The LESB’s substantive authority over the subjects covered by the proposed rules is supplied throughout Wis. Stat. § 165.85. The specific statutory authority to promulgate the proposed rules is supplied by Wis. Stat. § 165.85(3)(a) and (j).
(3) Powers. The board may:
(a) Promulgate rules for the administration of this section including the authority to require the submission of reports and information pertaining to the administration of this section by law enforcement agencies in this state.
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(j) Adopt rules under ch. 227 for its internal management, control and administration. 4. Estimate of amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
It is estimated that state employees will spend approximately 20 hours on the rulemaking process for the proposed rule, including research, drafting, and compliance with required rulemaking procedures.
5. Description of all entities that may be impacted by the rule:
The rule provisions at issue here affect criminal justice agencies that employ certified law enforcement, tribal law enforcement, jail, or secure detention officers; academies and schools using LESB-approved curricula for preparatory training; and individuals seeking to become certified law enforcement, tribal law enforcement, jail, or secure detention officers. LESB training programs administered by the Bureau annually impact approximately 590 law enforcement agencies; 16,320 law enforcement, tribal law enforcement, jail, and secure detention officers; 21 certified training academies; and 3,200 certified instructors.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Employment, education, and training standards for law enforcement personnel are governed at the state level. There are no federal regulations regarding law enforcement, jail, or secure detention officer training, qualification, certification or credentialing. There is no existing or proposed federal regulation that has any bearing upon the proposed rules.
7. Statement on anticipated economic impact (see 2011 Exec. Order 50, § II.2.):
The LESB anticipates that the proposed rule will have minimal or no economic impact.
