Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 792A1

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: December 6, 2021
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Table of Contents



Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR2129
Expires: May 3, 2022
First Appearance
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
EmR2128
Expires: April 22, 2022
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
Supervision of physical therapist assistants
EmR2127
Expires: November 2, 2023 or until permanent rules take effect, whichever is sooner
Psychology Examining Board (Psy)
ch. Psy 1
ch. Psy 2
ch. Psy 4
Definitions, interim psychologist licensure requirements, reciprocity requirements, reciprocal credentials for service members, former service members, and their spouses, supervised psychological experience, temporary practice for out of state providers, and renewal requirements
EmR2126
Expires: March 15, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2125
Expires: March 1, 2022, except Sections 1 and 2 expire on April 24, 2022
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19
EmR2124
Expires: July 1, 2023, or the date on which the permanent rules take effect, whichever is sooner.
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 61
Qualified residential treatment programs
EmR2123
Expires: January 17, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
EmR2122
Expires: January 16, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations
EmR2121
Expires: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2120
Expires: December 19, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior
EmR2119
Expires: December 19, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan (Ch. NR 20)
EmR2117
Expires: January 7, 2022
First Extension
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue
EmR2116
Expires: December 31, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2115
Expires: December 29, 2021
First Extension
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: December 16, 2021
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2113
Expires: December 31, 2021
Second Extension
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
EmR2111
Expires: The date on which rules promulgated pursuant to s. 94.55 (3w), Stats., take effect.
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
EmR2110
Expires: December 22, 2021
Second Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: December 13, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2045
Expires: February 7, 2023, or the date on which permanent rules take effect, whichever is sooner
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
ch. DWD 272
ch. DWD 274
Minimum wage and hours of work and overtime
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 88
Licensed adult family homes

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and Great Lakes commercial harvest reporting
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 250
ch. DCF 251
ch. DCF 252
School-age child care programs and other child care licensing updates
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 140
Numerical standards to minimize the concentration of polluting substances in groundwater
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
Amending the list of date-regulated wild rice harvesting waters in s. NR 19.09 (4)
Department of Corrections (DOC)
ch. DOC 328
Adult field supervision

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 11
Reevaluation criteria for orthopedic impairment, traumatic brain injury, and significant developmental delay disability categories
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and Great Lakes commercial harvest reporting
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 250
ch. DCF 251
ch. DCF 252
School-age child care programs and other child care licensing updates
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 140
Numerical standards to minimize the concentration of polluting substances in groundwater
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
Amending the list of date-regulated wild rice harvesting waters in s. NR 19.09 (4)
Department of Corrections (DOC)
ch. DOC 328
Adult field supervision

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Public Service Commission (PSC)
ch. PSC 135
Gas safety
Department of Public Instruction (PI)
ch. PI 34
Educator preparation program and licensing flexibilites
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Self-employment policies for the child care subsidy program

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings

Executive Orders

Document
Related to
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for Master Trooper Dan Stainbrook of the Wisconsin State Patrol
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for firefighter Brandon R. Romo of the Pardeeville Fire Department

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters

Public Notices

Document
Agency
Related to
Department of Health Services (DHS)
Rate adjustment to fee-for-service ambulance Medical Assistance (MA) maximum fee rates, effective January 1, 2022
Department of Agriculture, Trade and Consumer Protection (ATCP)
Adjustments in dollar amounts for repair charges subject to mechanic’s liens under Wis. Stat. § 779.41
Department of Agriculture, Trade and Consumer Protection (ATCP)
Adjustments in dollar amounts for liens on vehicles for towing and storage under Wis. Stat. § 779.415 (1g)
Department of Financial Institutions (DFI)
The interest rate to be paid on escrow accounts subject to s. 138.052 (5) (am), Stats.
Department of Natural Resources (NR)
Wisconsin’s proposed revision to Wisconsin’s State Implementation Plan (SIP) for air quality to the U.S. Environmental Protection Agency (EPA)
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
Sealing and Stamping of Documents

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@legis.wisconsin.gov

 
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