Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. Preservation of the public welfare necessitates putting the forgoing rules into effect prior to the time that it would take if the Department complied with normal procedures.
On April 1, 2010, the U.S. EPA promulgated the first emission standard for gases contributing to climate change, i.e., greenhouse gases or GHG, which will become effective on January 2, 2011. While these standards target automobile emissions, under the Clean Air Act, this action will unintentionally subject stationary sources across the country to complex prevention of significant deterioration (PSD) and Title V permitting and emission control requirements. U.S. EPA attempted to mitigate this unintended effect by promulgating additional rules, which became effective on June 3, 2010, limiting applicability of the permitting requirements. However, Wisconsin sources will not be affected by the new U.S. EPA rules since existing state statute and administrative code do not contain the same applicability limiting provisions. State rules consistent with those at the federal level must be in effect on January 2, 2011 in order to provide the relief U.S. EPA intended for Wisconsin sources. Without these proposed emergency rules, many sources,
including municipal landfills, hospitals, asphalt plants, wastewater treatment plants, small wood fired boilers and agricultural digesters, will be considered major emissions sources of GHG, and therefore subject to the permit and emission control requirements for GHG. These permit and control requirements were never intended or designed to address the type or size of sources that could now be affected. Without the proposed changes, the existing rules would have the potential to overwhelm DNR permitting staff, divert resources away from significant environmental issues, and delay issuance of construction permits for critical projects for expanding businesses.
Therefore, the Department finds that the proposed emergency rules are necessary and appropriate for the preservation of the public welfare.
Publication Date:
December 15, 2010
Effective Dates:
December 15, 2010 through
May 15, 2011
Hearing Date:
January 21, 2011
Public Instruction
EmR1051
— Rule adopted to create
Chapter
PI 46
, relating to training requirements for individuals administering nonprescription and prescription drug products to pupils.
Finding of Emergency
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
Section
118.29 (6)
, Stats., requires the department to approve training in administering nonprescription drug products and prescription drugs. The statute also specifies that no school bus driver, employee, or volunteer may administer a nonprescription drug product or prescription drug, use an epinephrine auto-injector, or administer glucagon unless he or she has received such training. Because the statutory requirement becomes effective March 1, 2011, administrative rules must be in place as soon as possible so that training programs can be established prior to the effective date of the statutes.
Publication Date:
December 28, 2010
Effective Dates:
December 28, 2010 through
May 26, 2011
Hearing Date:
January 12, 2011
Regulation and Licensing (5)
1.
EmR0827
— Rule adopted creating
section
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Dates:
November 26, 2008
April 13, 2009
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
3.
EmR1031
— Rule adopted revising
Chapters
RL 110
to
116
, relating to the regulation of professional boxing contests.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to
2009 Wisconsin Act 111
, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:
August 25, 2010
Effective Dates:
September 1, 2010 through
January 28, 2011
Extension Through:
March 29, 2011
Hearing Date:
September 20, 2010
4.
EmR1032
— Rule adopted creating
Chapters
RL 192
to
196
, relating to the regulation of mixed martial arts sporting events.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to
2009 Wisconsin Act 111
, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:
August 26, 2010
Effective Dates:
September 1, 2010 through
January 28, 2011
Extension Through:
March 29, 2011
Hearing Date:
September 20, 2010
5.
EmR1102
— Rule adopted creating
Chapters
RL 200
to
202
, relating to governing professional conduct of individuals licensed as sign language interpreters, and for the treatment of state resident licensure exemption requests.
Finding of Emergency
2009 Wisconsin Act 360
created laws regulating the practice of sign language interpreting, and became effective on December 1, 2010. Under the act, codified at s.
440.032
, Stats., individuals practicing as sign language interpreters must now be licensed by the department, and must comply with a code of professional conduct to be promulgated by the department. The new law also provides for exemptions from the licensure requirement under certain circumstances, and requires the council to promulgate rules establishing the criteria and procedures for granting state resident exemptions. As s.
440.032
, Stats., is already in effect, an emergency rule is necessary to implement the law pending promulgation of a similar permanent rule.
Publication Date:
March 16, 2011
Effective Dates:
March 16, 2011 through
August 12, 2011
Regulation and Licensing —
Barbering and Cosmetology Examining Board
EmR1047
— Rule adopted to revise
Chapters
BC 9
and
11
, relating to late renewal and continuing education.
Finding of Emergency
The rule as currently promulgated fails to adequately protect the public to the extent that several provisions are underdeveloped, ambiguous or silent. As a result, inconsistent interpretations and contradictory information has led to significant confusion within the profession. Given that the rules require licensees to comply by March 31, 2011, the errors and omissions need to be addressed immediately so licensees can receive adequate training to provide safe and competent services to the public, and comply with the requirements for renewal of a license.
Publication Date:
December 23, 2010
Effective Dates:
December 23, 2010 through
May 21, 2011
Hearing Date:
April 4, 2011
