1. A statutory or non-statutory 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 in the statutory provision.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
An estimated total of 400 hours of staff time may be needed to update ch. DHS 40. This includes the writing and review of the various rulemaking documents, working with an advisory committee, and conducting listening sessions with stakeholders. 6. List with description of all entities that may be affected by the proposed rule:
The existing 33 certified day treatment programs, including school-based and community-based programs; children with mental illness and their families; Disability Rights Wisconsin; Wisconsin Family Ties; and the Wisconsin Association of Family & Children’s Agencies.
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:
There appears to be no existing or proposed federal regulation that addresses the activities to be regulated by the proposed rule.
8. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have a moderate economic impact if promulgated.
Contact Person:
Rosie Greer
608-266-1279
