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

Wisconsin Administrative Register No. 750B

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

Publication Date: June 25, 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
EmR1813
Expires: November 17, 2018
First Appearance
Department of Public Instruction (PI)
ch. PI 15
Changes to PI 15 as a result of 2017 Wisconsin Act 59
EmR1812
Expires: May 1, 2019
Board of Nursing (N)
ch. N 2
ch. N 9
Nurse licensure compact
EmR1811
Expires: August 26, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
wildlife harvest management regulations
EmR1810
Expires: August 26, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 21
Exotic plant pest emergency rule
EmR1809
Expires: August 13, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout bag limit and season for Lake Michigan
EmR1808
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Industrial hemp and affecting small businesses
EmR1807
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP22
Industrial hemp, and affecting small businesses
EmR1806
Expires: July 21, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 20
Definition of prohibited noxious weed seeds
EmR1805
Expires: September 3, 2018
First Extension
Department of Justice (Jus)
ch. Jus 19
Standards and procedures for frequent sobriety testing pilot program.
EmR1804
Expires: July 5, 2018
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.
EmR1803
Expires: January 31, 2020
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: August 11, 2018
First Extension
Department of Public Instruction (PI)
ch. PI 34
Revisions to emergency rules governing licensure as a result of 2017 Wisconsin Act 59
EmR1801
Expires: August 7, 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: June 19, 2018
First Extension
Veterinary Examining Board (VE)
ch. VE 11
Professional assistance program for veterinary professionals
EmR1717
Expires: June 27, 2018
Second Extension
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
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
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
SS 071-18
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
SS 072-18
Department of Justice (Jus)
ch. Jus 19
Standards and procedures for frequent sobriety testing pilot program

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-035
Department of Public Instruction (PI)
ch. PI 38
Technical changes to rules governing grants for tribal language revitalization as a result of 2017 Wisconsin Act 59
CR 18-036
Department of Public Instruction (PI)
ch. PI 15
ch. PI 15 Appendix A
Changes to PI 15 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
CR 17-066
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
Sanctions in the Wisconsin works program
CR 17-097
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 152
ch. NR 152 Appendix A
ch. NR 152 Appendix B
Model ordinances for construction site erosion and sediment control and post-construction storm water management
CR 18-011
Department of Administration (Adm)
ch. Adm 95
Service award program for volunteer firefighters, emergency medical responders, and emergency medical service personnel
CR 18-013
Department of Workforce Development (DWD)
Chs. DWD 60-75; Vocational Rehabilitation
ch. DWD 65
Order of selection for vocational rehabilitation services

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR1813
Department of Public Instruction (PI)
ch. PI 15
Changes to PI 15 as a result of 2017 Wisconsin Act 59

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-037 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 70
Group homes for recovering substance abusers
CR 18-038 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 152
ch. DHS 153
Reimbursement for treatment of chronic renal disease
CR 18-039 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 12
Caregiver background checks
CR 18-040 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Covered services
CR 18-041 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 35
Outpatient mental health clinics
CR 18-042 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 104
Recipient rights and duties
CR 18-043 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 82
Certified adult family homes
CR 18-044 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Family care
CR 18-045 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 92
ch. DHS 94
Confidentiality of treatment records; patient rights and resolution of patient grievances
CR 18-046 Petition for Authorization to Repeal Administrative Rule
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 108
General administration

Executive Orders

Document
Related to
EO 295
A declaration of a state of emergency in response to severe weather and flooding
EO 296
Relating to 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 Staff Sgt. Krasean Clayborn of the United States Army

Public Notices

Document
Agency
Related to
Public Notice: Medicaid Reimbursement for Outpatient Hospital Services
Department of Health Services (DHS)
Acute care, children’s, critical access, psychiatric, and rehabilitation hospitals, State of Wisconsin Medicaid payment plan for state fiscal year 2018

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-053
Effective: July 1, 2018
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
CR 16-075
Effective: July 1, 2018
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Child support percentage of income standard
CR 16-093
Effective: August 1, 2018; March 1, 2019; January 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
ch. SPS 316
The electrical code and affecting small business
CR 17-014
Effective: July 1, 2018
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 145
ch. DHS 145 Appendix A
Control of communicable diseases
CR 17-019
Effective: July 1, 2018
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 3
ch. Tax 9
Various changes to Chapters Tax 1, 2, 3, and 9 to reflect current law and current department policy
CR 17-026
Effective: July 1, 2018
Department of Corrections (DOC)
ch. DOC 302
ch. DOC 306
ch. DOC 308
ch. DOC 309
ch. DOC 324
ch. DOC 325
ch. DOC 326
ch. DOC 327
ch. DOC 330
ch. DOC 333
Inmate classification, sentence, and release provisions
CR 17-032
Effective: July 1, 2018
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 68
Support for persons with Alzheimer’s disease and their caregivers
CR 17-041
Effective: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Administrative rules related to lake trout bag limit and season for Lake Michigan
CR 17-060
Effective: July 1, 2018
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 13
Continuing education for professional engineers
CR 17-062
Effective: July 1, 2018
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 151
ch. NR 243
Runoff management and nonpoint source performance standards and concentrated animal feeding operation (CAFO) rule revisions to incorporate by reference those performance standards
CR 17-065
Effective: July 1, 2018
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 380-387; Plumbing
Chs. SPS 388- ; General, Part IV
ch. SPS 381
ch. SPS 382
ch. SPS 383
ch. SPS 384
ch. SPS 385
ch. SPS 386
ch. SPS 387
ch. SPS 391
ch. SPS 383 Appendix
Private Onsite Wastewater Treatment Systems (POWTS) and the Wisconsin Fund
CR 17-071
Effective: July 1, 2018
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
Fish harvest in Lake Superior
CR 17-076
Effective: July 1, 2018
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board (MTBT)
ch. MTBT 7
Continuing education
CR 17-077
Effective: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
White-tailed deer 3-year population objectives and deer management unit boundarie
CR 17-091
Effective: July 1, 2018
Physical Therapy Examining Board (PT)
ch. PT 2
ch. PT 9
Examinations and continuing education
CR 18-011
Effective: July 1, 2018
Department of Administration (Adm)
ch. Adm 95
Service award program for volunteer firefighters, emergency medical responders, and emergency medical service personnel

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Instructions For Inserting and Removing Administrative Code Chapters

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
TOC
Department of Children and Families (DCF), Chs. DCF 201-252; Early Care and Education TOC
TOC
Department of Corrections (DOC) TOC
Inserted
A-E 13
Continuing Education For Professional Engineers
Inserted
ATCP 134
Residential Rental Practices
Inserted
Adm 95
VFF-EMT Service Award Program
Inserted
DCF 52
Residential Care Centers For Children and Youth
Inserted
DCF 54
Child-Placing Agencies
Inserted
DCF 56
Foster Home Care For Children
Inserted
DCF 57
Group Homes
Inserted
DCF 101
Wisconsin Works
Inserted
DCF 120
Emergency Assistance
Inserted
DCF 150
Child Support Percentage Of Income Standard
Inserted
DCF 252
Day Camps For Children And Day Care Programs Established By School Boards
Inserted
DHS 68
Support For Persons With Dementia And Their Caregivers
Inserted
DHS 145
Control Of Communicable Diseases
Inserted
DHS 145 Appendix A
Appendix A Communicable Diseases And Other Notifiable Conditions
Inserted
DOC 302
Assessment And Evaluation, Security Classification And Sentence Computation
Inserted
DOC 306
Security
Inserted
DOC 308
Administrative Confinement
Inserted
DOC 309
Resources For Inmates
Inserted
DOC 324
Work And Study Release
Inserted
DOC 325
Temporary Release Under Supervision
Inserted
DOC 326
Leave For Qualified Inmates
Inserted
DOC 327
Community Residential Confinement
Inserted
DOC 330
Pharmacological Treatment For Certain Child Sex Offenders
Inserted
DOC 333
Intensive Sanctions
Inserted
ERC 70
Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011
Inserted
ERC 80
Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011
Inserted
MTBT 7
Continuing Education
Inserted
NR 10
Game And Hunting
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
NR 25
Commercial Fishing — Outlying Waters
Inserted
NR 26
Fish Refuges
Inserted
NR 132
Nonferrous Metallic Mineral Mining
Inserted
NR 151
Runoff Management
Inserted
NR 182
Nonferrous Metallic Mineral Mining Wastes
Inserted
NR 243
Animal Feeding Operations
Inserted
PD 4
Private Attorney Payment
Inserted
PD 8
Discovery Payments
Inserted
PT 2
Examinations
Inserted
PT 9
Continuing Education
Inserted
SPS 305
Licenses, Certifications And Registrations
Inserted
SPS 316
Electrical
Inserted
SPS 381
Definitions And Standards
Inserted
SPS 383
Private Onsite Wastewater Treatment Systems
Inserted
SPS 383 Appendix
Appendix
Inserted
SPS 384
Plumbing Products
Inserted
SPS 385
Soil And Site Evaluations
Inserted
SPS 387
Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program
Inserted
SPS 391
Sanitation
Inserted
Tax 1
General Administration
Inserted
Tax 2
Income Taxation, Returns, Records And Gross Income
Inserted
Tax 3
Income Taxation, Deductions From Gross Income, Exclusions And Exemptions
Inserted
Tax 4
Motor Vehicle And General Aviation Fuel Taxation
Inserted
Tax 7
Fermented Malt Beverages
Inserted
Tax 8
Intoxicating Liquors
Inserted
Tax 9
Cigarette Tax
Inserted
Tax 11
Sales And Use Tax
Inserted
Tax 18
Assessment Of Agricultural Property

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
A-E 13
Continuing Education For Professional Engineers
Removed
ATCP 134
Residential Rental Practices
Removed
Adm 95
VFF-EMT Service Award Program
Removed
DCF 52
Residential Care Centers For Children and Youth
Removed
DCF 54
Child-Placing Agencies
Removed
DCF 56
Foster Home Care For Children
Removed
DCF 57
Group Homes
Removed
DCF 101
Wisconsin Works
Removed
DCF 120
Emergency Assistance
Removed
DCF 150
Child Support Percentage Of Income Standard
Removed
DCF 252
Day Camps For Children And Day Care Programs Established By School Boards
Removed
DHS 68
Support For Persons With Dementia And Their Caregivers
Removed
DHS 145
Control Of Communicable Diseases
Removed
DHS 145 Appendix A
Appendix A Communicable Diseases And Other Notifiable Conditions
Removed
DOC 302
Assessment And Evaluation, Security Classification And Sentence Computation
Removed
DOC 302 Appendix
Appendix
Removed
DOC 306
Security
Removed
DOC 308
Administrative Confinement
Removed
DOC 309
Resources For Inmates
Removed
DOC 324
Work And Study Release
Removed
DOC 325
Temporary Release Under Supervision
Removed
DOC 326
Leave For Qualified Inmates
Removed
DOC 327
Community Residential Confinement
Removed
DOC 330
Pharmacological Treatment For Certain Child Sex Offenders
Removed
DOC 333
Intensive Sanctions
Removed
ERC 70
Annual Certification Elections for Represented Municipal Sector General School District Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011
Removed
ERC 80
Annual Certification Elections for Represented State Sector General Employees Who, As Of September 15, Are Not Subject to a Collective Bargaining Agreement or Are Subject to a Collective Bargaining Agreement Entered Into On or After June 29, 2011
Removed
MTBT 7
Continuing Education
Removed
NR 10
Game And Hunting
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
NR 25
Commercial Fishing — Outlying Waters
Removed
NR 26
Fish Refuges
Removed
NR 132
Nonferrous Metallic Mineral Mining
Removed
NR 151
Runoff Management
Removed
NR 182
Nonferrous Metallic Mineral Mining Wastes
Removed
NR 243
Animal Feeding Operations
Removed
PD 4
Private Attorney Payment
Removed
PD 8
Discovery Payments
Removed
PT 2
Examinations
Removed
PT 9
Continuing Education
Removed
SPS 305
Licenses, Certifications And Registrations
Removed
SPS 316
Electrical
Removed
SPS 381
Definitions And Standards
Removed
SPS 383
Private Onsite Wastewater Treatment Systems
Removed
SPS 383 Appendix
Appendix
Removed
SPS 384
Plumbing Products
Removed
SPS 385
Soil And Site Evaluations
Removed
SPS 387
Private Onsite Wastewater Treatment System Replacement Or Rehabilitation Financial Assistance Program
Removed
SPS 391
Sanitation
Removed
Tax 1
General Administration
Removed
Tax 2
Income Taxation, Returns, Records And Gross Income
Removed
Tax 3
Income Taxation, Deductions From Gross Income, Exclusions And Exemptions
Removed
Tax 4
Motor Vehicle And General Aviation Fuel Taxation
Removed
Tax 7
Fermented Malt Beverages
Removed
Tax 8
Intoxicating Liquors
Removed
Tax 9
Cigarette Tax
Removed
Tax 11
Sales And Use Tax
Removed
Tax 18
Assessment Of Agricultural Property

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@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.