Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
2013-15 budget changes to youth options and course options.
Rule Type
Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The 2013-15 budget,
2013 Wisconsin Act 20, recreated the part-time open enrollment program into the course options program under s.
118.52, Stats. A rule is needed to govern the course options program since an application process must be in place for those students wishing to apply to take course options classes in the spring and fall of 2014. Unless a rule is in place, the Department may be prevented from efficiently implementing and administering the course options program.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rulemaking is to create a separate rule chapter to reflect the course option structure that was created in the 2013-15 budget and delete the part-time open enrollment portion of ch.
PI 36. Additionally, the youth options rule chapter may need to be updated to align with the changes in the course options rule chapter.
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
The 2013-15 budget,
2013 Wisconsin Act 20, made significant changes to the part-time open enrollment program. As a result, the rule chapters for the part-time open enrollment program and youth options program need to be revised to reflect those changes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." A rule is necessary to effectively administer the course options program under s.
118.52, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
School districts will be affected by this rule.
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
N/A.
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 rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Contact Person
Bureau For Policy And Budget
Attn: Katie Schumacher
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was approved by the Governor on October 31, 2013.
Rule No.
Chapters
SPS 1,
1 Appendix
I,
1 Appendix
II,
2,
2 Appendix
I,
3,
3 Appendix
I,
4,
6,
7,
8,
8 Appendix
I,
9, and
500 (revise).
Relating to
Administrative procedures and small business enforcement discretion.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking project is intended to review and update Department administrative procedures and incorporate rule changes to ch.
SPS 500, Wis. Adm. Code, as affected by the enactment of
2011 Wisconsin Act 46.
The Department is evaluating a number of modifications to SPS chapters. Modifications include:
1. Clarifying procedures for summary judgment motions.
2. Eliminating references to former Division titles.
3.
Modifying deadlines associated with the assessment of costs in s.
SPS 2.18, Wis. Adm. Code.
4.
Updating the reference to the “complainant's attorney" in ch.
SPS 2 Appendix I, Wis. Adm. Code.
5. Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.
6.
Adding pertinent rule authority references to ch.
SPS 4, Wis. Adm. Code.
7.
Amending s.
SPS 6.11, Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.
8.
Revising the definition of “first occurrence" in ch.
SPS 8, Wis. Adm. Code, to more closely align with s.
440.205, Wis. Stats.
The rules are also to be reviewed for clarity, consistency and format which may result in non-substantive revisions.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by the proposal.
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
Existing rules for Department administrative procedures reflect previously used practices and policies. Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, and incorporate technological efficiencies. The alternative to updating and modernizing Department administrative procedures is to continue with current rules that reflect outdated practices and create inefficiencies and uncertainties.
2011 Wisconsin Act 46 requires that each agency establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. These rules must include a definition of “minor violation". Chapter
SPS 500 outlines the discretion that may be exercised by the Department in enforcement actions undertaken to obtain compliance with Department rules and guidelines, by a small business. This chapter, however, does not include a definition of “minor violation". The proposed rule change would incorporate a definition of “minor violation" to ch.
SPS 500 as required by
2011 Wisconsin Act 46.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.04 (2) (b), Wis. Stats. Consistent with the requirements under s.
895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of “minor violation".
Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 440.03 (1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section 440.03 (13) (am), Wis. Stats.
A person holding a credential under chs.
440 to
480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All Department credential holders
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
Contact Person
Safety and Professional Services
Uniform Dwelling Code, Chs.
SPS 320—325
This statement of scope was approved by the Governor on October 29, 2013.
Rule No.
Relating to
One- and two-family dwellings.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking is to update and clarify Wisconsin's Uniform Dwelling Code (UDC), as contained in chs.
SPS 320 to
325. This Code establishes statewide construction and inspection standards for one- and two-family dwellings, including modular homes. This update and clarification should make this Code consistent with contemporary construction practices, products, and materials; model standards and codes; and regulatory practices — in order to protect the health, safety, and welfare of the occupants and owners of these dwellings. These rule changes may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
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
The Uniform Dwelling Code establishes statewide, uniform construction and inspection standards; includes references to many national standards and codes; and reflects national building and energy-efficiency trends. The most recent update of this Code began in 2005 and became effective on April 1, 2009. The Wisconsin Statutes require the Department to review this Code every three years, and authorize the Department to revise the rules after consulting with the Governor-appointed Uniform Dwelling Code Council.
Working with the UDC Council, the Department plans to correct code-clarity problems; incorporate code interpretations that have been developed since the last code-change cycle; update currently adopted standards; incorporate new construction practices, products, standards, or materials; and incorporate any needed new requirements.
