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Wisconsin Administrative Register No. 727B

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: July 25, 2016
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Table of Contents



Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR1621
Expires: November 27, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 75
Mobile retail food establishments and the bases that support those mobile retail establishments and affecting small businesses.
EmR1620
Expires: November 27, 2016
Real Estate Examining Board (REEB)
ch. REEB 11
ch. REEB 12
ch. REEB 15
ch. REEB 16
ch. REEB 17
ch. REEB 18
ch. REEB 23
ch. REEB 24
Real estate practice
EmR1619
Expires: October 29, 2016
Department of Public Instruction (PI)
ch. PI 49
The Special Needs Scholarship Program
EmR1618
Expires: October 9, 2016
Department of Transportation (Trans)
ch. Trans 102
Operator’s licenses and identification cards
EmR1617
Expires: October 2, 2016
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 131
Pre-employment drug testing, substance abuse treatment program and job skills assessment
EmR1616
Expires: September 30, 2016
Department of Administration-Division of Personnel Management (ER)
ch. ER 10
ch. ER 18
Technical changes to ER rules related to calculation of annual hours
EmR1615
Expires: September 27, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractor agricultural producer security fund assessments
EmR1614
Expires: September 16, 2016
Department of Justice (Jus)
ch. Jus 17
The firearms training required for licenses authorizing persons to carry concealed weapons under s. 175.60, Stats.
EmR1613
Expires: August 9, 2016
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 12
ch. NR 20
ch. NR 23
Customer and outreach services rules related to the automated system for delivering recreational license products
EmR1612
Expires: October 2, 2016
First Extension
Department of Children and Families (DCF)
Chs. DCF 101-153; Family and Economic Security
ch. DCF 154
Substance abuse screening, testing, and treatment for the Children First program
EmR1611
Expires: September 25, 2016
First Extension
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 52
Producer led watershed protection grants and affecting small businesses
EmR1610
Expires: September 9, 2016
First Extension
Department of Public Instruction (PI)
ch. PI 5
Passing score for GED tests
EmR1608
Expires: August 26, 2016
First Extension
Department of Public Instruction (PI)
ch. PI 48
Parental choice program for eligible school districts and other school districts
EmR1607
Expires: January 31, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 101
Vegetable contractors and the agricultural producer security fund assessment
EmR1605
Expires: August 12, 2016
First Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 10
Prescribing hydrocodone combination products
EmR1604
Expires: August 11, 2016
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 16
Fences for farm-raised white-tailed deer
EmR1603
Expires: August 7, 2016
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
ch. NR 26
Lake trout harvest limits in Lake Superior and affecting small business
EmR1602
Expires: August 4, 2016
First Extension
Department of Public Instruction (PI)
ch. PI 34
Changes to accreditation and the definition of higher education as a result of 2015 Wisconsin Act 55
EmR1601
Expires: August 4, 2016
First Extension
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2015 Wisconsin Act 55
EmR1524
Expires: August 16, 2016
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Certification to inspect fire detection, prevention, and suppression devices
EmR1215
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The coyote hunting season.
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Real Estate Examining Board (REEB)
ch. REEB 11
ch. REEB 12
ch. REEB 15
ch. REEB 16
ch. REEB 17
ch. REEB 18
ch. REEB 23
ch. REEB 24
Real estate practice
Department of Workforce Development (DWD)
Chs. DWD 290-294; Public Works Construction Contracts
ch. DWD 293
Payment and performance assurance requirements
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
ch. ATCP 87
Maple syrup processing and grading

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Real Estate Examining Board (REEB)
ch. REEB 11
ch. REEB 12
ch. REEB 15
ch. REEB 16
ch. REEB 17
ch. REEB 18
ch. REEB 23
ch. REEB 24
Real estate practice
Department of Workforce Development (DWD)
Chs. DWD 290-294; Public Works Construction Contracts
ch. DWD 293
Payment and performance assurance requirements
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
ch. ATCP 87
Maple syrup processing and grading

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 115
Third party testing
Board of Nursing (N)
ch. N 7
Grounds for denying a credential
Controlled Substances Board (CSB)
ch. CSB 2
Exclusion of naloxegol
Controlled Substances Board (CSB)
ch. CSB 3
Measurements of controlled substances for purposes of special use authorizations
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 106
Calculating water quality based effluent limitations for toxic and organoleptic substances discharged to surface waters
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 106
ch. NR 205
ch. NR 212
ch. NR 217
Expression of limits, whole effluent toxicity, TMDL development and implementation, and other aspects of the WPDES permitting program
Hearing and Speech Examining Board (HAS)
ch. HAS 6
ch. HAS 7
Licensure of speech-language pathologists, audiologists and temporary licenses and requirements for renewal and reinstatement of credentials granted by the hearing and speech examining board
Hearing and Speech Examining Board (HAS)
ch. HAS 3
Designating a written examination for hearing instrument specialists
Board of Nursing (N)
ch. N 2
ch. N 5
ch. N 6
Renewal, reinstatement and standards of practice
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
Chs. ATCP 90-139; Trade and Consumer Protection
Chs. ATCP 140- ; Marketing
ch. ATCP 30
ch. ATCP 40
ch. ATCP 42
ch. ATCP 50
ch. ATCP 75 Appendix
ch. ATCP 90
ch. ATCP 91
ch. ATCP 92
ch. ATCP 93
ch. ATCP 94
ch. ATCP 105
ch. ATCP 127
ch. ATCP 134
ch. ATCP 141
Minor and technical changes to multiple department chapters
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 1-9; General
ch. ATCP 1
Administrative orders and contested cases

Executive Orders

Document
Related to
A proclamation declaring a state of emergency in response to flooding and incorporating Executive Order #202
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff honoring fallen Baton Rouge law enforcement officers

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 14-028
Effective: August 1, 2016
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 202
ch. DCF 250
ch. DCF 251
ch. DCF 252
Child care vehicle safety alarms
CR 15-033
Effective: August 1, 2016
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 484
Ambient air quality standards for sulfur dioxide (SO2) and nitrogen dioxide (NO2)
CR 15-075
Effective: August 1, 2016
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 2
Overtreatment of patients
CR 15-076
Effective: August 1, 2016
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 4
ch. Pod 8
Duty to obtain informed consent
CR 15-077
Effective: August 1, 2016
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 172
ch. NR 400
ch. NR 404
ch. NR 405
ch. NR 420
ch. NR 425
ch. NR 439
ch. NR 484
ch. NR 494
Consistency with U.S. Environmental Protection Agency air pollution control regulations and the repeal of obsolete rules, and affecting small business
CR 15-092
Effective: October 1, 2016
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 10
ch. ATCP 12
ch. ATCP 10 Appendix B
Animal disease and movement, animal markets, dealers and truckers
CR 15-095
Effective: October 1, 2016
Dentistry Examining Board (DE)
ch. DE 10
Mobile dentistry
CR 15-100
Effective: August 1, 2016
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 10
Optometrists prescribing hydrocodone combination products
CR 16-002
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2015 Wisconsin Act 55
CR 16-003
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 34
Changes to accreditation and the definition of higher education as a result of 2015 Wisconsin Act 55
CR 16-004
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 35
Milwaukee Parental Choice Program
CR 16-006
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 48
Parental choice program for eligible school districts and other school districts
CR 16-015
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 36
Eliminating part time open enrollment
CR 16-016
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 8
Standards for school district instructional design and programs
CR 16-019
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 36
Changes to Open Enrollment
CR 16-021
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 5
Passing score for GED tests
CR 16-022
Effective: August 1, 2016
Department of Children and Families (DCF)
Chs. DCF 101-153; Family and Economic Security
ch. DCF 154
Substance abuse screening, testing, and treatment for the Children First program
CR 16-025
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 34
Updating PI 34 license titles
CR 16-027
Effective: August 1, 2016
Department of Public Instruction (PI)
ch. PI 11
ch. PI 18
Technical Changes to PI 11 and 18 as a Result of 2011 Wisconsin Act 105

Table of Administrative Code Provisions Revised in this Register

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
Renumber of Chs. DCF 101-153 Cahpter Group
Department of Children and Families (DCF)
Chs. DCF 1-20; Rules Affecting Multiple Department Programs
Chs. DCF 21-99; Safety and Permanence
Reorganization of Chs. DCF 1-99 Chapter Group

Instructions For Inserting and Removing Administrative Code Chapters

Administrative Code Chapters Inserted By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Inserted
Animal Diseases And Movement
Inserted
Appendix B Diseases Reported Within 10 Days
Inserted
Animal Markets, Dealers And Truckers
Inserted
Substance Abuse Screening, Testing, And Treatment for The Children First Program
Inserted
Child Care Certification
Inserted
Family Child Care Centers
Inserted
Group Child Care Centers
Inserted
Day Camps For Children And Day Care Programs Established By School Boards
Inserted
Mobile Dentistry
Inserted
Air Pollution Control Definitions
Inserted
Ambient Air Quality
Inserted
Prevention Of Significant Deterioration
Inserted
Control Of Organic Compound Emissions From Petroleum And Gasoline Sources
Inserted
Compliance Schedules, Delays, Exceptions And Internal Offsets For Organic Compound Emission Sources In Chs. NR 419 To 424
Inserted
Reporting, Recordkeeping, Testing, Inspection And Determination Of Compliance Requirements
Inserted
Incorporation By Reference
Inserted
Enforcement And Penalties For Violation Of Air Pollution Control Provisions
Inserted
High School Equivalency Diplomas And Certificates Of General Educational Development
Inserted
School District Standards
Inserted
Children With Disabilities
Inserted
High School Graduation Standards
Inserted
Teacher Education Program Approval And Licenses
Inserted
Milwaukee Parental Choice Program
Inserted
Public School Inter-District Open Enrollment
Inserted
Racine And Wisconsin Parental Choice Programs
Inserted
Unprofessional Conduct
Inserted
Biennial Registration
Inserted
Informed Consent
Inserted
Use Of Pharmaceutical Agents By Licensed Optometrists

Administrative Code Chapters Removed By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Removed
Animal Diseases And Movement
Removed
Appendix B Diseases Reported Within 10 Days
Removed
Animal Markets, Dealers And Truckers
Removed
Substance Abuse Screening, Testing, And Treatment for The Children First Program
Removed
Child Care Certification
Removed
Family Child Care Centers
Removed
Group Child Care Centers
Removed
Day Camps For Children And Day Care Programs Established By School Boards
Removed
Mobile Dentistry
Removed
Stage 2 Vapor Recovery Grant Program
Removed
Air Pollution Control Definitions
Removed
Ambient Air Quality
Removed
Prevention Of Significant Deterioration
Removed
Control Of Organic Compound Emissions From Petroleum And Gasoline Sources
Removed
Compliance Schedules, Delays, Exceptions And Internal Offsets For Organic Compound Emission Sources In Chs. NR 419 To 424
Removed
Reporting, Recordkeeping, Testing, Inspection And Determination Of Compliance Requirements
Removed
Incorporation By Reference
Removed
Enforcement And Penalties For Violation Of Air Pollution Control Provisions
Removed
High School Equivalency Diplomas And Certificates Of General Educational Development
Removed
School District Standards
Removed
Appendix A Minimum Allocated Instructional Time: Recommended By The Wisconsin Department Of Public Instruction Grades Kindergarten (K) Through 6: Recommended Allocations Of Time Per Week For A Six-Hour School Day
Removed
Children With Disabilities
Removed
High School Graduation Standards
Removed
Teacher Education Program Approval And Licenses
Removed
Milwaukee Parental Choice Program
Removed
Public School Inter-District Open Enrollment
Removed
Racine And Wisconsin Parental Choice Programs
Removed
Unprofessional Conduct
Removed
Biennial Registration
Removed
Informed Consent
Removed
Use Of Pharmaceutical Agents By Licensed Optometrists

Contact the Register Editors: (608)504-5899. Email Jill.Kauffman@legis.wisconsin.gov or Michael.Duchek@legis.wisconsin.gov

 
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.