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

Wisconsin Administrative Register No. 787B

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

Publication Date: July 26, 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
EmR2118
Expires: November 25, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2022
EmR2117
Expires: November 8, 2021
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue
EmR2116
Expires: November 1, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2115
Expires: October 30, 2021
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: October 17, 2021
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
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: September 9, 2021
First Extension
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
EmR2104
Expires: August 20, 2021
First 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
EmR2101
Expires: July 29, 2021
First Extension
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
EmR2047
Expires: July 29, 2021
First Extension
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: September 10, 2021
Second 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: August 28, 2021
Second Extension
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
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
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 400-499; Environmental Protection – Air Pollution Control
ch. NR 428
Revisions to nitrogen compound emissions regulations in ch. NR 428
Department of Administration (Adm)
ch. Adm 35
Environmental improvement fund

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 19
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
The 2021 Fisheries Management housekeeping rule amending chs. NR 19 – 26 and relating to minor changes to fishing regulations on inland, outlying and boundary waters

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Revenue (Tax)
ch. Tax 18
An environmental assessment for CR 13-102 pursuant to a March 16, 2021, Wisconsin Supreme Court decision in Applegate-Bader Farm, LLC v Wisconsin Department of Revenue
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
The 2021 Fisheries Management housekeeping rule amending chs. NR 19 – 26 and relating to minor changes to fishing regulations on inland, outlying and boundary waters

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 20
Minocqua Chain walleye harvest regulations
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
The 2021 spring hearing rule relating to fishing regulations on inland, outlying and boundary waters; Chs. NR 19-26

Final Permanent Rules Filed with LRB for Administrative Code Publication

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 8
ch. NR 10
ch. NR 12
ch. NR 16
Furbearer registration and tagging simplification

Public Notices

Document
Agency
Related to
Department of Natural Resources (NR)
Establishing the 2021 migratory bird season framework and regulations
Department of Health Services (DHS)
Medicaid eligibility requirements
Department of Natural Resources (NR)
Creating chapter NR 159 to regulate fire fighting foam that contains certain contaminants
Department of Natural Resources (NR)
Revision of chapters NR 102, NR 105, NR 106, and NR 219 and other related regulations

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-016
Effective: August 1, 2021
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 3
Biennial registration
CR 20-018
Effective: August 1, 2021
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
CR 20-021
Effective: August 1, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 30-49; Private Detectives
ch. SPS 30
ch. SPS 33
ch. SPS 34
ch. SPS 35
Electric weapons
CR 20-025
Effective: August 1, 2021
Cosmetology Examining Board (Cos)
ch. Cos 2
ch. Cos 3
ch. Cos 4
ch. Cos 5
ch. Cos 8
Cosmetology licensure, continuing education, and practice outside of a licensed establishment
CR 20-027
Effective: August 1, 2021
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax
CR 20-029
Effective: August 1, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 150-159; Athlete Agents
ch. SPS 150
ch. SPS 151
ch. SPS 152
ch. SPS 153
ch. SPS 154
Athlete agent registration and fees
CR 20-042
Effective: August 1, 2021
Accounting Examining Board (Accy)
ch. Accy 3
Reciprocal credentials for service members, former service members, and their spouses
CR 20-044
Effective: August 1, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
Funeral director license application requirements
CR 20-058
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of lasmiditan
CR 20-072
Effective: August 1, 2021
Department of Public Instruction (PI)
ch. PI 11
Sensory impairment terminology and deaf-blindness
CR 20-074
Effective: August 1, 2021
Department of Public Instruction (PI)
ch. PI 11
Speech and language impairment criteria
CR 20-075
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of cenobamate
CR 20-076
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of lemborexant
CR 20-077
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Removing FDA approved cannabidiol from schedule V and excluding from Schedule I
CR 20-078
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of Norfentanyl
CR 20-079
Effective: August 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
CR 20-081
Effective: August 1, 2021
Department of Revenue (Tax)
ch. Tax 2
Credit for tax paid to another state
CR 21-002
Effective: August 1, 2021
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 2
Reciprocal credentials for service members, former service members, and their spouses

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
Endorsement
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Practice And Professional Conduct
Inserted
Establishments And Inspections
Inserted
Sanitation And Safety
Inserted
Courses Of Instruction
Inserted
Licensure
Inserted
Licenses And Permits
Inserted
Land Treatment Of Industrial Liquid Wastes, By-Product Solids And Sludges
Inserted
Environmental Monitoring For Landfills
Inserted
Licensure Of Occupational Therapists And Occupational Therapy Assistants
Inserted
Biennial License Renewal
Inserted
Children With Disabilities
Inserted
Private Detective And Agency Authority And Definitions
Inserted
Practice Requirements
Inserted
Firearms And Other Dangerous Weapons
Inserted
Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency
Inserted
Authority And Definitions
Inserted
Athlete Agent Registration
Inserted
Unprofessional Conduct
Inserted
Income Taxation, Returns, Records And Gross Income
Inserted
Sales And Use Tax
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
Endorsement
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Practice And Professional Conduct
Removed
Establishments And Inspections
Removed
Sanitation And Safety
Removed
Courses Of Instruction
Removed
Licensure
Removed
Licenses And Permits
Removed
Land Treatment Of Industrial Liquid Wastes, By-Product Solids And Sludges
Removed
Environmental Monitoring For Landfills
Removed
Licensure Of Occupational Therapists And Occupational Therapy Assistants
Removed
Biennial Registration
Removed
Children With Disabilities
Removed
Private Detective And Agency Authority And Definitions
Removed
Practice Requirements
Removed
Firearms And Other Dangerous Weapons
Removed
Grounds For Discipline Against A Private Detective, A Private Security Person Or A Private Detective Agency
Removed
Authority And Definitions
Removed
Athlete Agent Registration
Removed
Athlete Agent Certificate Of Registration Renewal
Removed
Standards Of Practice
Removed
Unprofessional Conduct
Removed
Income Taxation, Returns, Records And Gross Income
Removed
Sales And Use Tax
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.