Skip navigation Wisconsin State Legislature
This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.

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

Wisconsin Administrative Register No. 780B

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

Publication Date: December 28, 2020
Subscribe to receive email notification of changes to Administrative Code chapters or of selected notices published in the Administrative Register.

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
EmR2047
Pending: Effective January 1, 2021
First Appearance
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: May 13, 2021
Department of Public Instruction (PI)
ch. PI 5
Age waivers for general educational development tests
EmR2045
Expires: February 7, 2023, or the date on which permanent rules take effect, whichever is sooner
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
EmR2044
Expires: May 5, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 123
Benefit charges for initial claims related to the public health emergency declared by Executive Order 72
EmR2043
Expires: April 30, 2021
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2042
Expires: April 7, 2021
Department of Administration-Division of Personnel Management (ER)
ch. ER 18
Absences
EmR2041
Expires: March 24, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid benefits management
EmR2040
Expires: See Section 6 of the emergency rule
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2039
Expires: In effect until the date on which rules promulgated pursuant to s. 94.55 (3w), Stats., take effect
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp, and affecting small businesses
EmR2038
Expires: May 1, 2021, or the date on which permanent rules take effect, whichever is sooner
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 1
ch. A-E 2
ch. A-E 3
ch. A-E 4
ch. A-E 5
ch. A-E 6
ch. A-E 7
ch. A-E 8
ch. A-E 9
ch. A-E 10
ch. A-E 11
ch. A-E 12
ch. A-E 13
Retired credential status
EmR2037
Expires: October 26, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2036
Expires: March 22, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2035
Expires: March 15, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 318
Private residence elevators
EmR2034
Expires: March 31, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 120
Providing notification of the availability of unemployment insurance to employees at the time of separation from employment
EmR2033
Expires: January 30, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2032
Expires: February 4, 2021
Department of Natural Resources (NR)
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 700
ch. NR 725
ch. NR 726
ch. NR 727
ch. NR 750
ch. NR 754
ch. NR 756
ch. NR 758
Financial responsibility for engineering controls for contaminated sediment remediation, and insurance and financial responsibility for Voluntary Party Liability Exemption projects with contaminated sediments; Chapters NR 700, 725, 726, 727, 750, 754,756, 758, Wis Adm. Code.
EmR2031
Expires: January 22, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: January 23, 2021
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: March 7, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Certification of programs for training and testing nurse aides and feeding assistants
EmR2028
Expires: January 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2020 migratory bird season framework and regulations
EmR2027
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 11
Addressing allegations of sexual misconduct against faculty, academic staff, and students of the University of Wisconsin System
EmR2025
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
EmR2023
Expires: February 27, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Continuing education
EmR2022
Expires: January 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Candidates for certification
EmR2020
Expires: April 3, 2021
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Examinations
EmR2019
Expires: February 1, 2021
First Extension
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
EmR2018
Expires: March 25, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021
EmR2017
Expires: June 25, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2015
Expires: March 19, 2021
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 314
ch. SPS 316
Inspections
EmR2014
Expires: March 8, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
EmR2011
Expires: March 1, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 113
Waiving interest in limited circumstances for employers subject to reimbursement financing when reimbursements are delinquent due to COVID-19
EmR2009
Expires: February 12, 2021
Second Extension
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 52
ch. DCF 54
ch. DCF 56
ch. DCF 57
ch. DCF 59
ch. DCF 152
ch. DCF 202
DCF rule suspensions and modifications related to COVID-19
EmR2006
Expires: February 2, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search actions, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2004
Expires: January 25, 2021
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR1901
Expires: January 6, 2021
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers
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
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 162-20
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses
SS 163-20
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 520
ch. NR 524
Updating chapters NR 114, 146, 520 and 524 to allow for third party administration of operator certification examinations

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 153-20 Hearing Information
Department of Public Instruction (PI)
ch. PI 19
ch. PI 34
ch. PI 40
Biennial cleanup of DPI administrative rules

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-089
Department of Administration-Division of Personnel Management (ER)
ch. ER 18
Absences

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-089
Department of Administration-Division of Personnel Management (ER)
ch. ER 18
Absences
EmR2043
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2046
Department of Public Instruction (PI)
ch. PI 5
Age waivers for general educational development tests

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-128
Real Estate Examining Board (REEB)
ch. REEB 25
Obsolete references to rental unit energy efficiency standard in curriculum

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2047
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-117
Effective: January 1, 2021
Psychology Examining Board (Psy)
ch. Psy 4
Continuing education audits, and the renewal and reinstatement of licenses
CR 19-145
Effective: January 1, 2021
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacy practice

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
Inserted
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
DCF 250
Family Child Care Centers
Inserted
DCF 251
Group Child Care Centers And Child Care Programs Established Or Contracted For By School Boards
Inserted
DCF 252
Day Camps For Children
Inserted
DHS 40
Mental Health Day Treatment Services For Children
Inserted
ETH 1
Campaign Financing
Inserted
HEA 5
Wisconsin Higher Education Grants
Inserted
Ins 8
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Inserted
NR 500
General Solid Waste Management Requirements
Inserted
NR 812 Appendix
Appendix
Inserted
Phar 7
Pharmacy Practice
Inserted
Psy 4
Requirements For Renewal and Continuing Education

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
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
DCF 250
Family Child Care Centers
Removed
DCF 251
Group Child Care Centers And Child Care Programs Established Or Contracted For By School Boards
Removed
DCF 252
Day Camps For Children
Removed
DHS 40
Mental Health Day Treatment Services For Children
Removed
ETH 1
Campaign Financing
Removed
HEA 5
Wisconsin Higher Education Grants
Removed
Ins 8
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Removed
NR 500
General Solid Waste Management Requirements
Removed
NR 812 Appendix
Appendix
Removed
Phar 7
Pharmacy Practice
Removed
Psy 4
Requirements For Renewal and Continuing Education

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.