Rule-Making Notices (Hearing Notices)

TCS 3.04 Instructor requirements. (1) Each academic and occupational instructor shall meet applicable requirements established by the Higher Learning Commission and federal and state licensing requirements.

(2) Each occupational instructor also shall have a minimum of two years (4,000 hours) of occupational experience in a target job for the program(s) being taught, of which at least one year (2,000 hours) shall be within five years prior to the date of appointment. One year (2,000 hours) of related occupational experience may be waived if the occupational instructor has at least two years of post-secondary teaching experience in the appropriate occupational field within five years prior to the date of appointment (two years of post-secondary teaching experience means eight semesters of part-time teaching or four semesters of full-time teaching at an accredited institution).

(3) An exception to the occupational experience requirements under s. TCS 3.04(2) may be granted by the district director or designee for:

(a) Emergency staffing situations;

(b) Pending credentials;

(c) Specialized expertise or renowned qualifications of candidate;

(d) Emerging fields; and

(e) Lack of candidate availability.

(4) An occupational experience exception under s. TCS 3.04(3) shall only be allowed if a plan is approved by the district director or designee to ensure the occupational instructor granted the exception complies with occupational experience requirements within the time period specified pursuant to s. TCS 3.05(2).

TCS 3.05 Faculty Quality Assurance System. Each district shall provide annual reports as required by the System President on its activities to maintain a faculty quality assurance system that includes all of the following:

(1) district recruitment and hiring procedures for academic and occupational instructor positions that:

(a) demonstrate efforts to achieve a diverse instructor population;

(b) include subject matter expert participation in the development of each new instructor position;

(c) comply with all state and federal laws;

(d) comply with Board policy on criminal background checks;

(e) verify prospective employee qualifications; and

(f) address onboarding for new employees through providing a district employee handbook or standard operating practice and the Wisconsin Technical College System mission, vision and strategic direction.

(2) professional development plans for each academic and occupational instructor that ensures the instructor:

(a) completes all System President-approved competencies within three years of the date of employment if full-time or within five years of the date of employment if part-time.

(b) maintains currency in their assigned content area(s). The district director or designee shall establish a process to maintain currency of academic and occupational instructors.

(c) fulfills occupational experience requirements within the time period specified by the district director or designee for an occupational instructor hired pursuant an occupational experience exception under to TCS 3.04 (3).

(d) complies with all other requirements and policies set forth by the State Board or System President.

(3) a performance evaluation system for each full-time academic or occupational instructor that includes (a) documentation that the instructor and their supervisor discussed and set instructor goals; (b) data measures that will be used to assess instructor performance; and an (c) employee development or performance improvement plan.

(4) a process for evaluating academic and occupational instructors who are less than full-time.

(5) a plan that provides peer coaching and/or mentoring for all academic and occupational instructors.

TCS 3.06 Review of district compliance. The System President or designee shall review district compliance with the requirements established in this chapter under TCS 3.03, TCS 3.04 and TCS 3.05 at least once every three years.

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
Agency 292 - Chapter TCS 3
3. Subject
Certification of Personnel: Requirements & Procedures
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			None
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 X Local Government Units – technical colleges		⍽ 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
Chapter TCS 3, Certification of Personnel: Requirements and Procedures, was last amended in 1993 and requires repealing and recreating to address current standards and procedures for hiring and certifying the qualifications of instructors hired by WTCS colleges.
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.
Technical colleges were involved in assessing efficiency and effectiveness of the existing Ch. TCS 3 and identifying improvements to ensure the qualifications of WTCS faculty.
11. Identify the local governmental units that 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)
Wisconsin's technical colleges will benefit from improvements to the process for certifying the quality of WTCS faculty.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule will ensure highly qualified faculty at each of Wisconsin's 16 technical colleges.
14. Long Range Implications of Implementing the Rule
15. Compare With Approaches Being Used by Federal Government
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
17. Contact Name				18. Contact Phone Number
Nancy A. Merrill, Senior Policy Advisor & Federal Relations Officer				[phone]

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

Notice of Hearing

Transportation

rulemaking_notices CR 14-031 EmR1404, CR 14-031

NOTICE IS HEREBY GIVEN That pursuant to ss.227.11 (2), 343.06 (3), 343.065 (3), 343.14 (2) (i) 1., 343.23 (2) (a), 343.265 (1r), and 343.27, Stats., the Department of Transportation will hold a public hearing on the emergency rule and proposed permanent rule to consider the creation of section Trans 327.14, relating to motor carrier safety.

Hearing Date and Location

Date:   Thursday, May 1, 2014
Time:   1:00 p.m. to 3:00 p.m.
Location:   Wisconsin Department of Transportation
  Hill Farms State Transportation Building
  Room 144-B
  4802 Sheboygan Avenue
  Madison, WI 53707

Accessibility

English

DOT is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Alison Lebwohl at 608-266-0054. You must make your request at least 7 days before the activity.

Spanish

El PUNTO es patrón de la oportunidad igual y abastecedor de servicio. Si usted necesita comodidades debido a una inhabilidad o necesita a un intérprete o a traductor, o si usted necesita este material en otra lengua o en un formato alterno, usted puede solicitar ayuda de participar entrando en contacto con a Alison Lebwohl en 608-266-0054.You debe hacer su petición por lo menos 7 días antes de la actividad.

Hmong

DOT yog ib cov chaw ua hauj lwm vaj huam sib luag thiab muab kev pab. Yog hais tias koj xav tau kev kho kom haum vim yog muaj mob xiam oob qhab los yog xav tau ib tug neeg txhais lus los txhais, los yog hais tias koj xav tau qhov khoom ntawd rau lwm hom lus los yog txhais ua lwm hom ntawv, koj yuav thov kev pab mus xamphaj Alison Lebwohl ntawm 608-266-0054. yuav tsum ua koj txoj kev thov txog li 7 hnub ua ntej qhov kev ua.

To view the proposed permanent and emergency rule, and view the current rule, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Copies of Proposed Rule and Fiscal Estimate — Economic Impact Analysis

A copy of the proposed rule and the fiscal estimate-economic impact analysis may be obtained from the Department of Transportation at no charge by downloading the documents from www.adminrules.wisconsin.gov or by contacting:

Alison Lebwohl

Bureau of Driver Services Section, Division of Motor Vehicles

Wisconsin Department of Transportation

4802 Sheboygan Avenue, Room 809

P.O. Box 7995

Madison, WI 53707-7995

Phone: [phone]

Email: [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Alison Lebwohl via e-mail or U.S. mail, or to the Wisconsin Administrative Rules Website, at www.adminrules.wisconsin.gov until close of business on May 1, 2014.

Impact on Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a negative economic impact on small business. The Department's Small Business Regulatory Coordinator, Michele Carter, may be contacted at: [phone] or [phone], or by e-mailing her at: Michele.Carter@ dot.wi.gov.

Environmental Impact

The Department has made a preliminary determination that this action does not involve adverse environmental effects and does not need an environmental analysis. No petition has been received requesting an environmental analysis.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Sections 343.06 (3), 343.065 (3), 343.14 (2) (i) 1., 343.23 (2) (a), 343.265 (1r), and 343.27, Stats.

Statutory authority

Section 343.065 (3), Stats.

Explanation of agency authority

Current law requires the Department of Transportation to administer the driver license law for commercial motor vehicles contained in ch. 343, Wis. Stats. The state has declared its purpose and intent to implement and enforce the federal driver license laws so as to ensure receipt by this state of any federal highway aids. Federal law requires states to conform to federal regulations affecting commercial motor vehicles and their drivers, or face withholding of federal highway funds. See 49 CFR 384.401. The amounts to be withheld from a state that fails to conform to federal regulations affecting commercial motor vehicles or their drivers are 5% of federal highway aid for the first year of substantial nonconformity, and 10% per year of nonconformity thereafter. Current Wisconsin law also requires department rules affecting driver licenses not to conflict with, and be at least as stringent as, standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act.

On December 1, 2008, the federal motor carrier and safety administration (“FMCSA") issued its final rule concerning “Medical Certification Requirements as Part of the CDL [Commercial Driver License]" at 73 Federal Register 73096. Among other changes, the federal regulation requires commercial motor vehicle drivers to declare whether they intend to engage in driving operations that require the driver to maintain proof of medical examination showing the driver meets fitness qualifications, and requires the state driver licensing agency to `downgrade' the CDL of any driver that fails to timely make such certification or to maintain such proof on file. In response, Wisconsin enacted conforming statutory requirements as part of 2011 Wisconsin Act 32 (the 2011-13 biennial budget act), and required the Department of Transportation to: promulgate rules to define "downgrade" in accordance with federal law and regulations or guidance from the applicable federal agency; establish the process for downgrading a CDL, and whether or not a new CDL document will be issued after a CDL is downgraded; and to establish the process for reinstating a downgraded CDL after the department receives a valid medical certification or other appropriate certification of physical qualifications from the licensee. See s. 343.065 (3), Stats.

This rule-making implements s. 343.065 (3), Stats. The objective of this rule is to: implement federal requirements for commercial drivers to declare their intended driving type; obtain from drivers federally required medical examiner's certificates to the department; electronically enter the driver's self-certification of driving type and the status of their federal medical examiner's certification online for access by the driver, employers and other state; and for the department to timely make those certificates available for inspection by other states in which the driver may drive.

Related statute or rule

See the “Statutes interpreted": section; chs. Trans 112 and 327, Wis. Adm. Code.

Plain language analysis

This proposed rule-making would bring Wisconsin into conformity with federal regulations requiring that commercial drivers certify where they drive in commerce (“Tier of Operation"), and require drivers engaged in non-excepted interstate commerce to keep a valid federal medical certificate on file with the licensing state. The federal medical examiner's certificate (“FedMed Card") is proof of a qualified medical examination that determined the driver meets federal medical qualifications for operating a commercial motor vehicle. This rule does not change the requirements for when commercial drivers must hold a valid FedMed Card. Specifically, under this rule-making:

•   By January 30, 2014, all commercial drivers must certify their Tier of Operation to the Department. This may be: 1) interstate non-excepted (Tier 1); 2) interstate excepted (Tier 2); 3) intrastate non-excepted (Tier 3); or 4) intrastate excepted (Tier 4). Drivers can make the certification by mail, fax, online or by email, using a computer or a Smartphone, or at a DMV service center.

•   By January 30, 2014, all commercial drivers certifying their tier of operations as Tier 1 must file a FedMed Card with the department, and keep it up-to-date. Drivers can file FedMed Cards by mail, fax, online or by email, using a computer or a Smartphone, or at a DMV service center.

•   The department will update that commercial driver's record shown on the Commercial Driver License Information System (CDLIS) within 10 days, showing the self-certified tier of operation and whether the driver has filed any required FedMed Card or medical variance.

•   The department will “downgrade" the CDL of any commercial driver who: 1) Does not certify his or her tier of operation by January 30, 2014; 2) Self-certifies himself or herself as a Tier 1 driver and does not provide a valid FedMed Card; or 3) Is a Tier 1 driver whose FedMed Card expires, or is removed or rescinded by FMCSA. Federal regulations require downgrading for these reasons. The department will “downgrade" the CDL by removing the CDL privilege from the holder's driver's license, and the driver cannot drive commercial motor vehicles again until he or she certifies a tier of driving other than Tier 1, or submits a valid FedMed Card or medical variance. The driver may reinstate the CDL privilege without additional testing by correcting the cause for the downgrade.

•   The department will notify commercial drivers by mail or another method, and notify enrolled employers through Employer Notify, no more than 55 days before a FedMed Card filed with the department expires, upon expiration of that FedMed Card, and immediately upon downgrade.

•   Drivers will be able to use the online application – and employers who have signed up to use Employer Notify will be able to use Employer Notify – to verify: downgrade or reinstatement of commercial privileges; tier of operation; and, for Tier 1 drivers, the expiration date of FedMed Cards.

•   Fraudulent FedMed Cards – whether presented online, in a DMV field station, or at a safety and weight enforcement facility operated by the Division of State Patrol scale – will be considered a false application and treated accordingly.

•   If future federal rule-making provides FedMed information directly to states, then commercial drivers are required to certify only their tier of operation, but not necessarily provide a copy of a current FedMed Card to the department.

Summary of, and preliminary comparison with, existing or proposed federal regulation

This rule-making implements the final federal regulations concerning, “Medical Certification Requirements as part of the CDL" at 73 FR 73096 (Dec. 1, 2008). The rulemaking is intended to ensure Wisconsin's conformity with federal regulations in 49 CFR Part 383 and 391, requiring drivers of commercial motor vehicles to certify their type of driving to the department and submit a copy of their federal medical certificate to the department. All states are required to comply with these regulations.

Comparison with rules in the following states

The four states bordering Wisconsin all have requirements in place similar to those proposed herein. Specifically, all four states: require all CDL holders to certify their commercial driving as 1 of 4 types specified in federal law; require those drivers certifying their driving as `non-excepted interstate' to provide and maintain on file with the state driver licensing authority a valid federal medical certification or medical variance; `downgrade' a CDL by removing all commercial driving privileges, for all commercial drivers that do not complete the self-certification or do not provide the federal medical certificate, by January 30, 2014; and reinstate the downgraded driver that self-certifies a driving type other than non-excepted interstate, or provides a federal medical certification or medical variance. Iowa alone allows a grace period of 60 days after federally required deadlines before downgrading a CDL for noncompliance.

Illinois. Illinois administrative code requires all CDL holders on or after January 30, 2012 to self-certify one of four types of driving before January 30, 2014. Failure to self-certify will result in cancellation of the CDL privileges, per. Drivers who certify their driving as non-excepted interstate driving must submit and maintain on file a medical examiner's certificate and, if appropriate, a medical variance issued by the federal motor carrier safety administration (FMCSA). The removal of privileges remains in effect until the driver provides valid federal medical certification or medical variance, or certifies that the driver is not engaged in non-excepted interstate driving. These provisions of Illinois law are found at 92 Ill. Admin. Code 1030.22.

Iowa. Iowa requires all CDL holders to self-certify the type of commercial diving as one of four types, not later than January 30, 2014. Drivers who certify their operations as non-excepted interstate must provide the department of transportation a valid federal medical examiner's certificate. Iowa law prevents the licensing of any applicant for initial or renewal of a CDL who does not self-certify their driving or does not provide a federal medical certificate. Iowa law requires the downgrade of any driver certified as non-excepted. Iowa deems a CDL expired upon the expiration of a federal medical certificate, and 60 days thereafter will entirely remove the commercial driving privileges if the driver does not provide an updated federal medical certificate or self-certifies a type of driving other than non-excepted interstate. Similarly, Iowa does not remove the driving privileges from a driver who fails to make that self-certification until 60 days after that deadline. Drivers that are downgraded may reinstate a CDL by providing a valid federal medical certification or medical variance, or by self-certifying as driving something other than non-excepted interstate. These provisions of Iowa law are found at Iowa Admin. Code 761-607.50(321), and Iowa Statute at 321.182 and Iowa Code Supplement at 321.188 and 321.207.

Michigan. Michigan requires all CDL holders to declare one of four types of driving, and requires driver's who certify their driving as “non-excepted interstate" to provide a valid federal medical examiner's certificate". Michigan will remove all commercial driving privileges from the driver license if a driver fails to certify the type of driving or fails to provide and maintain a valid medical examiner's certificate or maintain. Although the Department was unable to find Michigan statutes or administrative code provisions related to this, the Michigan Secretary of State's website includes FAQs that describe the process summarized above, at: http://www.michigan.gov/sos/0,1607,7-127-48296---F,00.html#5.1 under the heading “ Commercial Drivers — Self and Medical Certification". According to the Michigan Secretary of State website, “You will lose your privilege to operate a CMV if you fail to provide a self-certification to the Secretary of State's Office before your CDL expires or by January 30, 2014, whichever date comes first." and “If you self-certify as a non-excepted interstate driver, you must present a completed and signed Medical Examiner's Certificate, which is also known as a DOT Medical Card, to the Secretary of State to continue your CDL application."

Minnesota. Minnesota statutes require CDL applicants to self-certify one of four types of driving and, if required by federal law (i.e. certifies as a non-exempt interstate driver) to provide and maintain with the driver licensing authority a valid federal medical examiner's certificate. Minnesota downgrades the commercial driving privileges of any driver who has certified himself or herself as being required by federal law to provide a federal medical examiner's certificate, unless within 30 days following written notice to the driver that the medical examiner's certificate is expired, the driver self-certifies as not engaged in non-exempt interstate driving, or provides the required a federal medical examiner's certificate or medical waiver. Minnesota accomplishes the downgrade by removing the commercial driving privileges from the person's driver license. These provisions are found at Minnesota Statutes Annot. 171.162. Minnesota administrative rules allow a downgraded CDL driver to reinstate commercial driving privileges within one year or less by submitting a valid federal medical certificate or by self-certifying as driving in something other than non-excepted interstate driving. However, if the commercial driving privileges are downgraded for more than one year the CDL driver must apply as a new CDL applicant and retake the knowledge and driving skills tests. These provisions are found at Minnesota Admin. Code 7421.0800.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen

Wisconsin considered several options for implementing this federal rule: require all commercial drivers, regardless of their tier of operation, to keep a current FedMed Card on record with the department; require that certification or provision of FedMed Cards could only be done in DMV service centers, or only online; require downgraded drivers to appear at service centers to reinstate or repeat some or all of the CDL licensing process. The current approach was selected because it is the most flexible and driver-friendly, yet still meets the letter and spirit of the federal requirements.

Analysis and supporting documentation used to determine effect on small businesses