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

Wisconsin Administrative Register No. 771B

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

Publication Date: March 30, 2020
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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
EmR2001
Expires: July 23, 2020
Department of Workforce Development (DWD)
ch. DWD 802
Technical education equipment grants under the Wisconsin Fast Forward Program
EmR1923
Expires: May 27, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior fishery and affecting small business
EmR1922
Expires: May 29, 2020
First Extension
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 50
Youth crisis stabilization facility
EmR1921
Expires: April 6, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Ruffed grouse management
EmR1918
Expires: April 26, 2020
First Extension
Department of Children and Families (DCF)
Chs. DCF 1-20; Rules Affecting Multiple Department Programs
Chs. DCF 201-252; Early Care and Education
ch. DCF 12
ch. DCF 13
ch. DCF 40
ch. DCF 202
ch. DCF 204
ch. DCF 250
ch. DCF 251
ch. DCF 252
Child care licensing and certification updates related to the child care and development block grant
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1816
Expires: July 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
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
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
Board of Nursing (N)
ch. N 1
ch. N 2
ch. N 3
ch. N 4
ch. N 6
ch. N 7
ch. N 8
Waiver of requirements in emergency situations
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 134
Residential rental practices

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Chiropractic Examining Board (Chir)
ch. Chir 5
Continuing education
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 134
Residential rental practices

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 5
Designer permit

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Veterans Affairs (VA)
ch. VA 11
Veterans outreach and recovery program
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 163
Certification for the identification, removal and reduction of lead-based paint hazards
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 105
Adult day care centers
Department of Veterans Affairs (VA)
ch. VA 1
General update and removes rules the agency has determined to be unauthorized
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 5
Designer permit

Notices of Submittal of Rules to Legislature in Final Draft Form

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 25
Harvest management regulations in the Lake Superior fishery and affecting small business
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 45
ch. NR 65
The off-highway motorcycle program
Athletic Trainers Affiliated Credentialing Board (AT)
ch. AT 2
Requirements for license renewal and reinstatement
Office of the Commissioner of Insurance (Ins)
ch. Ins 2
ch. Ins 6
The repeal of restrictions related to the allocation of dividends to participating life insurance policies issued by a stock company, rating practices for exceeding filed rate for substandard risks, and revisions to the definition of Investment Terms, limitations on the investments of Town Mutual Insurers, and the permissible scope of foreign investments

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 80-99; Residential and General Appraisers
ch. SPS 88
Real estate appraisal management companies
Office of the Commissioner of Insurance (Ins)
ch. Ins 40
ch. Ins 53
Holding company supervision amendments and corporate governance disclosure requirements for NAIC accreditation and affecting small business
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board (MTBT)
ch. MTBT 5
Unprofessional conduct
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board (MTBT)
ch. MTBT 4
Requirements for renewal and reinstatement

Emergency Orders

Document
Agency
Chapter Groups
Chapters
Related to
Department of Health Services (DHS)
Safer at home order
Office of the Governor (GOV)
ch. DWD 270
Minor work permits
Office of the Governor (GOV)
Department of Health Services (DHS)
Extending the Department of Transportation emergency permits to assist with grocery supply efforts
Office of the Governor (GOV)
Department of Health Services (DHS)
A temporary ban on evictions and foreclosure
Office of the Governor (GOV)
Department of Health Services (DHS)
ch. Chir 3
ch. DE 2
ch. MPSW 1
ch. Med 3
ch. Med 8
ch. Med 14
ch. Med 24
ch. N 1
ch. N 2
ch. N 8
ch. Phar 5
ch. PT 8
ch. Psy 4
ch. RAD 5
Certain health care providers and the Department of Safety and Professional Services Credentialing
Office of the Governor (GOV)
Chs. NR 100-199; Environmental Protection – General
ch. NR 151
Department of Natural Resources administrative rule suspension

Public Notices

Document
Agency
Related to
Department of Public Instruction (PI)
Application for waiver of requirements under the Elementary and Secondary Education Act
Department of Health Services (DHS)
Request for comments on the economic impact of draft proposed rules, DHS 12, 13, 36, 65, 92, 97, 98, 114, 125, 134, 143, 157, 190,and 199, relating to the department's biennial review of rules under s. 227.29, Stats.

Guidance Documents

Agency

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 17-084
Effective: April 1, 2020
Veterinary Examining Board (VE)
ch. VE 7
The provision of complementary, alternative, and integrative therapies, and affecting small business
CR 18-064
Effective: April 1, 2020
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 146
Vaccine-preventable diseases
CR 18-066
Effective: April 1, 2020
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 95
Control and custody of Chapter 980, Wis. Stats., patients
CR 18-090
Effective: April 1, 2020
Office of the Commissioner of Insurance (Ins)
ch. Ins 11
Insurance security fund board
CR 18-092
Effective: April 1, 2020
Office of the Commissioner of Insurance (Ins)
ch. Ins 5
Health insurance risk-sharing program
CR 19-016
Effective: April 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 26
Fishing regulations on inland, outlying and boundary waters
CR 19-039
Effective: April 1, 2020
Department of Administration [Gaming] (Game)
ch. Game 44
Conduct of raffles
CR 19-048
Effective: April 1, 2020
Department of Administration (Adm)
ch. Adm 89
Mandatory geographic distribution of housing fund grants
CR 19-054
Effective: April 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 161
Accountability requirements for grazing lands conservation grant progam
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 1-9; General
ch. ATCP 3
Program administration; general
CR 19-057
Effective: April 1, 2020
Department of Financial Institutions (DFI)
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
Chs. DFI-SL 1-22; Department of Financial Institutions-Savings & Loan
Chs. DFI-SB 1-22; Department of Financial Institutions-Savings Banks
ch. DFI-CCS 6
ch. DFI-SL 13
ch. DFI-SB 4
Bulk transfers, variable rate loan indexes and annual audits respectively
CR 19-059
Effective: April 1, 2020
Department of Transportation (Trans)
ch. Trans 139
Motor vehicle trade practices
CR 19-065
Effective: April 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 170-179; Sanitarians
ch. SPS 175
ch. SPS 176
Registered sanitarian examination requirements
CR 19-085
Effective: April 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 220-; Body Art and Tanning Facilities
ch. SPS 220
ch. SPS 220 Appendix A
Tanning facilities
CR 19-089
Effective: April 1, 2020 and October 1, 2021
Department of Children and Families (DCF)
Chs. DCF 1-20; Rules Affecting Multiple Department Programs
Chs. DCF 201-252; Early Care and Education
ch. DCF 12
ch. DCF 13
ch. DCF 40
ch. DCF 202
ch. DCF 204
ch. DCF 250
ch. DCF 250 Appendix A
ch. DCF 251
ch. DCF 251 Appendix A
ch. DCF 252
ch. DCF 252 Appendix A
Child care licensing and certification updates related to the child care and development block grant
CR 19-091
Effective: April 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 21
ch. NR 25
Minor revisions to fishing regulations on inland, outlying and boundary waters
CR 19-095
Effective: April 1, 2020
Department of Public Instruction (PI)
ch. PI 49
Changes to rules governing the special needs scholarship program as a result of 2017 Wisconsin Acts 36 and 59 and other changes

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2019 Wisconsin Act 174
Effective: April 1, 2020
Department of Transportation (Trans)
ch. Trans 325
An exception to federal hours of service requirements
2019 Wisconsin Act 183
Effective: April 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 64
Regulation of all-terrain vehicles and utility terrain vehicles and all-terrain vehicle projects

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 Financial Institutions (DFI)
Chs. DFI-Bkg 1-78; Department of Financial Institutions-Banking
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
ch. DFI-Bkg 46
ch. DFI-CCS 11
Chapter DFI-Bkg is renumbered chapter CCS 11

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
Program Administration; General
Inserted
Agricultural Development And Market Promotion
Inserted
Housing Cost Grants And Loans
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Background Checks for Child Welfare Programs
Inserted
Background Checks For Child Care Programs
Inserted
Review Of A Determination Of Child Abuse Or Neglect
Inserted
Child Care Subsidy Program
Inserted
Child Care Certification
Inserted
Grants Supporting Community Child Care Initiatives
Inserted
Family Child Care Centers
Inserted
Appendix A
Inserted
Group Child Care Centers And Child Care Programs Established Or Contracted For By School Boards
Inserted
Appendix A Regional Offices Of The Division Of Early Care And Education
Inserted
Day Camps For Children
Inserted
Appendix A
Inserted
Procedure Before The Banking Review Board
Inserted
Procedure Before The Administrator Of The Division Of Banking
Inserted
Customer Bank Communications Terminal Joint Rules
Inserted
Other Lien Notices
Inserted
Fees
Inserted
Charitable Solicitations
Inserted
Remote Service Units
Inserted
General Provisions
Inserted
Bylaws
Inserted
Remote Service Units
Inserted
Financial Subsidiaries
Inserted
Conversion From Mutual To Stock Institution
Inserted
Definitions
Inserted
Records Management And Retention
Inserted
Bylaws
Inserted
Remote Service Units
Inserted
Loans
Inserted
Financial Subsidiaries
Inserted
Custody And Control Of Ch. 980, Stats., Patients
Inserted
Vaccine-Preventable Diseases
Inserted
Notices As To Benefits
Inserted
Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment
Inserted
Unemployment Insurance Appeals
Inserted
State Directory Of New Hires
Inserted
Miscellaneous
Inserted
Business Closing And Mass Layoff
Inserted
Technical Education Equipment Grants
Inserted
Administrative Actions; Rules Of Procedure For Contested Cases
Inserted
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Inserted
Insurance Security Fund Board
Inserted
Fishing: Inland Waters; Outlying Waters
Inserted
Wisconsin-Minnesota Boundary Waters
Inserted
Wisconsin-Iowa Boundary Waters
Inserted
Wisconsin-Michigan Boundary Waters
Inserted
Commercial Fishing — Outlying Waters
Inserted
Fish Refuges
Inserted
All-Terrain Vehicles
Inserted
Educator Licenses
Inserted
Special Needs Scholarship Program
Inserted
Application For Registration
Inserted
Examinations
Inserted
Tanning Facilities
Inserted
APPENDIX A
Inserted
Motor Vehicle Trade Practices
Inserted
Wisconsin Interstate Fuel Tax And International Registration Program
Inserted
Motor Carrier Safety Regulations
Inserted
Standards Of Practice And Unprofessional Conduct For Veterinarians

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
Program Administration; General
Removed
Agricultural Development And Market Promotion
Removed
Housing Cost Grants And Loans
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Caregiver Background Checks
Removed
Background Checks For Child Care Programs
Removed
Review Of A Determination Of Child Abuse Or Neglect
Removed
Child Care Subsidy Program
Removed
Child Care Certification
Removed
Grants Supporting Community Child Care Initiatives
Removed
Family Child Care Centers
Removed
Appendix A
Removed
Appendix B
Removed
Appendix C
Removed
Appendix D
Removed
Group Child Care Centers
Removed
Appendix A Regional Offices Of The Division Of Early Care And Education
Removed
Appendix B Cacfp Meal Pattern Requirements - Ages 1 To 12
Removed
Appendix C Cacfp Meal Pattern Requirements - Birth Through 11 Months
Removed
Appendix D Consumer Products Safety Commission (www.cpsc.gov)
Removed
Day Camps For Children And Day Care Programs Established By School Boards
Removed
Appendix A
Removed
Appendix B
Removed
Procedure Before The Banking Review Board
Removed
Procedure Before The Administrator Of The Division Of Banking
Removed
Customer Bank Communications Terminal Joint Rules
Removed
Charitable Solicitations
Removed
Other Lien Notices
Removed
Fees
Removed
Remote Service Units
Removed
General Provisions
Removed
Annual Statements
Removed
Bylaws
Removed
Remote Service Units
Removed
Financial Subsidiaries
Removed
Conversion From Mutual To Stock Institution
Removed
Definitions
Removed
Records Management And Retention
Removed
Bylaws
Removed
Remote Service Units
Removed
Loans
Removed
Financial Subsidiaries
Removed
Custody And Control Of Ch. 980, Stats., Patients
Removed
Vaccine-Preventable Diseases
Removed
Notices As To Benefits
Removed
Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment
Removed
Unemployment Insurance Appeals
Removed
State Directory Of New Hires
Removed
Miscellaneous
Removed
Business Closing And Mass Layoff
Removed
Conduct Of Raffles
Removed
Administrative Actions; Rules Of Procedure For Contested Cases
Removed
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Removed
Insurance Security Fund Board
Removed
Fishing: Inland Waters; Outlying Waters
Removed
Wisconsin-Minnesota Boundary Waters
Removed
Wisconsin-Iowa Boundary Waters
Removed
Wisconsin-Michigan Boundary Waters
Removed
Commercial Fishing — Outlying Waters
Removed
Fish Refuges
Removed
All-Terrain Vehicles
Removed
Educator Licenses
Removed
Special Needs Scholarship Program
Removed
Application For Registration
Removed
Examinations
Removed
Tanning Facilities
Removed
Motor Vehicle Trade Practices
Removed
Wisconsin Interstate Fuel Tax And International Registration Program
Removed
Motor Carrier Safety Regulations
Removed
Standards Of Practice And Unprofessional Conduct For Veterinarians

Contact the Register Editors: (608) 504-5824. 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.