Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection (2)
emergency_rules EmR1413
1. EmR1413 (ATCP DOCKET # 14-R-09) — The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following emergency rule to amend
chapter ATCP 127, subchapter V (Title) and section 127.82 (2); to repeal
sections ATCP 127.81 (3) (c), (d), (e) and (Note) and 127.82 (3), (4), (5), (6), and (7); to repeal and recreate
sections ATCP 127.80 (5), 127.81 (2) (j), 127.82 (Title) and (1) and 127.82 (8); and to create
section ATCP 127.80 (6r), relating to telephone solicitations and the state do-not-call registry.
This emergency rule was approved by the Governor on July 29, 2014.
The scope for this rule, SS
049-14, was approved by the Governor on May, 14, 2014, published in register No. 701 on May 31, 2014, and approved by the Board of Agriculture, Trade and Consumer Protection on June 12, 2014.
Finding of Emergency
(1) In Wisconsin, businesses wishing to solicit consumers by telephone must register with the department and pay an annual registration fee.
(2) A recent statutory change eliminated Wisconsin's separate no-call list and requires telephone solicitors to use the Wisconsin portion of the national do-not-call registry.
(3) The law also requires the department to create telephone solicitor registration requirements by rule that will show proof that the businesses have registered with the federal trade commission's do-not-call registry to obtain and use the Wisconsin portion of the national do-no-call registry.
(4) The statutory change takes effect August 1, 2014. However, the permanent rule-making establishing these registration requirements will not be effective until mid-2015.
(5) The department must adopt registration requirements by emergency rule by August 1, 2014 so telephone solicitors can register with the department and comply with the law before the permanent rule is completed.
(6) This temporary emergency rule is necessary to protect the welfare of businesses that wish to register as telephone solicitors in Wisconsin. Without this emergency rule, telephone solicitors would not be able to register with the department and would not be able to comply with the no-call law.
Filed with LRB:
July 29, 2014
Publication Date:
August 1, 2014
Effective Dates:
August 1, 2014 through
December 28, 2014
Extension Through:
February 26, 2015
emergency_rules EmR1424
2. EmR1424 — The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following emergency rule to amend
section ATCP 21.17 (1) (b) and to create
section ATCP 21.17 (1) (c), relating to the quarantine of Columbia, Door, Grant, Green, Iowa, Lafayette, Monroe, and Richland Counties for the emerald ash borer beetle.
This emergency rule was approved by the Governor on September 11, 2014.
The blanket scope for this rule, SS
141-13, was approved by the Governor on October 30, 2013, published in register No. 695 on November 14, 2013, and approved by the Board of Agriculture, Trade and Consumer Protection on December 10, 2013.
Finding of Emergency
(1) The United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in the village of Fish Creek, Door County on June 10, 2014. EAB was also identified in the city of Sturgeon Bay on June 19, 2014. APHIS subsequently identified EAB in Nelson Dewey State Park, Grant County, and in the Village of Oakdale, Monroe County, on July 11, 2014. On July 17, 2014, APHIS identified EAB in the Town of Lodi, Columbia County. While EAB has not yet been positively identified in the southwestern contiguous counties of Richland, Iowa, Lafayette, and Green, these four counties are now completely surrounded by the state and federal EAB quarantine. It is very likely that these counties already contain some level of EAB infestation, and there is little economic or ecological benefit to keeping them out of the quarantine. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Columbia, Door, Grant, Green, Iowa, Lafayette, Monroe, and Richland Counties but that it will take six to eight weeks for APHIS to act. An eight-week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of this county to areas of Wisconsin or other states that are not infested with EAB.
(2) DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
September 25, 2014
Publication Date:
September 26, 2014
Effective Dates:
September 26, 2014 through
February 22, 2015
Hearing Date:
October 27, 2014
Children and Families (2)
Safety and Permanence, Chs.
DCF 35—59
emergency_rules EmR1414
EmR1414 — The Wisconsin Department of Children and Families orders the renumbering of
sections DCF 50.06 (2), 57.515 (1), and 58.04 (4) (a) and (b); the renumbering and amendment of
section DCF 57.515; the amendment of
sections DCF 50.06 (3) (b) 1., 52.02 (2) (a) and (note), 52.03 (23), 52.12 (8) (b) and (9) (c) (intro.) and 1., 52.21 (3) (d) 2. a. and (9), 52.22 (1) (d), 52.41 (1) (a) 3., 52.48 (1) (b), 52.56 (24) (a), 52.58 (4) (b) 1. and 2., 52.61 (7) (a) 2. c. to e., 52.62 (4) (b) 4., and (7) (a) (intro.) and 2. to 5., 55.10 (4) (a) (intro.),1., and 2. a., 56.03 (12), (13), (34p), and (38), 57.02 (2) and (note), 57.05 (1) (c) (note), 57.13 (1) (j), 57.14 (2) and (4) (a) 1., 57.16 (4), 57.17 (2) (h), 57.23 (2) (a) (intro.), 57.25 (6) (b) and (c), 57.33 (2), 57.38 (2), and 58.03 (12) and (15); the repeal and recreation of
sections DCF 52.03 (22), 52.21 (3) (d) (title), 1., and 2.c., 52.62 (4) (b) 5., 54.01 (4) (b), 56.03 (5), 57.04 (6) and (34), 57.19 (6), 58.03 (3), and 58.04 (4) (title); and the creation of
Chapter DCF 21 and sections DCF 50.06 (2) (a) (title) and 11., (2) (b), and (3) (b) 1. c., 52.03 (27m), 52.21 (3) (d) (note), 52.62 (4) (d) and (note), 55.10 (4) (a) 3. and (am), 56.04 (39), 56.09 (1m) (cm), 57.14 (2) (c), 57.23 (2) (a) 13., 57.515 (2) and (note), 58.03 (20), and 58.04 (4) (b), relating to the extension of out-of-home care to children and youth 18 years of age or over, but under 21 years of age, and affecting small businesses.
This emergency rule was approved by the governor on July 25, 2014.
The statement of scope for this rule, SS
045-14, was approved by the governor on May 8, 2014, published in
Register 701, on May 31, 2014, and approved by Secretary Eloise Anderson on June 20, 2014.
Finding of Emergency
Section
118 (1) (b) of
2013 Wisconsin Act 334 allows the department to promulgate an emergency rule to implement the extension of out-of-home care to children and youth 18 years of age or over, but under 21 years of age, under ss.
48.366 and
938.366, Stats., as an emergency rule without a finding of emergency.
Filed with LRB:
July 29, 2014
Publication Date:
August 1, 2014
Effective Dates:
August 1, 2014 through
December 28, 2014
Hearing Date:
October 16, 2014
Extension Through:
February 26, 2015
emergency_rules EmR1427
2. EmR1427 — The Wisconsin Department of Children and Families orders the creation of
Chapter DCF 40, relating to the review of a determination of child abuse or neglect.
This emergency rule was approved by the governor on December 2, 2014.
The statement of scope for this rule, SS 0008-14, was approved by the governor on January 30, 2014, published in
Register 698 on February 15, 2014, and approved by Secretary Eloise Anderson on March 12, 2014.
Finding of Emergency
Section
48.981 (3) (c), Stats., as affected by
2013 Wisconsin Act 20, creates a new statewide process for appeals of determinations by a county department, the department, or a licensed child welfare agency that a specific person has abused or neglected a child. The statutory changes creating the new appeal process will be effective January 1, 2015. Act 20 directs the department to promulgate rules to specify the procedures for the initial stage of the appeal process. An emergency rule is necessary for these rules to be effective January 1, 2015.
Filed with LRB:
December 15, 2014
Publication Date:
December 17, 2014
Effective Dates:
January 1, 2015 through
May 30, 2015
Hearing Date:
January 27, 2015
Health Services
emergency_rules EmR1410
EmR1410 — The Wisconsin Department of Health Services hereby adopts emergency rules to renumber and amend
section DHS 115.05 (3); to amend
sections 115.01, 115.02, and 115.04 (intro.); and to create
section 115.04 (15) and (16), relating to screening newborns for congenital and metabolic disorders.
This emergency rule was approved by the Governor on June 27, 2014.
The statement of scope for this rule, SS
057-14, was approved by the Governor on June 5, 2014, published in
Register 702, on June 14, 2014, and approved by Secretary Rhoades on June 25, 2014.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
1. Section
253.13 (1), Stats., requires attending physicians and nurses licensed under s.
441.15, Stats., to cause every infant born in each hospital or maternity home, prior to the infant's discharge to be subjected to tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse licensed under s.
441.15, Stats., or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these tests.
2. Section
DHS 115.04 lists the disorders for which newborns must be tested under s.
253.13 (1), Stats.
3. Critical congenital heart disease (CCHD) is described as those congenital cardiac malformations in which surgical or catheter-based therapy is necessary within the first months of life. There are 12 lesions commonly considered as CCHD. In some circumstances, infants with CCHD may be asymptomatic and have a normal physical examination prior to routine hospital discharge or completion of home birth care. Unrecognized CCHD can result in death or disability shortly after hospital discharge.
4. Death due to unrecognized CCHD from 2002 to 2006 occurred in 1:38,397 Wisconsin births and death or re-hospitalization occurred in 1:24,684 Wisconsin births before two weeks of age. The median age at death due to unrecognized CCHD was 4.5 days.
5. Pulse oximetry, a point of care testing, is the recognized screening method for CCHD.
6. Prior to
2013 Wisconsin Act 135, adding pulse oximetry screening for CCHD to the mandatory panel was not permitted because testing for congenital and metabolic disorders under s.
235.13 (1), Stats. (2011-12), was explicitly limited to blood testing. Section
253.13 (1), Stats., as amended by
2013 Wisconsin Act 135, now allows testing for congenital and metabolic disorders using other screening methods including blood testing.
7. The Wisconsin State Laboratory of Hygiene (WSLH) tests newborns for organic acidemias (OA), a group of inherited disorders that lead to an abnormal buildup of particular acids, known as organic acids, in the body.
8. Abnormal levels of organic acids in the blood (organic acidemia), urine (organic aciduria), and tissues can be toxic and can cause serious health problems. A baby affected with an OA is usually well at birth and for the first few days of life. The usual clinical presentation is that of toxic encephalopathy and includes vomiting, poor feeding, neurologic symptoms such as seizures and abnormal tone, and lethargy progressing to coma. Outcome is improved by diagnosis and treatment in the first ten days of life.
