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. 783A1

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

Publication Date: March 1, 2021
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
EmR2108
Expires: July 28, 2021
First Appearance
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: May 30, 2021
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: May 30, 2021
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: March 31, 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: April 5, 2021
First 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.
EmR2031
Expires: March 23, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: March 24, 2021
First Extension
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
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: April 28, 2021
First 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
Continuing education
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: April 2, 2021
Second 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
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 016-21
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 57
Inedible animal by-products
SS 017-21
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 149
Potato industry
SS 018-21
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 160
Fair organizations
SS 019-21
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 161
Something Special from Wisconsin
SS 020-21
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
ch. NR 24
ch. NR 25
ch. NR 26
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
SS 021-21
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 26
Reorganizing Wisconsin boundary waters fishing regulations, Chs. NR 20 – 23 and 26
SS 022-21
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Reorganizing Ch. NR 25 commercial fishing and wholesale fish dealing regulations
SS 023-21
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan (Ch. NR 20)
SS 024-21
Department of Financial Institutions (DFI)
Chs. DFI-Sec 1-36; Department of Financial Institutions-Securities
ch. DFI-Sec 11
Continuing education for investment adviser representatives
SS 025-21
Board of Nursing (N)
ch. N 2
Temporary permits

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-019
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 8
Professional conduct
CR 21-020
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 2
General procedures
CR 21-021
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
CR 21-022
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 407
ch. NR 408
ch. NR 428
ch. NR 484
Incorporation of the 2015 national ambient air quality standards for ozone
CR 21-023
Public Service Commission (PSC)
ch. PSC 160
Revisions to Wis. Admin. Code ch. PSC 160

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-019
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 8
Professional conduct
CR 21-020
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 2
General procedures
CR 21-021
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
CR 21-022
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 407
ch. NR 408
ch. NR 428
ch. NR 484
Incorporation of the 2015 national ambient air quality standards for ozone
CR 21-023
Public Service Commission (PSC)
ch. PSC 160
Revisions to Wis. Admin. Code ch. PSC 160
EmR2104
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2106
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

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-043
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 130
ch. NR 131
ch. NR 132
ch. NR 182
Nonferrous metallic mineral exploration, bulk sampling, prospecting, mining and mining waste management – Chapters NR 130, NR 131, NR 132 and NR 182

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2108
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

Executive Orders

Document
Related to
EO 109
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff in memory of the more than 500,000 Americans and 6,284 Wisconsinites who have lost their lives to COVID-19

Public Notices

Document
Agency
Related to
Public Notice: LRB Public Notice
Legislative Reference Bureau (LRB)
Page numbering of ch. NR 149
Public Notice: Withdrawal of Scope Statement SS 014-21
Department of Workforce Development (DWD)
Temporarily waiving the waiting week for unemployment benefits

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.