4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
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.
Section 343.30 (1q) (c) 2., Stats., reads: The department of health services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health services shall establish by rule conflict of interest guidelines for providers. The conflict of interest guidelines may not preclude an approved tribal treatment facility, as defined in s. 51.01 (2c), from conducting assessments and providing treatment under this subsection. Section 343.305 (10) (c) 2., Stats, reads: The department of health services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health services shall establish by rule conflict of interest guidelines for providers. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Department staff may spend 2000 hours promulgating the rule. No other resources are necessary to develop the rule.
6. List with description of all entities that may be affected by the proposed rule:
Federally-recognized American Indian tribes or bands and approved tribal treatment agencies, as defined under s. 51.01 (2c), Stats, designated IDP assessment agencies; driver safety plan providers, including treatment agencies certified under ch. DHS 75; drivers convicted of Operating While Intoxicated (OWI); the Wisconsin Department of Transportation; and the Wisconsin Technical Colleges. 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 appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
8. Anticipated economic impact of implementing the rule:
The department anticipates little to no economic impact from the proposed revisions to ch. DHS 62. Contact Person:
LeeAnn Cooper, IDP Coordinator
Division of Mental Health and Substance Abuse Services
Bureau of Prevention Treatment and Recovery
608-266-2453
