Rule-Making Notices (Hearing Notices)

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 [phone] 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 [phone] 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

Public Instruction
[CR 01-119]

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 [phone] or leave a message with the Teletypewriter (TTY) at [phone] 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

The administrative rule is available on the internet at http://www.dpi.state.wi.us/dpi/dfm/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to [e-mail] or by writing to:

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

Statutory authority: ss. 118.153 (7) and 227.11 (2) (a), Stats.

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

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 457.03, Wis. Stats.

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 [phone].