for enforcement of the technical standards for these conveyances.

Sections 101.02 (15) (h) to (j) of the Statutes require the Department to promulgate rules for the construction, repair, and maintenance of safe public buildings and places of employment — and to prescribe the safety devices and standards that are needed to protect the life, health, safety and welfare of the employees and frequenters therein.

Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Related statute or rule

The Wisconsin Commercial Building Code, which consists of chs. SPS 361 to 366.

The Wisconsin Uniform Dwelling Code, which consists of chs. SPS 320 to 325.

Plain language analysis

Currently, the Department's standards for conveyances are contained in ch. SPS 318, Elevators, Escalators and Lift Devices. The chapter currently adopts and references the following two national standards promulgated by the American Society of Mechanical Engineers (ASME®), as the basis of the chapter's technical standards:

•   ASME A17.1-2007, Safety Code for Elevators and Escalators.

•   ASME A18.1-2005, Safety Standard for Platform Lifts and Stairway Chairlifts.

Chapter SPS 318 currently includes modifications made to these two standards.

The proposed revisions to ch. SPS 318 would adopt the current editions of the ASME A17.1 and A18.1 standards, which are the 2013 and 2011 editions, respectively. The proposed rule revisions also contain a number of modifications to the technical requirements within these standards, such as refining how various inspections are to occur, and include reorganizing the current requirements and applying various editorial improvements — all of which are intended to better reflect contemporary industry and regulatory best practices.

Summary of, and comparison with, existing or proposed federal regulations

No existing or proposed federal regulations were found to address or impact the activities to be regulated by these rule revisions.

Comparison with rules in adjacent states

An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1 and A18.1 standards. The adjacent states also create amendments to the adopted standards, similar to Wisconsin's administrative rules relating to elevators, escalators, and lift devices.

The following are the adjacent states and the editions of the ASME standards that they adopt and enforce:

(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2010 edition of the ASME A17.1 standard, Safety Code for Elevators and Escalators; the 2005 edition of the ASME A17.3 standard, Safety Code for Existing Elevators and Escalators; and the 2008 edition of the ASME A18.1 standard, Safety Standard for Platform Lifts and Stairway Chairlifts are each adopted by reference.

(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees all elevators, escalators, dumbwaiters, and related equipment to ensure they comply with all applicable rules and statutes. The 2010 edition of the ASME A17.1 standard and the 2011 edition of the ASME A18.1 standard are both adopted by reference.

(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements address the design, construction, installation, alteration, repair, removal, operation, and maintenance of passenger elevators. The 2004 edition of the ASME A17.1 standard and its A17.1A addenda and 2005 supplement are adopted by reference, as is the 2005 edition of the ASME A18.1 standard.

(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits; examination and licensing of elevator journeypersons and contractors; inspecting elevators, escalators, and dumbwaiters; investigating complaints; and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair, and operation of elevators. The 2007 edition of the ASME A17.1 standard and the 2008 edition of the ASME A18.1 standard are both adopted by reference.

Summary of factual data and analytical methodologies

The primary methodology for this updating of ch. SPS 318 consisted of comprehensively reviewing and assessing the latest editions of the national technical standards for the design and construction of conveyances, which serve as the basis for ch. SPS 318. Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under ch. SPS 318. The Department's review and assessment process included the participation of the Conveyance Safety Code Council, as established under ch. 15 of the Statutes. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances.

The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety, and welfare in the design, construction, use, operation, and maintenance of conveyances in commercial and residential buildings. The ASME-standard-setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME website at www.asme.org.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts of complying with both the technical and administrative requirements of the proposed rule revisions.

By posting rule development and council activities on the Department's website, small businesses can follow the development of proposed code changes.

Adopting the current editions of the ASME A17.1 and A18.1 standards are not expected to impose a significant impact on small businesses selling conveyances or providing services for conveyances.

It is anticipated these rule revisions will not have a significant impact on small businesses installing elevators and dumbwaiters.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

The Department believes the proposed rule revisions will not increase the effect on small businesses beyond what the current rules impose on them.

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail]:, or by calling [phone].

Agency Contact Person

Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone [phone]; or by e-mail at [e-mail]; or by telecommunications relay services at 711.

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: [phone]
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 318, 362, and 366 – Elevators, Escalators, and Lift Devices
3. Subject
Elevators, Escalators, and Lift Devices
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
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 proposed rule revisions would primarily adopt the most current edition of the American Society of Mechanical Engineers (ASME) A17.1 and A18.1 standards for conveyances, which are the 2013 and 2011 editions, respectively. The revisions contain a number of modifications to the technical requirements within these standards, primarily relating to how inspections occur, and include reorganizing the current requirements and applying various editorial changes – all of which are intended to better reflect contemporary industry and regulatory best practices.
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.
Representatives of manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances
11. Identify the local governmental units that participated in the development of this EIA.
City of Madison
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)
Some additional cost may be incurred because of additional testing of below-grade hydraulic components of some existing hydraulic elevators, as required by the ASME A17.1 standard, but this requirement is not expected to have a significant adverse effect.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Installation, operation, inspection, and testing of elevators, escalators, and lift devices would be guided by more up-to-date standards and information; and public safety would be increased. The alternatives include continuing to apply the current, outdated standards.
14. Long Range Implications of Implementing the Rule
Clarity and ease of use of the regulations, and public safety, would be improved.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the proposed rule revisions.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See comparison in the rule analysis that accompanies the proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

Uniform Dwelling Code, Chs. 320—325

rulemaking_notices CR 14-015 CR 14-015, EmR1403