Emergency Rule EmR1901

Status: Expired

Department of Corrections (DOC)

Administrative Code Chapter Affected:

Ch. DOC 347 (Created)

Related to: Secured residential care centers

Comments for this rule have closed

Statement of Scope: SS 051-18

Date Statement of Scope Approved by Governor: May 8, 2018

Date Statement of Scope Expires Under s. 227.135 (5), Stats.: November 21, 2020

Date Rule Text Approved by Governor: December 18, 2018

Rule Text: EmR1901 Rule Text

Date Filed With LRB: January 7, 2019

Date Published: January 7, 2019

Effective Start Date: January 7, 2019

Expiration Date: January 6, 2021

Notes: EmR1901 was erroneously omitted from the list of Emergency Rules in Effect in prior registers. It remains in effect until January 6, 2021.

2017 Wisconsin Act 185, section 110 (5) contains the following regarding the promulgation of this rule:

Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under sections 301.37 (1) and 938.22 (2) (a) of the statutes as needed to establish standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate emergency rules under section 938.48 (16) (b) of the statutes as needed to establish standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect for 2 years after the date they become effective, or until the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under section 227.24 (2) of the statutes.