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Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 745B

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

Publication Date: January 29, 2018
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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
EmR1803
Pending: Effective February 1, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors
EmR1802
Expires: June 12, 2018
Department of Public Instruction (PI)
ch. PI 34
Revisions to emergency rules governing licensure as a result of 2017 Wisconsin Act 59
EmR1801
Pending: Effective March 11, 2018
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program integrity
EmR1718
Expires: April 20, 2018
Veterinary Examining Board (VE)
ch. VE 11
Professional assistance program for veterinary professionals
EmR1717
Expires: February 27, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
Food processing plants and affecting small business
EmR1716
Expires: September 6, 2018
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling cyclopropyl fentanyl
EmR1714
Expires: February 27, 2018
Dentistry Examining Board (DE)
ch. DE 13
Designating continuing education on the topic of prescribing controlled substances
EmR1712
Expires: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 20
Customer and outreach services rules related to the automated system for delivering recreational license products
EmR1703
Expires: July 1, 2018, or the date on which permanent rules take effect, whichever is sooner
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
Chs. SPS 320-325; Uniform Dwelling Code
Chs. SPS 326-360; General, Part II
Chs. SPS 380-387; Plumbing
ch. SPS 302
ch. SPS 320
ch. SPS 327
ch. SPS 381
ch. SPS 383
Camping units
EmR1613
Expires: July 1, 2018
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
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
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
Fisheries harvest management in Lake Superior

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

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 10
ch. NR 45
the regulation of hunting, trapping, hunting opportunities for the physically disabled and deer management and deer management hunting boundaries
Department of Administration-Division of Personnel Management; Merit Recruitment (ER-MRS)
Department of Administration-Division of Personnel Management (ER)
ch. ER-MRS 1
ch. ER-MRS 6
ch. ER-MRS 7
ch. ER-MRS 8
ch. ER-MRS 10
ch. ER-MRS 11
ch. ER-MRS 12
ch. ER-MRS 13
ch. ER-MRS 14
ch. ER-MRS 15
ch. ER-MRS 16
ch. ER-MRS 17
ch. ER-MRS 22
ch. ER-MRS 27
ch. ER-MRS 30
ch. ER-MRS 32
ch. ER-MRS 34
ch. ER 1
ch. ER 18
ch. ER 21
ch. ER 43
ch. ER 46
Definitions, absences, resignation, affirmative action and equal opportunity, grievance, merit recruitment & selection, layoff, probation, personnel transactions, career executive employment, limited term employment, and project employment provisions
Public Service Commission (PSC)
ch. PSC 114
Update state electrical code volume I – adopt national electric safety code provisions
Department of Public Instruction (PI)
ch. PI 36
Restoring part time open enrollment rules
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Elk management

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 11
Standards for disproportionality in special education and LEA determinations
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 45
the regulation of hunting, trapping, hunting opportunities for the physically disabled and deer management and deer management hunting boundaries
Department of Administration-Division of Personnel Management; Merit Recruitment (ER-MRS)
Department of Administration-Division of Personnel Management (ER)
ch. ER-MRS 1
ch. ER-MRS 6
ch. ER-MRS 7
ch. ER-MRS 8
ch. ER-MRS 10
ch. ER-MRS 11
ch. ER-MRS 12
ch. ER-MRS 13
ch. ER-MRS 14
ch. ER-MRS 15
ch. ER-MRS 16
ch. ER-MRS 17
ch. ER-MRS 22
ch. ER-MRS 27
ch. ER-MRS 30
ch. ER-MRS 32
ch. ER-MRS 34
ch. ER 1
ch. ER 18
ch. ER 21
ch. ER 43
ch. ER 46
Definitions, absences, resignation, affirmative action and equal opportunity, grievance, merit recruitment & selection, layoff, probation, personnel transactions, career executive employment, limited term employment, and project employment provisions
Public Service Commission (PSC)
ch. PSC 114
Update state electrical code volume I – adopt national electric safety code provisions
Department of Public Instruction (PI)
ch. PI 36
Restoring part time open enrollment rules
Department of Public Instruction (PI)
ch. PI 34
Revisions to emergency rules governing licensure as a result of 2017 Wisconsin Act 59

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Office of the Commissioner of Insurance (Ins)
ch. Ins 25
An exception to the annual privacy notice requirements and affecting small business

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 400- ; Educational Approval
ch. SPS 403
The educational approval chapter on procedure and authority for board functions

Executive Orders

Document
Related to
The implementation of the recommentations of the co-chairs of the governor's task force on opioid abuse
The creation of the commission on substance abuse treatment delivery
The Wisconsin agriculture market development initiative
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for PFC Ethan Barclay-Weberpal of the United States Marine Corps

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-008
Effective: February 1, 2018
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 16
ch. MPSW 17
ch. MPSW 18
Marriage and family therapy applications, education, exams and licensure
CR 16-009
Effective: February 1, 2018
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 10
ch. MPSW 11
ch. MPSW 12
ch. MPSW 14
Licensure, education, exam and supervised practice of professional counseling
CR 16-030
Effective: February 1, 2018
Radiography Examining Board(RAD)
ch. RAD 4
Scope of practice
CR 16-046
Effective: February 1, 2018
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 4
ch. Tax 14
Income, franchise, and excise tax provisions
CR 16-062
Effective: February 1, 2018
Psychology Examining Board (Psy)
ch. Psy 3
Licensure for the private practice school psychologists
CR 16-076
Effective: February 1, 2018
Department of Revenue (Tax)
ch. Tax 13
Investment and local impact board
CR 16-078
Effective: February 1, 2018
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 157
Radiation protection
CR 16-083
Effective: February 1, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 50
Soil and water resource management program
CR 17-011
Effective: February 1, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 10
Swine animal disease control
CR 17-029
Effective: February 1, 2018
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 4
Biennial registration
CR 17-030
Effective: February 1, 2018
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
Licensure requirements
CR 17-033
Effective: February 1, 2018
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Payments under the child care subsidy program.
CR 17-035
Effective: February 1, 2018
Ethics Commission (ETH)
ch. ETH 26
Settlement of campaign finance, lobbying, and ethics violations
CR 17-036
Effective: February 1, 2018
Ethics Commission (ETH)
ch. ETH 6
Campaign finance reporting procedures used by the Ethics Commission
CR 17-037
Effective: February 1, 2018
Ethics Commission (ETH)
ch. ETH 25
Ethics Commission forms
CR 17-052
Effective: February 1, 2018
Department of Public Instruction (PI)
ch. PI 1
Complaint and appeals procedures
CR 17-054
Effective: February 1, 2018
Department of Public Instruction (PI)
ch. PI 33
Whole grade sharing
CR 17-056
Effective: February 1, 2018
Department of Public Instruction (PI)
ch. PI 2
ch. PI 9
ch. PI 14
Red Tape Review of rules governing school district boundary appeals, pupil nondiscrimination, and school finance

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2017 Wisconsin Act 134
Effective: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 132
ch. NR 182
Repealing administrative rules relating to wetlands.

Table of Administrative Code Provisions Revised in this Register

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
Soil And Water Resource Management Program
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Wisconsin Works
Inserted
Child Care Subsidy Program
Inserted
Radiation Protection
Inserted
Appendix A Exempt Concentrations
Inserted
Appendix B Exempt Quantities
Inserted
Appendix E
Inserted
Appendix H
Inserted
Appendix I Quantities For Use With Decommissioning Under Section DHS 157.15
Inserted
Appendix M Information To Be Submitted By Persons Proposing To Conduct Healing Arts Screening
Inserted
Appendix O Determination Of A1 And A2
Inserted
Appendix U Category 1 and Category 2 Quantity of Radioactive Material Thresholds
Inserted
Procedure
Inserted
Settlement Offer Schedule
Inserted
Definitions For Practice Of Professional Counseling
Inserted
Application For Professional Counselor Licensure
Inserted
Professional Counselor Supervised Practice
Inserted
Continuing Education For Professional Counselors And Equivalency Of Professional Counselor Academic Programs
Inserted
Requirements For Marriage And Family Therapy Licensure
Inserted
Marriage And Family Therapy Temporary License and Reciprocal License Applications
Inserted
Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms
Inserted
Nonferrous Metallic Mineral Mining
Inserted
Targeted Runoff Management And Notice Of Discharge Grant Programs
Inserted
Nonferrous Metallic Mineral Mining Wastes
Inserted
Lake Protection And Classification Grants
Inserted
Aquatic Invasive Species Prevention And Control Grants
Inserted
Municipal Dam Grant Program
Inserted
Dam Removal Grant Program
Inserted
Recycling Efficiency Incentive Grants To Responsible Units
Inserted
Complaint Resolution And Appeals
Inserted
School District Boundary Appeals
Inserted
Pupil Nondiscrimination
Inserted
School Finance
Inserted
Appendix Standard School District Audit Contract
Inserted
Whole Grade Sharing
Inserted
License To Practice Podiatric Medicine And Surgery
Inserted
Biennial Registration
Inserted
Requirements For The Private Practice Of School Psychology
Inserted
Scope Of Practice
Inserted
General Administration
Inserted
Income Taxation, Returns, Records And Gross Income
Inserted
Motor Vehicle And General Aviation Fuel Taxation
Inserted
Investment And Local Impact Fund
Inserted
Homestead Credit

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
Soil And Water Resource Management Program
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Wisconsin Works
Removed
Child Care Subsidy Program
Removed
Radiation Protection
Removed
Appendix A Exempt Concentrations
Removed
Appendix B Exempt Quantities
Removed
Appendix E
Removed
Appendix H
Removed
Appendix I Quantities For Use With Decommissioning Under Section DHS 157.15
Removed
Appendix M Information To Be Submitted By Persons Proposing To Conduct Healing Arts Screening
Removed
Appendix O Determination Of A1 And A2
Removed
Procedure
Removed
Forms
Removed
Definitions For Practice Of Professional Counseling
Removed
Application For Professional Counselor Licensure
Removed
Professional Counselor Supervised Practice
Removed
Continuing Education For Professional Counselors And Equivalency Of Professional Counselor Academic Programs
Removed
Requirements For Marriage And Family Therapy Licensure
Removed
Marriage And Family Therapy Temporary License, Reciprocal License, And Training Certificate Applications
Removed
Marriage And Family Therapy Examinations
Removed
Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms
Removed
Nonferrous Metallic Mineral Mining
Removed
Targeted Runoff Management And Notice Of Discharge Grant Programs
Removed
Nonferrous Metallic Mineral Mining Wastes
Removed
Lake Protection And Classification Grants
Removed
Aquatic Invasive Species Prevention And Control Grants
Removed
Municipal Dam Grant Program
Removed
Dam Removal Grant Program
Removed
Recycling Efficiency Incentive Grants To Responsible Units
Removed
Complaint Resolution And Appeals
Removed
School District Boundary Appeals
Removed
Pupil Nondiscrimination
Removed
School Finance
Removed
Appendix Standard School District Audit Contract
Removed
License To Practice Podiatric Medicine And Surgery
Removed
Biennial Registration
Removed
Requirements For The Private Practice Of School Psychology
Removed
Scope Of Practice
Removed
General Administration
Removed
Income Taxation, Returns, Records And Gross Income
Removed
Motor Vehicle And General Aviation Fuel Taxation
Removed
Investment And Local Impact Fund
Removed
Homestead Credit

Contact the Register Editors: (608)504-5899. Email Emma.Gradian@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.