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

Wisconsin Administrative Register No. 788B

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

Publication Date: August 30, 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
EmR2123
Expires: January 17, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
EmR2122
Expires: January 16, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations
EmR2121
Expires: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2120
Expires: December 19, 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
EmR2119
Expires: December 19, 2021
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)
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: October 23, 2021
First Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: October 14, 2021
First Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2108
Expires: September 26, 2021
First 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
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: October 19, 2021
Second 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
EmR2047
Expires: September 27, 2021
Second 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
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 070-21
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling crotonyl fentanyl
SS 071-21
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling remimazolam
SS 072-21
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling brorphine
SS 073-21
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures
SS 074-21
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 5
ch. NR 10
ch. NR 11
ch. NR 15
ch. NR 17
ch. NR 20
ch. NR 26
ch. NR 27
ch. NR 45
ch. NR 51
Wisconsin DNR property management regulations
SS 075-21
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 067-21 Notice of Hearing
Department of Children and Families (DCF)
Chs. DCF 1-20; General
Chs. DCF 021-99; Safety and Permanence
ch. DCF 12
ch. DCF 13
ch. DCF 39
ch. DCF 40
ch. DCF 50
ch. DCF 52
ch. DCF 55
ch. DCF 56
ch. DCF 58
ch. DCF 59
Technical corrections and minor updates to child welfare rules
SS 068-21 Notice of Hearing
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 102
Wisconsin Works filing a good cause claim for noncooperation with child support
SS 069-21 Notice of Hearing
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy updates
SS 073-21 Notice of Hearing
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures
SS 075-21 Notice of Hearing
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-068
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 520
ch. NR 524
Updating chapters NR 114, 146, 520 and 524 to allow for third party administration of operator certification examinations
CR 21-069
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2021 migratory bird season framework and regulations

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-057
Department of Financial Institutions (DFI)
Chs. DFI-Sec 1-36; Department of Financial Institutions-Securities
ch. DFI-Sec 11
Continuing education requirements for investment adviser representatives
CR 21-068, EmR2123
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 520
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
CR 21-069
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-071
Public Service Commission (PSC)
ch. PSC 136
ch. PSC 173
The non-essential uses of natural gas and the Wireless 911 Fund
CR 19-136
Department of Justice (Jus)
ch. Jus 11
Administration of the crime victim compensation program
CR 20-034
Cemetery Board (CB)
ch. CB 1
Applications for cemetery salesperson and preneed seller credentials
CR 20-083
Public Service Commission (PSC)
ch. PSC 118
Allowing an electric provider, or customer or member of an electric provider, to create a renewable resource credit for heat that is a byprolduct of a manufacturing process and is used to provide thermal energy for another purpose
CR 21-010
Department of Public Instruction (PI)
ch. PI 19
ch. PI 34
ch. PI 40
Biennial cleanup of DPI administrative rules

Public Notices

Document
Agency
Related to
Public Notice: CR 20-047 Effective Date Modification
Department of Health Services (DHS)
Community substance abuse services
Public Notice: Department of Public Instruction Waivers
Department of Public Instruction (PI)
Private school choice program waivers and special needs scholarship program waivers

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-036
Effective: September 1, 2021
Hearing and Speech Examining Board (HAS)
ch. HAS 3
ch. HAS 7
ch. HAS 8
Removing obsolete provisions
CR 20-070
Effective: September 1, 2021
Department of Public Instruction (PI)
ch. PI 34
Speech and language pathologist licenses
CR 20-071
Effective: September 1, 2021
Department of Public Instruction (PI)
ch. PI 34
Alternative completion standards for educator preparation programs
CR 20-080
Effective: September 1, 2021
Controlled Substances Board (CSB)
ch. CSB 4
Designating gabapentin as a monitored drug
CR 20-082
Effective: September 1, 2021
Department of Public Instruction (PI)
ch. PI 34
Revisions to licensing of pupil services professionals
CR 20-086
Effective: September 1, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
ch. SPS 85
Real estate appraisers
CR 20-087
Effective: September 1, 2021
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
CR 21-035
Effective: September 1, 2021
Technical College System Board (TCS)
ch. TCS 10
Supplemental aid payments
CR 21-036
Effective: September 1, 2021
Technical College System Board (TCS)
ch. TCS 4
District budget limitations

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
Inserted
CSB 4
Prescription Drug Monitoring Program
Inserted
HAS 3
Hearing Instrument Specialists Examinations
Inserted
HAS 7
Requirements For Renewal
Inserted
HAS 8
Continuing Education Requirements
Inserted
NR 8
License And Permit Procedures
Inserted
NR 10
Game And Hunting
Inserted
NR 12
Wildlife Damage And Nuisance Control
Inserted
NR 16
Captive Wildlife
Inserted
PI 34
Educator Licenses
Inserted
SPS 85
Real Estate Appraisers
Inserted
SPS 384 Appendix
Appendix
Inserted
TCS 4
Administrative Hearing Procedures
Inserted
TCS 10
Residency, Admissions And Fee Refund

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
CSB 4
Prescription Drug Monitoring Program
Removed
HAS 3
Hearing Instrument Specialists Examinations
Removed
HAS 7
Requirements For Renewal
Removed
HAS 8
Continuing Education Requirements
Removed
NR 8
License And Permit Procedures
Removed
NR 10
Game And Hunting
Removed
NR 12
Wildlife Damage And Nuisance Control
Removed
NR 16
Captive Wildlife
Removed
PI 34
Educator Licenses
Removed
SPS 85
Real Estate Appraisers
Removed
SPS 384 Appendix
Appendix
Removed
TCS 4
Administrative Hearing Procedures
Removed
TCS 10
Residency, Admissions And Fee Refund

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.