Rule No.
Relating to
Towing of vehicles.
Rule Type
Permanent and emergency rule.
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed description of the objective of the proposed rule
This rule will create uniform requirements related to the towing of vehicles from certain property, as authorized by
2013 Wisconsin Act 76. A standard notice will be required to mark areas where parking is prohibited. A uniform charge for removal and storage of vehicles will be created, and there will be a uniform process for towing services to follow to alert law enforcement that a vehicle has been towed.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Under existing law, towing a vehicle requires that law enforcement first issue a citation. Under
2013 Wisconsin Act 76, if a vehicle illegally parked in a “properly posted" area, it is unnecessary for law enforcement to issue a citation prior to removal of the vehicle. Per
2013 Wisconsin Act 76, this rule will establish what type of display is necessary to qualify as “properly posted." Chapter
Trans 319 will establish reasonable charges for removal and storage of a vehicle, and create guidelines for towing services to follow to alert law enforcement that a vehicle has been towed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
These rules are required to be promulgated by
2013 Wisconsin Act 76; Wis. Stats. 349.13 (3m) (e). The department shall promulgate rules establishing all of the following:
1. Reasonable charges for removal and storage of vehicles under this subsection.
2. The form and manner of display of notice necessary to qualify as “properly posted" under par. (a) 2.
3. Guidelines for towing services to notify law enforcement under par. (d) upon removal of a vehicle.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department of Transportation (“DOT") estimates that it will take approximately 500 hours, or 0.25 FTE staff, to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DOT will use existing staff to develop this rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule has potential impact on any private property owner who chooses to “properly post" a notice of illegal parking on their property; any member of the motoring public who parks in violation of such a posting; and all towing and recovery services who remove a vehicle under the authority created by
2013 Wisconsin Act 76.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities of the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Under existing law, the charge for removal and storage of vehicles is not uniform. This rule would establish reasonable charges for storage and removal of vehicles under
2013 Wisconsin Act 76. The specific impact of this change will vary by business.
Contact Person
Zachary Wyatt, Division of State Patrol, Bureau of Transportation Safety, (608) 266-0403.
Workforce Development
Worker's Compensation, Chs.
DWD 80—81
This statement of scope was approved by the governor on July 1, 2014.
Rule No.
Relating to
Minor and technical changes to the worker's compensation program.
Rule Type
Permanent.
1. Finding / Nature of the Emergency (Emergency Rule Only)
Not applicable
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will make changes to ch.
DWD 80, relating to reports by insurance carriers and self-insured employers, vocational rehabilitation training for injured employees, wrap-up insurance, uninsured employer's fund, notice of cancellation, termination and nonrenewal of insurance coverage, and necessity of treatment disputes.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Reports by Insurance Companies and Self-insured Employers
Section
DWD 80.02 (2) identifies the reports that self-insured employers and insurance companies are required to submit to the department for injuries if there is a disability beyond the 3
rd day after the employee leaves work as a result of the accident or disease.
Under the proposed rule, the following amendments will clarify that a self-insured employer or insurance company is required to report to the department when:
• Salary continuation payments to the employee are paid to an employee during the employee's healing period for injuries with disabilities that continue for more than three (3) days.
• Salary continuation payments to the employee are changed to payments for permanent disability.
• Salary continuation payments are reinstated during the employee's healing period.
• The final payment of salary continuation is made during the hearing period.
The proposed rule will also require a self-insured employer or insurance company to submit a final report of the employee's treating practitioner if the employee sustains an eye injury that requires medical treatment on three or more occasions off the employer's premises.
The proposed rule will create guidelines that require a self-insured employer or insurance company to file an update with the department, on form prescribed by the department, and to the newly retained claims handling office or third party administrator, for any open claim with more than 26 weeks of temporary disability, or permanent total disability. The proposed rule will also establish guidelines when the department may require submission of this information for any open claims with less than 26 weeks of temporary disability, or permanent total disability.
In addition, the proposed rule will require a self-insured employer or insurance company to submit to the department, on a form prescribed by the department, on an annual basis within six months of the beginning of a new calendar year any payments for permanent total disability and supplemental benefits made during the previous year.
Vocational Rehabilitation Benefits
Section
DWD 80.49 references outdated terminology related to vocational specialists and retraining plans developed for injured employees pursuing vocational rehabilitation training. The proposed rule will repeal the obsolete terminology and use current terminology to define retraining plans developed for injured employees pursuing vocational rehabilitation training and describe vocational specialists.
Wrap-up Insurance
Section
DWD 80.61 requires the use of department forms WKCA-19.4 W-U and WKCA-19.5 W-U, which are no longer utilized by the department. The proposed rule will repeal the requirement to file forms WKCA-19.4 W-U and WKCA-19.5 W-U which are obsolete and create language to authorize the use of forms prescribed by the department.
Uninsured Employers Fund
Section
DWD 80.62 requires the department to submit to the Governor, and presiding officer of each house of the legislature, a report on the Uninsured Employers Fund on a quarterly basis. Under
1989 Wisconsin Act 64, this requirement sunset on April 15, 1992 and will be repealed.
Notice of Cancellation and Termination of Insurance Coverage
Section
DWD 80.65 identifies specific methods of delivery to the Wisconsin Compensation Rating Bureau when a worker's compensation insurance company gives notice of a cancellation or terminates a policy. The proposed rule will allow methods of delivery which are approved by the department.
The proposed rule will also amend the section title to include nonrenewal of insurance coverage and create statutory cross-references for cancellations, terminations, and non-renewals of insurance policies issued to professional employer organizations and employee leasing companies.
Necessity of Treatment Disputes
Section
DWD 80.73 requires an insurer or self-insured employer to give written notice to a health care provider when the insurer or self-insured employer refuses to pay for treatment costs determined to be unnecessary. The insurer or self-insured employer is required to identify why it believes the treatment was unnecessary, including the organization and credentials of any person who provides supporting medical documentation. The proposed rule will require an insurer or self-insured employer to also include all supporting medical documentation used to determine the treatment unnecessary.
The department did not prepare an analysis of policy alternatives since the proposed rulemaking is only intended to simplify, reduce, or increase the efficiency of certain requirements, or is of a clarifying nature.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The following statutory provisions provide authority for the proposed rulemaking:
“….if the injured employee sustained an eye injury requiring medical treatment on 3 or more occasions off the employer's premises, the department may by rule require the insurer or self-insured employer to submit to the department a final report of the employee's treating practitioner…"
“(1) Subject to this chapter, the department may adopt its own rules of procedure and may change the same from time to time."
“The department shall promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process under this subsection, including rules setting the fees under par. (f) and rules establishing standards for determining the necessity of treatment provided to an injured employee…. "
“…The department may provide by rule that the notice of cancellation or termination be given to the Wisconsin compensation rating bureau rather than to the department in a medium approved by the department after consultation with the Wisconsin compensation rating bureau…."
“Every insurance company that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the time and manner of making the payments and shall furnish reports based upon these records and any other information to the department as the department may require by rule or general order, in a format approved by the department."
“The department shall promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process under this subsection. Those rules shall include rules specifying the procedure and requirements for certification of private rehabilitation counselors."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 120 hours.
6. List with Description of all Entities that May be Affected by the Proposed Rule
Injured employees with worker's compensation claims, worker's compensation insurance companies, self-insured employers, worker's compensation claims handling offices, third party administrators, health care providers and Wisconsin Compensation Rating Bureau.
7. Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule.
There are no existing or proposed federal regulations related to the proposed rules.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule will have no economic impact locally or statewide. The proposed rule is primarily procedural in nature and will have no economic impact on small businesses.
9. Contact Person
James T. O'Malley, Director, Worker's Compensation Bureau of Legal Affairs, (608) 267-6704, Jim.OMalley@ dwd.wisconsin.gov.
