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. 751B

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

Publication Date: July 30, 2018
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
EmR1816
Pending: Effective August 1, 2018
First Appearance
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
EmR1815
Expires: November 27, 2018
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
EmR1814
Expires: November 27, 2018
Department of Public Instruction (PI)
ch. PI 36
Restoring part time open enrollment rules
EmR1813
Expires: November 17, 2018
Department of Public Instruction (PI)
ch. PI 15
Changes to PI 15 as a result of 2017 Wisconsin Act 59
EmR1812
Expires: May 1, 2019
Board of Nursing (N)
ch. N 2
ch. N 9
Nurse licensure compact
EmR1811
Expires: August 26, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
wildlife harvest management regulations
EmR1810
Expires: August 26, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 21
Exotic plant pest emergency rule
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
EmR1807
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP22
Industrial hemp, and affecting small businesses
EmR1806
Expires: September 19, 2018
First Extension
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 20
Definition of prohibited noxious weed seeds
EmR1805
Expires: September 3, 2018
First Extension
Department of Justice (Jus)
ch. Jus 19
Standards and procedures for frequent sobriety testing pilot program.
EmR1803
Expires: January 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors
EmR1802
Expires: August 11, 2018
First Extension
Department of Public Instruction (PI)
ch. PI 34
Revisions to emergency rules governing licensure as a result of 2017 Wisconsin Act 59
EmR1801
Expires: August 7, 2018
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program integrity
EmR1716
Expires: September 6, 2018
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling cyclopropyl fentanyl
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
SS 085-18
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
ch. FD 3
ch. FD 4
ch. FD 6
Funeral director apprenticeships

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 084-18 Notice of Preliminary Public Hearing
Office of the Commissioner of Insurance (Ins)
ch. Ins 3
Amending Medicare supplemental insurance regulations and reporting requirements

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-006
Department of Administration-Division of Personnel Management; Merit Recruitment (ER-MRS)
Department of Administration-Division of Personnel Management (ER)
ch. ER-MRS 1
ch. ER-MRS 6
ch. ER-MRS 7
ch. ER-MRS 8
ch. ER-MRS 10
ch. ER-MRS 11
ch. ER-MRS 12
ch. ER-MRS 13
ch. ER-MRS 14
ch. ER-MRS 15
ch. ER-MRS 16
ch. ER-MRS 17
ch. ER-MRS 22
ch. ER-MRS 27
ch. ER-MRS 30
ch. ER-MRS 32
ch. ER-MRS 34
ch. ER 1
ch. ER 18
ch. ER 21
ch. ER 43
ch. ER 46
Definitions, absences, resignation, affirmative action and equal opportunity, grievance, merit recruitment & selection, layoff, probation, personnel transactions, career executive employment, limited term employment, and project employment provisions
CR 18-027
Department of Public Instruction (PI)
ch. PI 1
Youth options program appeals

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR1816
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-056 Petition for Authorization to Repeal Administrative Rule
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
Chs. SPS 367-374; General, Part III
ch. SPS 302
ch. SPS 305
ch. SPS 367
Rental unit energy efficiency program
CR 18-057 Petition for Authorization to Repeal Administrative Rule
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 304
Grants for construction career academies

Executive Orders

Document
Related to
EO 300
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 officer Michael Michalski of the Milwaukee Police Department

Public Notices

Document
Agency
Related to
Public Notice: Notice of Stay of Declaratory Judgment under s. 227.40 (6)
Department of Revenue (Tax)
Invalidity of s. Tax 18.05 (1) (d)
SS 121-15 Public Notice: Request for Public Comments on the Economic Impact of Proposed Rules
Department of Health Services (DHS)
Fee for monitoring radiation emissions in the vicinity of nuclear power plants

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 15-054
Effective: August 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
Wildlife rehabilitation
CR 17-010
Effective: August 1, 2018
Chiropractic Examining Board (Chir)
ch. Chir 4
ch. Chir 10
Courses of study for and delegation to chiropractic technicians and chiropractic radiological technicians
CR 17-048
Effective: August 1, 2018
Funeral Directors Examining Board (FD)
ch. FD 4
Continuing education requirements for funeral directors
CR 17-049
Effective: August 1, 2018
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
Academic instruction requirements for funeral directors, apprentices, and reporting and renewal requirements for apprentices
CR 17-050
Effective: August 1, 2018
Cemetery Board (CB)
ch. CB 1
ch. CB 2
ch. CB 5
ch. CB 6
Mausoleums and burial records
CR 17-066
Effective: August 1, 2018
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
Sanctions in the Wisconsin works program
CR 17-072
Effective: August 1, 2018 and January 1, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 55
Meat establishment license fees, requirements and exemptions; federal regulations cited, and affecting small business
CR 17-075
Effective: August 1, 2018
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling cyclopropyl fentanyl
CR 17-078
Effective: August 1, 2018
Psychology Examining Board (Psy)
ch. Psy 5
Unprofessional conduct
CR 17-081
Effective: August 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 47
Cost shared program for suppression of gypsy moth
CR 17-083
Effective: August 1, 2018
Veterinary Examining Board (VE)
ch. VE 11
Veterinary professional assistance program
CR 17-090
Effective: August 1, 2018
Pharmacy Examining Board (Phar)
ch. Phar 1
Authority and definitions
CR 17-093
Effective: August 1, 2018
Department of Public Instruction (PI)
ch. PI 34
Stakeholder workgroup revisions to licensure
CR 17-094
Effective: August 1, 2018
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 19
Continuing education audits
CR 17-097
Effective: August 1, 2018
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 152
ch. NR 152 Appendix A
ch. NR 152 Appendix B
Model ordinances for construction site erosion and sediment control and post-construction storm water management
CR 17-099
Effective: August 1, 2018
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program integrity
CR 17-100
Effective: August 1, 2018
Real Estate Examining Board (REEB)
ch. REEB 16
ch. REEB 25
Obsolete cross-references in real estate broker education and update terminology
CR 18-006
Effective: August 1, 2018
Department of Administration-Division of Personnel Management; Merit Recruitment (ER-MRS)
Department of Administration-Division of Personnel Management (ER)
ch. ER-MRS 1
ch. ER-MRS 6
ch. ER-MRS 7
ch. ER-MRS 8
ch. ER-MRS 10
ch. ER-MRS 11
ch. ER-MRS 12
ch. ER-MRS 13
ch. ER-MRS 14
ch. ER-MRS 15
ch. ER-MRS 16
ch. ER-MRS 17
ch. ER-MRS 22
ch. ER-MRS 27
ch. ER-MRS 30
ch. ER-MRS 32
ch. ER-MRS 34
ch. ER 1
ch. ER 18
ch. ER 21
ch. ER 43
ch. ER 46
Definitions, absences, resignation, affirmative action and equal opportunity, grievance, merit recruitment & selection, layoff, probation, personnel transactions, career executive employment, limited term employment, and project employment provisions
CR 18-013
Effective: August 1, 2018
Department of Workforce Development (DWD)
Chs. DWD 60-75; Vocational Rehabilitation
ch. DWD 65
Order of selection for vocational rehabilitation services

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
TOC
Cemetery Board (CB) TOC
TOC
Chiropractic Examining Board (Chir) TOC
TOC
Department of Administration-Division of Personnel Management; Merit Recruitment (ER-MRS) TOC
TOC
Department of Administration-Divison of Hearings and Appeals (HA) TOC
TOC
Department of Natural Resources (NR), Chs. NR 100-199; Environmental Protection – General TOC
TOC
Department of Public Instruction (PI) TOC
TOC
Veterinary Examining Board (VE) TOC
Inserted
ATCP 55
Meat And Poultry Products
Inserted
CB 1
Authority And Applications For Licensure
Inserted
CB 2
Filing Of Annual Reports And Maintaining Burial Records By Cemetery Authorities And Preneed Sellers
Inserted
CB 5
Approval Of Alternative Care Investment Funds
Inserted
CB 6
Mausoleums
Inserted
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Chir 4
Practice
Inserted
Chir 10
Delegation To Chiropractic Technicians And Chiropractic Radiological Technicians
Inserted
DCF 101
Wisconsin Works
Inserted
DCF 201
Child Care Subsidy Program
Inserted
DHS 77
Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing
Inserted
DHS 85
Non-Profit Corporations And Unincorporated Associations As Guardians
Inserted
DHS 97
Complaint Procedures For Inmates Of The Wisconsin Resource Center
Inserted
DHS 110
Emergency Medical Services Licensing, Certification, And Training Requirements
Inserted
DOC 302
Inmate Classification, Sentence, and Release Provisions
Inserted
DWD 65
Order Of Selection For Vocational Rehabilitation Services
Inserted
ER-MRS 1
Force And Effect Of Rules; Definitions
Inserted
ER-MRS 6
Recruitment And Selection
Inserted
ER-MRS 7
Appointing Procedure For Unskilled Labor And Service Classifications
Inserted
ER-MRS 8
Procedures For Corrections And Entry Professional Positions
Inserted
ER-MRS 10
Limited Term Appointments
Inserted
ER-MRS 11
Employment Registers
Inserted
ER-MRS 12
Certification And Appointment
Inserted
ER-MRS 13
Probationary Periods
Inserted
ER-MRS 14
Promotion
Inserted
ER-MRS 15
Transfer
Inserted
ER-MRS 16
Reinstatement And Restoration
Inserted
ER-MRS 17
Demotion
Inserted
ER-MRS 22
Layoff Procedure
Inserted
ER-MRS 27
Exceptional Methods And Kinds Of Employment
Inserted
ER-MRS 30
Career Executive Employment
Inserted
ER-MRS 32
Acting Assignments
Inserted
ER-MRS 34
Project Appointment
Inserted
ER 1
Force And Effect Of Rules And Definitions
Inserted
ER 18
Absences
Inserted
ER 21
Resignation
Inserted
ER 43
Affirmative Action And Equal Opportunity
Inserted
ER 46
Grievance Procedure
Inserted
FD 1
Licenses And Permits
Inserted
FD 2
Standards Of Practice
Inserted
FD 4
Continuing Education Requirements
Inserted
MPSW 19
Continuing Education
Inserted
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
NR 25
Commercial Fishing — Outlying Waters
Inserted
NR 26
Fish Refuges
Inserted
NR 47
Forestry Grant And State Aid Administration
Inserted
NR 152
Model Ordinances For Construction Site Erosion And Sediment Control And Post-Construction Storm Water Management
Inserted
NR 152 Appendix A
Appendix A Model Construction Site Erosion And Sediment Control Ordinance
Inserted
NR 152 Appendix B
Appendix B Model Post-Construction Storm Water Management Ordinance
Inserted
NR 243
Animal Feeding Operations
Inserted
PI 34
Teacher Education Program Approval And Licenses
Inserted
Phar 1
Authority And Definitions
Inserted
Psy 5
Conduct
Inserted
REEB 16
Approved Forms And Legal Advice
Inserted
REEB 25
Education
Inserted
SPS 363
Energy Conservation
Inserted
Tax 18
Assessment Of Agricultural Property
Inserted
VE 1
Authority And Definitions
Inserted
VE 11
Veterinary Professional Assistance Program

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
ATCP 55
Meat And Meat Food Products
Removed
CB 1
Authority And Applications For Licensure
Removed
CB 2
Filing Of Annual Reports And Maintaining Burial Records By Cemetery Authorities And Preneed Sellers
Removed
CB 5
Approval Of Alternative Care Investment Funds
Removed
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Chir 4
Practice
Removed
Chir 10
Delegation To Unlicensed Persons
Removed
DCF 101
Wisconsin Works
Removed
DCF 201
Child Care Subsidy Program
Removed
DHS 77
Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing
Removed
DHS 85
Non-Profit Corporations And Unincorporated Associations As Guardians
Removed
DHS 97
Complaint Procedures For Inmates Of The Wisconsin Resource Center
Removed
DHS 110
Emergency Medical Services Licensing, Certification, And Training Requirements
Removed
DOC 302
Assessment And Evaluation, Security Classification And Sentence Computation
Removed
DWD 65
Order Of Selection For Vocational Rehabilitation Services
Removed
ER-MRS 1
Force And Effect Of Rules; Definitions
Removed
ER-MRS 6
Recruitment And Selection
Removed
ER-MRS 7
Appointing Procedure For Unskilled Labor And Service Classifications
Removed
ER-MRS 8
Procedures For Corrections And Entry Professional Positions
Removed
ER-MRS 10
Limited Term Appointments
Removed
ER-MRS 11
Employment Registers
Removed
ER-MRS 12
Certification And Appointment
Removed
ER-MRS 13
Probationary Periods
Removed
ER-MRS 14
Promotion
Removed
ER-MRS 15
Transfer
Removed
ER-MRS 16
Reinstatement And Restoration
Removed
ER-MRS 17
Demotion
Removed
ER-MRS 22
Layoff Procedure
Removed
ER-MRS 27
Exceptional Methods And Kinds Of Employment
Removed
ER-MRS 30
Career Executive Employment
Removed
ER-MRS 32
Acting Assignments
Removed
ER-MRS 34
Project Appointment
Removed
ER 1
Force And Effect Of Rules And Definitions
Removed
ER 18
Absences
Removed
ER 21
Resignation
Removed
ER 43
Affirmative Action And Equal Opportunity
Removed
ER 46
Grievance Procedure
Removed
FD 1
Licenses And Permits
Removed
FD 2
Standards Of Practice
Removed
FD 4
Continuing Education Requirements
Removed
MPSW 19
Continuing Education
Removed
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
NR 25
Commercial Fishing — Outlying Waters
Removed
NR 26
Fish Refuges
Removed
NR 47
Forestry Grant And State Aid Administration
Removed
NR 152
Model Ordinances For Construction Site Erosion Control And Post-Construction Storm Water Management
Removed
NR 152 Appendix A
Appendix A Model Construction Site Erosion Control Zoning Ordinance
Removed
NR 152 Appendix B
Appendix B Model Post-Construction Storm Water Management Zoning Ordinance
Removed
NR 243
Animal Feeding Operations
Removed
PI 34
Teacher Education Program Approval And Licenses
Removed
Phar 1
Authority And Definitions
Removed
Psy 5
Conduct
Removed
REEB 16
Approved Forms And Legal Advice
Removed
REEB 25
Education
Removed
SPS 363
Energy Conservation
Removed
Tax 18
Assessment Of Agricultural Property
Removed
VE 1
Authority And Definitions

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.