CR 18-008 Rule Text

STATE OF WISCONSIN

Department of Safety and Professional Services

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ADOPTING RULES

(CLEARINGHOUSE RULE 18-008)

On February 27, 2018, the Joint Committee for Review of Administrative Rules approved a petition to repeal rules using the process under s. 227.26 (4), Stats.

ORDER

An order of the department to repeal ch. SPS 403, relating to educational approval chapter on procedure and authority for board functions.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

2017 Wisconsin Act 59

Statutory authority:

s. 440.52, Stats.

Explanation of agency authority:

2017 Wisconsin Act 59 eliminated the Educational Approval Board and transferred the duties to the Department of Safety and Professional Services. The statutory authority for Educational Approval was removed from s. 38.50, Stats., and inserted into s. 440.52, Stats.

Section 440.52 (3), Stats., states that, “the department shall promulgate rules and establish standards necessary to administer this section.”

Related statute or rule:

SPS 401 and SPS 404 through 411, Educational Approval program administrative code

EAB chapters 1 to 11 renumbered SPS 401, 403 to 411, Administrative Register, November 27, 2017 No. 743B

Plain language analysis:

Section 1 repeals SPS 403, which is a chapter that establishes the membership and procedure for the educational approval board, which no longer exists under the changes implemented by the 2017 Wisconsin Act 59.

Agency contact person:

Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. SPS 403 is repealed.

Section 2. EFFECTIVE DATE. The rules repealed in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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