Rule-making notices
Notice of Hearing
Commerce
(Explosive Materials, Ch.
Comm 7)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.15 (2) (e), Stats., the Department of Commerce will hold a public hearing on a proposed rule relating to blasting in communities.
The public hearing will be held as follows:
Date and Time: Location:
Friday, January 18, 2002 Room 3C, Thompson Commerce 10:00 a.m. Center
201 West Washington Avenue
Madison
Analysis prepared by the Department of Commerce
Interested persons are invited to appear at the hearing and present comments on the proposed rule. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 1, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Blasting in Communities
1. Types of small businesses that will be affected by the rules.
There are no small businesses that will be affected by the rule.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting or bookkeeping procedures required for compliance with the rule.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rule.
Fiscal Estimate
The proposed rule has no effect on revenues or costs in the administration and enforcement of ch.
Comm 7.
The proposed rule and an analysis of the proposed rule are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to s. 560.13 (6), Stats., the Department of Commerce will hold a public hearing on ch. Comm 110, previously adopted emergency rules and proposed permanent rules relating to brownfields redevelopment grants.
The public hearing will be held as follows:
Date and Time: Location:
January 11, 2002 Thompson Commerce Center
Friday Third Floor, Room 3B
9:30 a.m. 201 West Washington Avenue
Madison, Wisconsin
Analysis prepared by the Department of Commerce
Under the statutes cited, the Department awards grants for redevelopment of abandoned, idle, or underused industrial or commercial facilities or sites that are adversely affected by actual or perceived environmental contamination. Pursuant to s.
560.13 (6), Stats., these grants are applied for and administered in accordance with criteria that are contained in ch.
Comm 110, Wis. Adm. Code.
2001 Wisconsin Act 16 modified s.
560.13, Stats., by (1) expanding the listing of eligible grant applicants to include trustees and nonprofit organizations, and (2) prohibiting use of any grant funds to pay either delinquent real estate taxes, or lien claims of the Department of Natural Resources or the federal Environmental Protection Agency.
The proposed changes to ch.
Comm 110 would (1) modify the definitions to match the statutory listing of eligible applicants, (2) expand the limitations on use of grant funds to include the statutory prohibition relating to delinquent taxes or lien claims, and (3) update several aspects of the application procedure that have evolved since the chapter was initially created as an emergency rule in 1997.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Comm 110, relating to: Brownfields Redevelopment Grants.
1. Types of small businesses that will be affected by the rules.
Owners of abandoned, idle, or underused industrial or commercial facilities or sites that are adversely affected by actual or perceived environmental contamination.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No significant new procedures.
3. Types of professional skills necessary for compliance with the rules.
No significant additional skills.
Fiscal Estimate
The Department currently administers brownfields redevelopment grants. The proposed rule replaces current requirements with requirements that are not expected to result in significant additional costs.
Copies of Rule and Contact Person
Interested persons are invited to appear at the hearing and present comments on the rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until January 23, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Sam Rockweiler at the Department of Commerce, Bureau of Budget and Policy Development, P.O. Box 2689, Madison, WI 53701-2689.
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-0797 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
The emergency rules, which are identical to the proposed permanent rules, are available on the Internet at the Revisor of Statutes' web site at
www.legis.state.wi.us/rsb/code. Paper copies of the rules may be obtained without cost from Sam Rockweiler at the Department of Commerce, Bureau of Budget and Policy Development, P.O. Box 2689, Madison, WI 53701- 2689; or by E-mail at:
srockweiler@commerce.state.wi.us and at telephone (608) 266-0797 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss. to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Wisconsin Technology Zone Program.
The public hearing will be held as follows:
Friday, January 11, 2002 T .G. Thompson Commerce Ctr. 8:30 a.m. (WHEDA Bldg), Conf. Rm. 3C
201 West Washington Ave.
Madison, WI
Analysis prepared by the Department of Commerce
Statutes interpreted: s.
560.96, Stats.
Under s.
560.96 (5), Stats., the Department of Commerce has the responsibility of promulgating rules for the operation of the Wisconsin Technology Zone Program.
This rule is being created in response to
2001 Wis. Act 16, which provides authority for administering such a program, the designation of 8 technology zones, certification of high technology businesses, and the tax benefits available.
The following listing highlights the major items contained in this new chapter:
• Creates the process for application and designation of the 8 technology zones.
•Provides a means for modification of the boundary of a technology zone.
•Creates the process for application and certification of high tech businesses.
• Establishes criteria for eligibility to certify high tech business.
•Creates the process to determine and claim tax benefits and notify the Department of Revenue.
Environmental Analysis
The proposed administrative code revision is categorized in ch.
Comm 1, WEPA, Table 1.11-2 and determined to be a Type II action.
The proposed action is administrative in nature and has no potential direct effect on the quality of the human environment. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects receiving tax benefits under this chapter may result in new construction or expansion of existing structures or facilities These actions may involve new development or rehabilitation and an application for zoning and/or a conditional use permit may be required at the local level. The department acknowledges that these actions are under local jurisdiction and generally include provisions for the compliance with local, state or federal environmental review.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The subject of the rules is to provide tax benefits for new and expanding high-technology businesses in 8 technology zones in the state. The expectation is that the creation of these zones will not only attract, promote and expand high-technology business in the area, create new jobs and investment, but also provide economic stimulus to other businesses in the area and throughout the state.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
High-technology businesses certified in a technology zone shall on an annual basis report to the department and may file tax claim verification with the Department of Revenue.
3. Types of professional skills necessary for compliance with the rules.
No professional skills are expected to be required by high-technology business applicants.
Fiscal Estimate
Section
560.96, Stats., as passed in the 2001/03 biennial budget, establishes the Wisconsin Technology Zone Program. Commerce is provided the authority to develop rules concerning the designation of technology zones and the certification of businesses within those zones. Chapter
Comm 107 thus relates mainly to establishing that process and defining key terms.
1. State Fiscal Effect
By instituting a rigorous application process, the proposed rule will increase the workload for the Department of Commerce by requiring staff to review applications and make preliminary determinations as to designation of technology zones. Commerce can absorb this new work by using existing staff.
2. Local Fiscal Effect
Under the proposed rules, towns, villages, cities, tribes, and counties, either separately or in concert, may submit technology zone applications. These applications are expected to be lengthy documents requiring a significant investment of time. Costs arising from the rules are, however, permissive since communities are not required to apply for participation in the program.
Copies of Rule and Contact Person
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Monday, January 28, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
230.05 (5), Stats., and interpreting s.
230.05 (1), Stats., the Department of Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to career executive employment and various technical changes to bring the rules into consistency with the statutes and compensation plan.
Date, Time and Location:
January 22, 2002
1:00 p.m. to 2:00 p.m.
3rd Floor Training Room
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay ranges 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximate 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
These rule changes update the pay range references consistent with the compensation plan approved by JCOER. The changes eliminate references to compensation provisions that no longer apply. ER 30.085 is amended to make career executive temporary assignments regulations consistent with those for interchange of non career executive employees.
1.
Section
230.04 (5), Stats, grants the Secretary of Employment Relations authority to promulgate rules on all matters relating to the administration of the department and the performance of the duties assigned to the secretary.
2. Section
230.24, Stats., grants the Secretary of Employment Relations authority to develop a career executive program.
Text of Proposed Rule
Chapter
ER 29, COMPENSATION ADMINISTRATION PROVISIONS
Section 1. ER 29.04 (10) is amended to read:
ER 29.04 (10) Career executive reassignment or voluntary movement to a class assignment assigned to the same pay range.
Chapter
ER 30, CAREER EXECUTIVE EMPLOYMENT
Section 1. ER 30.01 is created to read:
ER 30.01 Included classifications. Designation of a classification as a career executive classification by the secretary is authorized under s.
230.24 (1), Stats. All permanent positions in classifications assigned to pay range 81-01 or 81-02 shall be designated as career executive positions and shall be governed by the provisions of the career executive program.
Section 2. ER 30.02 is repealed and recreated to read:
ER 30.02 Included positions. The secretary may include a permanent position in any classification, other than one designated as a career executive classification, in the career executive program after consulting with the appointing authority for the position, and after an analysis to determine if the position satisfies all of the following career executive program requirements:
1.
The position meets the definition of management under s.
111.81 (13), Stats.
2.
The position is predominately administrative in nature.
3.
The position is assigned to a classification that is assigned to a nonrepresented pay range that the secretary has determined to be comparable to pay ranges 81-01 or 81-02.
Section 3. ER 30.03 is created to read:
ER 30.03 Eligible employees. Career executive status is limited to permanent classified appointments.
Section 4. ER 30.065 is repealed.
Section 5. ER 30.085 is amended to read:
ER 30.085 Career executive temporary assignment. A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 2 4 years. The employee's classification and pay status shall not be affected. An intra-agency temporary assignment requires the written agreement of the employe and the appointing authority. An inter-agency temporary assignment requires the written agreement of the employe, and the appointing authorities of both the sending and receiving agencies. The appointing authority in an intra-agency temporary assignment or the appointing authority of the receiving agency in an inter-agency temporary assignment shall send a copy of the written agreement to the secretary prior to the effective date of the assignment.
If the employee is expected to return to the sending agency upon completion of the temporary assignment, the employee and the appointing authority of the sending agency shall develop a formal leave agreement under s.
ER 18.14 (2) (a).
Section 6. ER 30.09 is repealed and recreated to read:
ER 30.09 Pay adjustments resulting from career executive reassignment or voluntary movement. Upon reassignment as defined under s.
ER-MRS 30.07 (1) or voluntary movement to a position allocated to a classification assigned to the same, to a higher, or to a lower pay range, the career executive employee's pay shall be determined in accordance with the provisions of the compensation plan.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearing
Employment Relations
(Merit Recruitment and Selection)
[CR 01-141]
NOTICE IS HEREBY GIVEN that pursuant to ss.
230.05 (5), Stats., and interpreting s.
230.05 (1), Stats., the Division of Merit Recruitment and Selection in the Department of Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to certification for employment consideration, probationary periods, transfers of career executive employees and various technical changes to bring the rules into consistency with the statutes and compensation plan.
Date: January 22, 2002
Time: 1:00 P.M. to 2:00 P.M.
Location: 3rd Floor Training Room
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay range 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximately 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
When the pool of career executive employees was smaller and their expertise was always of a general administrative nature, rules were developed to treat this pool as one, and separate from other employees, for purposes of certification for employment consideration, probationary periods, transfers and layoff consideration.
These rule changes make certification for employment consideration, probation and transfer for career executive employees consistent with non-career executive employees. For layoff consideration, career executive employees are to be grouped with employees in the same area of expertise and pay range instead of with all career executive employees. The amendment to ER-MRS 30.99 removes the option of incumbents of positions placed within the career executive programs to remain outside the program. This provision was established when the career executive program was new and many existing positions were being placed in it. No position has been placed in the career executive program in years, without the incumbent opting in.
1. S.
230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection authority to promulgate rules on all matters relating to Subchapter
II of Chapter 230, Stats., for administration of the civil service.
2. S.
230.24, Stats., grants the Administrator authority to create rules to accomplish the purposes of a career executive program.
Text of Proposed Rule
Section l. ER-MRS 30.03 (3) is repealed:
Section 2. ER-MRS 30.05 (1) and (2) are amended to read:
ER-MRS 30.05 Certification.
(1) The highest ranking candidates shall be determined through a comparison of their qualifications, including technical or professional qualifications, where applicable, with the qualifications requirements for the position as determined through position analysis. All such candidates shall meet the standard for the position as established by the administrator. Except as provided in ss.
ER-MRS 30.07,
30.08, and
30.11(2), certification for appointment to a vacant career executive position shall be
according to s.230.25, Stats.
limited to no more than the 10 highest ranking candidates on the internal register and no more than 10 highest ranking candidates on the external register.
(2) Certification from the external register when such a register is established, may occur simultaneously with the certification from the internal register. Certification from the external register may also be provided at any time after candidates from the internal register have been certified, but prior to the time an appointment is made. No candidate from the external register who has earned a score lower than the candidate with the lowest score certified from the internal register shall be certified, except when the latter register contains fewer than 10 candidates.
Section 3. ER-MRS 30.06(3) is amended to read:
ER-MRS 30.06(3) At the discretion of the appointing authority in the receiving agency, a career executive employee may be required to serve up to a 3 6 month trial period upon movement between agencies. Upon agreement with the sending agency and notification to the employe, the appointing authority in the receiving agency may extend such trial period for 3 additional months. At any time, during the trial period, the receiving agency may terminate the employee. Upon termination, the employee shall be returned to the sending agency and be restored to the employment status that existed at the time of movement to the receiving agency.
Section 4. ER-MRS 30.08 is repealed and recreated to read:
ER-MRS 30.08 Career executive transfer. For purposes of this chapter, “transfer" has the same meaning as defined in s.
ER-MRS 1.02(33). Transfer of career executive employees shall be in accordance with ch.
ER-MRS 15, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Career executive employment reinstatement and restoration shall be in accordance with s.
ER-MRS 30.11.
Section 5. ER-MRS 30.10(3) is amended to read:
Removal of an employee with permanent status in the career executive program from the career executive program which results in the placement of the employee in a position allocated to a classification assigned to a lower non-career executive pay range 17 or below is defined as a demotion, and may be appealed.
Section 6. ER-MRS 30.105 is repealed and recreated to read:
ER-MRS 30.105 Layoff of career executive employees. For purposes of this chapter, “layoff" has the same meaning as defined in s.
ER-MRS 1.02(11). Layoff of career executive employees shall be in accordance with ch.
ER-MRS 22, except that where such rules conflict with this chapter, the provisions of this chapter shall apply. Restoration from layoffs shall be in accordance with s.
ER-MRS 22.10.
Section 7. ER-MRS 30.99 (1) and (2) are amended to read:
ER-MRS 30.99 Incumbents of positions placed in the career executive program. (1) Each incumbent shall be given the option of being whose position is placed in the career executive program without certification, in accordance with s. ER-MRS 30.05, or of remaining in his or her existing position shall immediately come under the
noncareer career executive employment provisions. This option shall remain in effect for one year after the incumbent's position is placed in the program. Any subsequent entrance by the employe to the program shall require voluntary movement to a different career executive position under the provisions of s. ER-MRS 30.01(3) and other applicable provisions.
(2) Incumbents who exercise their option to be
whose positions are placed in the career executive program shall earn permanent status immediately upon entering the program. However, incumbents serving a probationary period at the time of entry shall not earn permanent status until they successfully complete the probationary period specified in the appointment letter.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearings
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on the amendment of s.
NR 25.05 (1) (d), Wis. Adm. Code, relating to commercial fishing for chubs in Lake Michigan. The proposed rule would change the minimum depth of commercial fishing for chubs in Lake Michigan. In the northern chub fishing zone, it reduces the minimum depth from 55 fathoms to 45 fathoms during January 16 through the end of February and establishes a minimum depth of 45 fathoms during March 1 through April 25. In the southern chub fishing zone, it reduces the minimum depth from 60 fathoms to 45 fathoms during January 16 through the end of February and (south of 44 degrees 32 minutes north latitude) establishes a minimum depth of 45 fathoms during March 1 through April 25.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2002 County Board Room
Wednesday Kewaunee Co. Courthouse
1:00 p.m. 613 Dodge St., Kewaunee
January 16, 2002 Room 141
Wednesday DNR Southeast Region Headquarters
7:00 p.m. 2300 N. Martin L. King Jr., Drive
Milwaukee
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
a. Types of small businesses affected: Lake Michigan commercial chub fishers.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 18, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-34-01] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
26.145,
28.11 (5r) and
227.11 (2) (a), Stats., interpreting ss.
26.145 and
28.11 (5r), Stats., the Department of Natural Resources will hold public hearings on amendments to ss.
NR 47.008 (1) and
47.903, Wis. Adm. Code, relating to forest fire protection grants and the creation of s.
NR 47.75, Wis. Adm. Code, relating to sustainable forestry grants for county forests. In the past it has been difficult for fire departments and municipalities to budget effectively given the application deadline of October 1 for forest fire protection grants. Grant awards were made so late in the calendar year fire departments had difficulty incorporating the awards in their budget process. The application deadline is moved to July 1 to best accommodate the January to December fiscal year that most municipalities employ. The second rule change to this grant concerns the current requirement that the municipality or fire department sign the grant agreement prior to initiating a purchase or conducting work. This is inconsistent with other grants the department administers and retards the process. The department's approval is sufficient to authorize the municipality or fire department's action. The money is not actually encumbered until the signed agreement is returned.
A $200,000 continuing appropriation, to be provided annually, was approved in the last budget to promote sustainable forestry on county forest lands. Rules to administer the sustainable forestry grants to county forests will address the purpose, eligibility, application procedures, selection criteria, audit procedures and general provisions for this grant.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 14, 2002 Room 027, GEF #2
Monday 101 South Webster Street
Madison
at 1:00 p.m.
January 15, 2002 Conference Room
Tuesday DNR Service Center
5301 Rib Mountain Dr.,
Wausau
at 10:00 a.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeffrey Barkley at (608) 264-9217 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Jeffrey Barkley, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than January 18, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FR-9-02] and fiscal estimate may be obtained from Mr. Barkley.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 (1),
29.041,
227.11 (2) and
227.24, Stats., interpreting ss.
29.014 (1) and
29.041, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-35-01(E) pertaining to sturgeon spearing on the Lake Winnebago System. This emergency order will take effect on December 14, 2001. This order closes sturgeon spearing on the Lake Winnebago system during each day of the sturgeon spearing season from 12:30 p.m. to 6:30 a.m. of the following day, and amends the registration deadline for sturgeon speared from the Lake Winnebago system from 6:00 p.m. on the day speared to 1:30 p.m. on the day speared.
NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held on:
Monday, January 14, 2002, beginning at 6:00 p.m. at the Winnebago County Coughlin Building, Meeting Room A, 625 E. County Road Y, Oshkosh, WI.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The Department expects no state or local fiscal impact associated with this order.
Written comments on the emergency rule may be submitted to Mr. Steve Hewett, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707, no later than January 18, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-35-01 (E)] may be obtained from Mr. Hewett.
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.153 (7) and
227.11 (2) (a), Stats., and interpreting s.
118.153, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the amending of ch.
PI 25, relating to the children-at-risk program.
The hearing will be held as follows:
Date and Time Location
January 15, 2002 Madison
9:00 - 11 a.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than January 18, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Statute interpreted: s.
118.153, Stats.
The children-at-risk rules under ch.
PI 25 are being modified to correspond to changes made to the children-at-risk statutes under s.
118.153, as a result of
1999 Wisconsin Act 123. These changes include:
• Modifying the children-at-risk definition to include pupils who have failed the high school graduation examination and if certain criteria are met, pupils whose scores on the 8th grade Wisconsin concept knowledge exam are below the basic level in each subject area tested.
• Eliminating the requirement that school districts meeting certain criteria (50 or more dropouts and a dropout rate exceeding 5%) must apply for children-at-risk aid.
• Allowing school districts with 30 or more dropouts or a dropout rate exceeding 5% of their total enrollment to apply for children-at-risk aid.
• Modifying the allowable size of the Milwaukee programs to require at least 30 pupils (rather than 40) and no more than 250 pupils (rather than 200).
• Modifying the statutory objectives to be met to receive an additional 10 percent of the district's average per pupil aid. Currently, such aid can be received if:
‐ A pupil who is a high school senior received a high school diploma. Additional language allows this criteria to be met if the pupil passed the high school graduation examination.
‐ A pupil demonstrated, on standardized tests or other appropriate measures, at least one month's gain in reading and mathematics for each month of enrollment. This language has been modified to provide that the pupil has demonstrated on standardized tests or other appropriate measures a gain in reading and mathematics commensurate with the duration of his or her enrollment in the program.
Other minor modifications are being made to the rule, but these modifications will not significantly change the way the program will be implemented or administered.
Fiscal Estimate
The proposed changes to ch.
PI 25, rules relating to children at risk, are made as a result of statutory changes under
1999 Wis. Act 123. Therefore, the rules will not have a fiscal effect separate from the statutory changes made under the Act. The Act refocuses the current funding of the children-at-risk program on children at risk of not graduating from high school.
The funding for the children-at-risk program remains at $3.5 million annually. Under previous law, any school that had 50 or more dropouts and a dropout rate exceeding 5% of its total enrollment was required to apply for children-at-risk aid. The Act made participation by a school district permissive for any school district that had 30 or more dropouts or a dropout rate that exceeds 5% of its total enrollment in the previous year. By expanding the eligibility criteria, more school districts are eligible to receive children-at-risk aid, potentially dropping the proration rate further. The payment issued in May 2001 was prorated at 65% of the claims made by districts.
School districts have incurred costs and staff time associated with reprogramming information systems to make changes in tracking data and in measuring achievement of objectives based on the new children at risk of not graduating from high school criteria under the Act. Actual costs are unknown.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors
[CR 01 - 153]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b),
227.11 (2) and
457.03, Wis. Stats., and interpreting s.
457.08, Wis. Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend ss. SFC 3.07 (3) and 3.09 (3), relating to pre-certification supervised practice.
Hearing Date, Time and Location
Date: January 17, 2002
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 31, 2002, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis by the Department of Regulation and Licensing
Statute interpreted: s.
457.08, Stats.
In this proposed rule-making order the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors creates a requirement that persons who obtain supervised clinical social work practice in order to apply for certification as an independent clinical social worker be certified as an advanced practice social worker or an independent social worker. Applicants for certification as an independent clinical social worker must complete 2 years of full-time clinical social work practice. Current rules do not specify that the person being supervised be certified as a social worker. The Social Worker Section wishes to impose a requirement that the supervised practice be obtained while certified as an advanced practice social worker or independent social worker. In order to ensure that an applicant for independent clinical worker understand social work practice, the section wishes to require that the applicant be certified at an appropriate social work level while obtaining the necessary 2 years of supervised clinical practice.
TEXT OF RULE
SECTION 1. SFC 3.07 (3) is amended to read:
SFC 3.07 (3) An affidavit that the applicant, after receiving a master's or doctoral degree and after receiving certification as an advanced practice social worker, has completed the equivalent of 2 years of full-time practice of social work under the supervision of a supervisor approved by the social worker section after receiving a master's or doctoral degree. Pre-certification supervised practice shall meet the criteria under s. SFC 4.01.
SECTION 2. SFC 3.09 (3) is amended to read:
SFC 3.09 (3) An affidavit that the applicant, after receiving a master's or doctoral degree and after receiving certification as an advanced practice social worker or an independent social worker, has completed the equivalent of 2 years of full-time practice of social work under the supervision of a supervisor approved by the social worker section after receiving a master's or doctoral degree. Pre-certification supervised practice shall meet the criteria under s. SFC 4.01.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Wis. Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors
[CR 01 - 152]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1), Wis. Stats., and interpreting s.
457.03, Wis. Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 1.03 (2), relating to a rules committee.
Hearing Date, Time and Location
Date: January 17, 2002
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 31, 2002, to be included in the record of rule-making proceedings.
Analysis by the Department of Regulation and Licensing
Statute interpreted: s.
457.03, Stats.
In this proposed rule-making order the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors amends the process by which rule changes are proposed, developed and approved by the three sections of the board. Current rules are intended to ensure uniformity across the three sections, but since the expertise for individual rule changes lies with each section, the responsibility for the earlier stages of the rule-making process should lie with each section.
TEXT OF RULE
SECTION 1. SFC 1.03 (2) is amended to read:
SFC 1.03 (2) RULES COMMITTEE. (a) Composition. The rules committee of the board is comprised of one professional member from each section, and 2 the three public members. The board chair shall appoint the public members from any of the sections of the board.
(b) Authority and responsibility. Except for final approval under sub. (1), each section shall be responsible for proposing and drafting rules applying to its profession, and for holding public hearings on those rules. The rules committee shall act for the board in rule-making proceedings except for review all rule changes proposed and drafted by the sections prior to final approval under sub. (1) by the board.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors
[CR 01 - 151]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1), Stats., and interpreting s.
457.10 (3), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 16.03, relating to supervised clinical practice.
Hearing Date, Time and Location
Date: January 17, 2002
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 31, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors amends the supervision requirement for persons obtaining supervised clinical practice prior to applying for certification as a marriage and family therapist. Current rules require a minimum annual number of hours of supervision during a period of pre-certification supervised practice. The minimum number of hours may be excessive if a person is working part-time. This rule change will eliminate a logical inconsistency in the supervision requirement.
TEXT OF RULE
SECTION 1. SFC 16.03 is amended to read:
SFC 16.03 Supervised clinical practice. For purposes of meeting the postgraduate supervised practice requirement, 2 years of clinical practice of marriage and family therapy consists of 1,000 hours of client contact over a period of not less than 24 months. The person whose practice is being supervised shall receive a minimum of 50 hours one hour of face-to-face supervision within each 12 month period for each 10 hours of supervised practice. Practice of marriage and family therapy which occurs as part of the requirements for obtaining a master's or doctoral degree in marriage and family therapy or a substantially related field shall not be considered to fulfill any part of the postgraduate supervised practice requirement.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
The public hearing will be held as follows:
January 18, 2002
Marathon County Highway Department
Office of Highway Commissioner
1430 West Street
Wausau, WI
11:00 a.m.
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends Trans 276.07 (34m), and creates Trans 276.07 (38g), Wis. Adm. Code, to add five segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
CTH “A" STH 13 in Stetsonville Marathon Co Line
CTH “F" West County Line CTH “M"
CTH “M" CTH “F" STH 97 in Athens
CTH “A" STH 13 E. of Dorchester STH 97 S. of
Athens
Corlad Road CTH “A" CTH “M" W. of
Athens
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Contact Person
Copies of Rule and Contact Person. Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
