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Wisconsin Administrative Register No. 785B

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

Publication Date: May 24, 2021
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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
EmR2114
Expires: October 17, 2021
First Appearance
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Fish harvest in Lake Superior
EmR2113
Expires: October 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
EmR2112
Expires: October 2, 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
EmR2111
Expires: 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
EmR2110
Expires: August 24, 2021
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: August 15, 2021
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2108
Expires: July 28, 2021
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
EmR2107
Expires: July 11, 2021
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
EmR2106
Expires: July 10, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search waivers, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2105
Expires: June 23, 2021
Pharmacy Examining Board (Phar)
ch. Phar 2
Endorsement requirements for pharmacists
EmR2104
Expires: June 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2103
Expires: June 11, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid covered services
EmR2102
Expires: June 16, 2021
Pharmacy Examining Board (Phar)
ch. Phar 15
Re-use of personal protective equipment
EmR2101
Expires: July 29, 2021
First Extension
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
EmR2048
Expires: May 29, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior
EmR2047
Expires: July 29, 2021
First Extension
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: July 12, 2021
First Extension
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
EmR2043
Expires: June 29, 2021
First Extension
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2041
Expires: July 22, 2021
Second Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid benefits management
EmR2040
Expires: July 20, 2021
Second Extension
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2037
Expires: October 26, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2036
Expires: July 20, 2021
Second Extension
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2033
Expires: May 30, 2021
First Extension
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: June 4, 2021
Second Extension
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.
EmR2017
Expires: June 25, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
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
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 102
ch. NR 106
ch. NR 205
ch. NR 207
Revisions to chapters NR 102, 106, 205, and 207, and other related regulations for the purpose of updating Wisconsin’s water quality antidegradation policy and procedures
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 102
Site-specific phosphorus criteria for Lac Courte Oreilles
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Sturgeon spearing harvest regulations and gear use

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2022

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 502
ch. NR 520
ch. NR 530
Electronics recycling program requirements
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
Real Estate Examining Board (REEB)
ch. REEB 24
Conduct and ethical practices for real estate licenses
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 502
ch. NR 520
ch. NR 530
Electronics recycling program requirements
Real Estate Examining Board (REEB)
ch. REEB 24
Conduct and ethical practices for real estate licenses
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
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
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline

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 100-199; Environmental Protection – General
Chs. NR 400-499; Environmental Protection – Air Pollution Control
Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 150
ch. NR 440
ch. NR 670
ch. NR 700
ch. NR 706
ch. NR 708
ch. NR 712
ch. NR 714
ch. NR 716
ch. NR 718
ch. NR 722
ch. NR 724
ch. NR 725
ch. NR 726
ch. NR 727
ch. NR 728
ch. NR 749
ch. NR 750
ch. NR 754
ch. NR 756
ch. NR 758
Implementation of 2015 Wisconsin Act 204 and 2017 Wisconsin Act 70, contaminated sediment usability, and other changes needed to update, clarify, and promote consistency within chs. NR 700 through NR 754, Wis. Adm. Code, including, but not limited to, application of the code to contaminated sediment sites
Department of Public Instruction (PI)
ch. PI 11
Changes to criteria relating to specific learning disabilities
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD

Emergency Rules Filed with Legislative Reference Bureau

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
Lake Michigan whitefish management and affecting small business

Executive Orders

Document
Related to
A special session of the legislature on expanding BadgerCare
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 Army Sgt. 1st Class Nicholas J. Valentine of the United States Army who lost his life in the Korean War

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters

Public Notices

Document
Agency
Related to
Department of Children and Families (DCF)
Wisconsin works time limits and extensions
Department of Health Services (DHS)
Certification for the identification, removal and reduction of lead-based paint hazards
Legislative Reference Bureau (LRB)
Register number correction

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-086
Effective: October 1, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 118
Trauma care
CR 19-097
Effective: June 1, 2021
Department of Employee Trust Funds (ETF)
ch. ETF 50
ch. ETF 52
Disability benefit programs redesign and technical changes to regulations related to the duty disability program
CR 19-126
Effective: June 1, 2021
Department of Employee Trust Funds (ETF)
ch. ETF 10
ch. ETF 11
ch. ETF 20
ch. ETF 60
ch. ETF 70
Technical changes to update ETF rules
CR 19-151
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 3
Architect registration examinations
CR 19-152
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 9
Landscape architect registration
CR 19-153
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 7
Minimum standards for property surveys
CR 19-158
Effective: June 1, 2021
Department of Revenue (Tax)
ch. Tax 1
Predeterminations regarding license eligibility due to conviction records
CR 20-009
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 6
Professional land surveyor license
CR 20-014
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 5
Designer permit
CR 20-022
Effective: June 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
CR 20-023
Effective: June 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
CR 20-026
Effective: June 1, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
CR 20-059
Effective: June 1, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
CR 20-060
Effective: June 1, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
CR 20-061
Effective: June 1, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 11
Procedures for dismissal of academic staff for cause
CR 20-062
Effective: June 1, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
CR 20-064
Effective: June 1, 2021
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 2
ch. A-E 10
ch. A-E 11
ch. A-E 12
ch. A-E 13
Retired credential status

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
General Requirements And Procedures
Inserted
Architect Registration
Inserted
Designer Permit
Inserted
Professional Land Surveyor Licensure
Inserted
Minimum Standards For Property Surveys
Inserted
Landscape Architect Registration
Inserted
Continuing Education For Professional Land Surveyors
Inserted
Continuing Education For Landscape Architects
Inserted
Continuing Education For Architects
Inserted
Continuing Education For Professional Engineers
Inserted
Industrial Hemp
Inserted
Appendix A Application Form And Worksheets
Inserted
Honey And Maple Syrup
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Trauma Care
Inserted
Appendix A
Inserted
Administration
Inserted
Appeals
Inserted
Wisconsin Retirement System
Inserted
Disability Benefits
Inserted
Duty Disability Benefits
Inserted
Survivor Benefits
Inserted
Deferred Compensation Plans
Inserted
Licenses And Permits
Inserted
General Administration
Inserted
Procedures For Faculty Dismissal And For Dismissal And Discipline In Title IX Cases
Inserted
Procedures For Faculty Dismissal In Special Cases
Inserted
Dismissal Of Academic Staff For Cause
Inserted
Student Nonacademic Disciplinary Procedures

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
General Requirements And Procedures
Removed
Architect Registration
Removed
Designer Permit
Removed
Professional Land Surveyor Licensure
Removed
Minimum Standards For Property Surveys
Removed
Landscape Architect Registration
Removed
Continuing Education For Professional Land Surveyors
Removed
Continuing Education For Landscape Architects
Removed
Continuing Education For Architects
Removed
Continuing Education For Professional Engineers
Removed
Industrial Hemp
Removed
Appendix A Application Form And Worksheets
Removed
Honey And Maple Syrup
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Trauma Care
Removed
Appendix A
Removed
Administration
Removed
Appeals
Removed
Wisconsin Retirement System
Removed
Disability Benefits
Removed
Duty Disability Benefits
Removed
Survivor Benefits
Removed
Deferred Compensation Plans
Removed
Licenses And Permits
Removed
General Administration
Removed
Procedures For Dismissal
Removed
Dismissal Of Faculty In Special Cases
Removed
Dismissal Of Academic Staff For Cause
Removed
Student Nonacademic Disciplinary Procedures

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.