There are no reasonable alternatives to the rulemaking. The existing rule is outdated and does not adequately reflect the purpose of s. 46.297, Stats. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
(1) Assistance. From the appropriation under s. 20.435 (7) (d), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices. (2) Eligibility. A person is eligible to receive assistance under sub. (1) if all of the following conditions are met:
(a) The person is certified as deaf or severely hearing impaired by a physician, an audiologist licensed under subch. II of ch. 459 or the department. (b) The adjusted gross income of the person's family is equal to or less than 200% of the poverty line established under 42 USC 9902 (2). (3) Hearing rights. Any person aggrieved by a decision of the department under this section has a right to a contested case hearing under ch. 227. (4) Departmental duties. The department shall:
(a) Promulgate rules necessary for the administration of this section.
(b) Establish application procedures and determine eligibility.
Section 227.11 (2) (a), Stats., reads: Rule-making authority is expressly conferred on an agency as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory 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 contained 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:
The department estimates that it will take approximately 200 hours of time. The department may consult with the Governor’s Council for the Deaf and Hard of Hearing.
6. List with description of all entities that may be affected by the proposed rule:
The entities that may be affected by the proposed rule include individuals applying for program assistance; telecommunication equipment vendors; physicians; audiologists; the Wisconsin Association of the Deaf; the Hearing Loss Association of America; and Hands and Voices of Wisconsin.
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 are no existing or proposed federal regulations that address the activities to be regulated by the rules.
8. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have little to no economic impact if promulgated.
Contact Person:
Rosie Greer
608-266-1279
