EmR1112 Create sections ATCP 99.126 (6) and ATCP 99.235 (5) and to amend sections ATCP 99.126 (1) and ATCP 99.235 (1), relating to grain dealer and grain warehouse keeper agricultural producer security fund assessments.  

  • Emergency Rules Now in Effect
    Under s. 227.24 , Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
    Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
    Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
    Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2) , Stats.
    Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
    Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code .
    Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801 . The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.

    Agriculture, Trade and Consumer Protection
    EmR1112 — Rule adopted to create sections ATCP 99.126 (6) and ATCP 99.235 (5) and to amend sections ATCP 99.126 (1) and ATCP 99.235 (1) , relating to grain dealer and grain warehouse keeper agricultural producer security fund assessments.
    This emergency rule was approved by the governor on July 14, 2011.
    The statement of scope for this rule, SS 002-11 , was approved by the governor on July 14, 2011, published in Register 667 , on July 31, 2011, and approved by The Board of Agriculture, Trade and Consumer Protection on August 12, 2011.
    Finding of Emergency
    In Wisconsin, grain dealers (persons who purchase grain from producers), grain warehouse keepers (persons who store grain that is owned by others), milk contractors (persons who purchase milk from producers, and vegetable contractors (persons who purchase vegetables from producers for use in processing), must obtain a license to do these activities and are collectively referred to as "contractors". Most contractors are "contributing contractors", which means they must pay annual assessments into the Wisconsin Agricultural Producer Security Fund. This fund is designed to help partially reimburse producers in the event that a contractor defaults on payment to producers. The annual assessments are calculated based on the total dollar value of commodities purchased or stored, the length of time that the contractor has participated in the fund, and certain financial ratios from the contractor's balance sheet.
    All else equal, a contractor who purchases small amounts will pay lower assessments than one who purchases large amounts. All else equal, a contractor who is in a conservative financial position will pay lower assessments than one who carries higher levels of liabilities relative to their assets or equity. All else equal, a contractor who has participated in the fund for more than five years will pay lower assessments than one who has participated for less than five years. The annual assessment, calculated from the factors discussed above, vary considerably from one contractor to another. An annual assessment may be as low as $100, or as high as several hundred thousand dollars.
    The grain dealer and grain warehouse keeper license years begin on September 1 of each year. At that point, DATCP calculates the assessment for the new license year that will be due in four quarterly payments over the course of that year. Calculations are based on purchase data and financial statement data for the grain dealer or grain warehouse keeper's most recently completed fiscal year and annual financial statement.
    For the license years that will begin on September 1, 2011, a very unusual combination of business financing and recent high commodity prices has lead to unusually high assessment calculations for one grain company. In fact, if the existing rule remains unmodified, there will be one individual elevator that will be charged over $1.2 million in assessments (for both grain dealer and grain warehouse combined). This is roughly four times greater than the previous highest annual assessment and roughly six times higher than the second highest annual assessment in the grain (dealer and warehouse combined) producer security fund program. Further, this potential assessment for next license year is more than double the highest assessment that has ever occurred in the milk contractor portion of the fund. This is significant because the dollar amount of a large milk contractor's annual purchase of milk tends to be much higher the dollar amount of a large grain dealer's annual purchase (or store) of grain.
    In the majority of cases, the assessment calculation formulas reasonably charge contractors for the overall risk that they pose to the fund in the event that they should default on amounts owed to producers. However, at least in the short term, this is not true for this one elevator. DATCP will analyze whether or not it is appropriate for this emergency rule to also be promulgated as a permanent rule, and if so, begin a separate rulemaking process at a later date.
    This temporary emergency rule is necessary to protect the welfare of the many hundreds of grain farmers who do business with this grain elevator, and to help prevent major disruptions in the grain industry.
    Publication Date:   September 2, 2011
    Effective Dates:   September 2, 2011 through
      January 29, 2012
    Hearing Date:   October 5, 2011
    Children and Families (2)
    Safety and Permanence, Chs. DCF 37-59
    1.   EmR1034 — Rule adopted to create sections DCF 57.485 and 57.49 (1) (am) , relating to determination of need for new group homes.
    Exemption From Finding of Emergency
    Section 14m (b) of 2009 Wisconsin Act 335 provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g) , Stats., 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.
    Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c) and (2) , Stats., an emergency rule promulgated under s. 48.625 (1g) , Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g) , Stats., take effect.
    Publication Date:   September 2, 2010
    Effective Dates:   September 2, 2010 through
      the date permanent rules
      become effective
    Hearing Date:   October 21, 2010
    2.   EmR1106 — Rule adopted to revise Chapters DCF 52 , 54 , and 57 , relating to regulation of rates charged by residential care centers for children and youth, child-placing agencies, and group homes.
    Finding of Emergency
    The Department of Children and Families finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
    2009 Wisconsin Act 28 directed the department to implement rate regulation effective January 1, 2011. Implementation was delayed and this rule is phasing-in rate regulation at the earliest feasible date.
    Publication Date:   April 18, 2011
    Effective Dates:   April 18, 2011 through
      September 16, 2011
    Hearing Date:   May 18, 2011
    Extension Through:   October 14, 2011
    Employment Relations Commission
    EmR1113 — Rule adopted to create Chapters ERC 70 to 74 and ERC 80 , relating to initial annual certification elections.
    These emergency rules were approved by the Governor on September 13, 2011.
    The statement of scope for this rule, SS 004-11 , was approved by the governor on July 20, 2011, published in Register 667 , on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s. 227.135 (2) on August 15, 2011.
    Finding of Emergency
    An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its election obligations under ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b) , Stats., and nonstatutory provisions ss. 9132 (1) (b) and 9155 (1) (b) of 2011 Wisconsin Act 10 as amended by nonstatutory provisions ss. 3570f and 3570h of 2011 Wisconsin Act 32 .
    Publication Date:   September 15, 2011
    Effective Dates:   September 15, 2011 thru
      February 12, 2012
    Government Accountability Board
    EmR1049 — Rule adopted to amend section GAB 1.28 , relating to the definition of the term "political purpose."
    Finding of Emergency
    The Government Accountability Board amends s. GAB 1.28 (3) (b) , Wis. Adm. Code, relating to the definition of the term "political purpose." Section GAB 1.28 as a whole continues to clarify the definition of "political purposes" found in s. 11.01 (16) (a) 1. , Stats., but repeals the second sentence of s. GAB 1.28 (3) (b) which prescribes communications presumptively susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
    This amendment to s. GAB 1.28 (3) (b) is to the rule that was published on July 31, 2010 and effective on August 1, 2010, following a lengthy two year period of drafting, internal review and study, public comment, Legislative review, and consideration of U.S. Supreme Court decisions. Within the context of ch. 11 , Stats, s. GAB 1.28 provides direction to persons intending to engage in activities for political purposes with respect to triggering registering and reporting obligations under campaign financing statutes and regulations. In addition, the rule provides more information for the public so that it may have a more complete understanding as to who is supporting or opposing which candidate or cause and to what extent, whether directly or indirectly.
    Pursuant to s. 227.24 , Stats., the Government Accountability Board finds an emergency exists as a result of pending litigation against the Board and two decisions by the United States Supreme Court: Federal Election Commission (FEC) v. Wisconsin Right to Life, Inc. (WRTL II) , 550 U.S. 549 (2007) and Citizens United v. FEC , 558 U.S. ___, (No. 08-205) (January 21, 2010). Following the effective date of the August 1, 2010 rule, three lawsuits were filed seeking a declaration that the rule was unconstitutional and beyond the Board's statutory authority: one in the U.S. District Court for the Western District of Wisconsin, one in the U.S. District Court for the Eastern District of Wisconsin, and one in the Wisconsin Supreme Court. On August 13, 2010, the Wisconsin Supreme Court temporarily enjoined enforcement of the August 1, 2010 rule, pending further order by the Court.
    In the lawsuit in the U.S. District Court for the Western District of Wisconsin, the parties previously executed a joint stipulation asking the Court to permanently enjoin application and enforcement of the second sentence of s. GAB 1.28 (3) (b) . On October 13, 2010, the Court issued an Opinion and Order denying that injunction request. In denying the injunction, the Court noted that "G.A.B. has within its own power the ability to refrain from enforcing, or removing altogether, the offending sentence from a regulation G.A.B. itself created" and emphasized that "removing the language — for example, by G.A.B. issuing an emergency rule — would be far more `simple and expeditious' than asking a federal court to permanently enjoin enforcement of the offending regulation." Wisconsin Club for Growth, Inc. v. Myse , No. 10-CV-427, slip op. at 2 (W.D. Wis. Oct. 13, 2010). The Court further noted that staying the case would give the Board time to resolve some or all of the pending issues through further rulemaking. Id. , slip op. at 14.
    In addition, the Board, through its litigation counsel, has represented to the Wisconsin Supreme Court that it does not intend to defend the validity of the second sentence of s. GAB 1.28 (3) (b) and that it would stipulate to the entry of an order by that Court permanently enjoining the application or enforcement of that sentence.
    This amendment brings s. GAB 1.28 (3) (b) into conformity with the above stipulation, with the representations that have been made to the Wisconsin Supreme Court, and with the suggestions made in the October 13, 2010, Opinion and Order of the U.S. District Court for the Western District of Wisconsin. The Board finds that the immediate adoption of this amendment will preserve the public peace and welfare by providing a simple and expeditious clarification of the meaning of s. GAB 1.28 for litigants, for the regulated community, and for the general public and by doing so in advance of the 2011 Spring Election and any other future elections.
    Publication Date:   January 7, 2011
    Effective Dates:   January 7, 2011 through
      June 5, 2011
    Extension Through:   October 3, 2011
    Hearing Date:   February 16, 2011
    Natural Resources (6)
    Fish, Game, etc., Chs. NR 1—
    1 .   EmR1036 — Rule adopted to create section NR 40.04 (2) (g) , relating to the identification, classification and control of invasive species.
    Exemption From Finding of Emergency
    Section 227.24 (1) (a) , Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227 , Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a) , Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6. , Stats., takes effect.
    Publication Date:   September 29, 2010
    Effective Dates:   September 29, 2010 through   See bold text above
    Hearing Date:   October 25 to 29, 2010
    2.   EmR1039 (DNR # IS-49-10(E)) — Rule adopted to create sections NR 40.02 (7g) , (7r) , (25m) , (28m) and (46m) , 40.04 (3m) and 40.07 (8) , relating to the identification, classification and control of invasive bat species.
    Exemption From Finding of Emergency
    Section 227.24 (1) (a) , Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227 , Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a) , Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6. , Stats., takes effect.
    Publication Date:   November 3, 2010
    Effective Dates:   November 3, 2010 through
      See bold text above
    Hearing Date:   November 29, 2010
    3.   EmR1045 (DNR # IS-07-11(E)) — Rule to repeal section NR 40.02 (28m) , to amend section NR 40.04 (3m) , and to repeal and recreate section NR 40.07 (8) , (all as created by Natural Resource Board emergency order EmR1039 , DNR # IS-49-10(E)), relating to the identification, classification and control of invasive species.
    Exemption From Finding of Emergency
    Section 227.24 (1) (a) , Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227 , Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a) , Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6. , Stats., takes effect.
    Publication Date:   December 13, 2010
    Effective Dates:   December 13, 2010 through
      See bold text above
    4.   EmR1107 — Rule to amend section NR 25.09 (2) (b) 2. a. and f. , and create section NR 25.09 (1) (b) 11. , relating to commercial fishing in outlying waters.
    Finding of Emergency
    The Department of Natural Resources finds that an emergency exists and the foregoing rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
    Commercial trap nets in Lake Michigan pose a hazard to the safety of recreational fishermen trolling submerged fishing lines. The preservation of public safety requires appropriate measures to assure that recreational boaters can know the location of trap nets and are able to release themselves from entanglement with the commercial nets. Accordingly, this NRB Order requires that 1) boat operators engaged in trolling with downriggers carry wire cutters on board capable of severing fishing line or downrigger cable, 2) the enhanced net marking requirements on Lake Michigan be applied to trap nets on Lake Superior, 3) all parts of trap nets set in Zone 3 of Lake Michigan between June 29 and Labor Day be within designated areas, and 4) the marking of trap nets in Lake Michigan be enhanced by the use of reflective tape on buoy staffs.
    Publication Date:   May 23, 2011
    Effective Dates:   May 23, 2011 through
      October 19, 2011
    Hearing Date:   June 27, 2011
    5.   EmR1109 — Rule to amend sections NR 10.01 (3) (ed) 1. a. , 10.01 (3) (et) 2. , 10.104 (7) (a) 1. , and 10.104 (7) (b) , relating to deer hunting seasons and carcass tag use.
    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. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
    Publication Date:   July 2, 2011
    Effective Dates:   September 17, 2011 through     February 13, 2012
    6.   EmR1111 — Rule to repeal and recreate sections NR 10.01 (1) (b) , (g) and (u) and 10.32 and to amend section NR 10.01 (1) (v) , relating to hunting and the 2011 migratory game bird seasons and waterfowl hunting zones.
    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. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
    Publication Date:   September 3, 2011
    Effective Dates:   September 3, 2011 through
      January 30, 2012
    Hearing Date:   October 3, 2011
    Revenue (3)
    1.   EmR1104 — Rule adopted creating section Tax 2.957 , relating to income and franchise tax credits and deductions for businesses that relocate to Wisconsin.
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of income and franchise tax credits and deductions for businesses that relocate to Wisconsin.
    It is necessary to promulgate this rule order so that these credits and deductions, created to help bring much needed jobs to Wisconsin, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   April 7, 2011
    Effective Dates:   April 7, 2011 through
      September 3, 2011
    Extension Through:   November 2, 2011
    Hearing Date:   June 14, 2011
    2.   EmR1105 — Rule adopted creating section Tax 3.05 , relating to income and franchise tax deductions for job creation.
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of income and franchise tax deductions for job creation.
    It is necessary to promulgate this rule order so that these deductions, created to help bring much needed jobs to Wisconsin, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   April 7, 2011
    Effective Dates:   April 7, 2011 through
      September 3, 2011
    Extension Through:   November 2, 2011
    Hearing Date:   June 14, 2011
    3.   EmR1110 — The Wisconsin Department of Revenue hereby adopts an emergency rule interpreting s. 77.54 (56) , Stats., creating section Tax 11.10 , relating to wind, solar, and certain gas powered products.
    The statement of scope for this emergency rule, SS 001-11 , was approved by the governor on June 17, 2011, and published in Register 667 on July 14, 2011. This emergency rule was approved by the governor on June 20, 2011
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of a sales and use tax exemption for certain energy-producing wind, solar, and gas powered products and the electricity or energy they produce.
    It is necessary to promulgate this rule order so that this exemption, which is effective July 1, 2011, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   June 29, 2011
    Effective Dates:   June 29, 2011 through
      November 25, 2011
    Safety and Professional Services (3)
    (Formerly Regulation and Licensing)
    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 Date:   November 26, 2008
      April 13, 2009
    2.   EmR0828 — Rules adopted to amend section RL 181.01 (2) (c) ; and to create sections RL 180.02 (1m) , (3m) and (11) , 181.01 (1) (d) , (2) (c) 1. and 2. , relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
    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.   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
    Extension Through:   October 11, 2011
    Hearing Date:   May 3, 2011
    Safety and Professional Services —
    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
    Extension Through:   September 18, 2011
    Hearing Date:   April 4, 2011
    Safety and Professional Services —
    Veterinary Examining Board
    EmR1103 — Rule adopted to revise sections VE 2.01 (2) , 3.03 (intro) and (5) , relating to the requirements for the initial licensure of veterinarians, specifically, the procedures for, and the types of examinations required.
    Finding of Emergency
    As currently written, the veterinary examining board rules regarding licensure candidates' deadlines for submission of applications to take the North American Veterinary Licensing Examination (NAVLE) do not align with the deadlines established by the National Board of Veterinary Medical Examiners (NBVME). The rules thus also conflict with the deadlines defined in the board's NBVME NAVLE agreement. The rules state that a candidate shall file a completed NAVLE application with the board at least 60 days prior to the date of the scheduled examination. However, NAVLE's deadlines require submission of applications approximately 115 days ahead of the examination date. This inconsistency between the rules and NAVLE's deadlines will likely cause significant confusion for licensure candidates. At worst, it could preclude a candidate from taking the particular NAVLE he or she applies for due to missing the application deadline. In addition, recently-passed legislation now allows foreign veterinary graduates to show evidence of successful completion of the Program for the Assessment of Veterinary Education Equivalence (PAVE) as an alternative to the American Veterinary Medical Association (AMVA) Educational Commission for Foreign Veterinary Graduates Certification (ECFVGC) program. The board adopts this emergency rule effecting the necessary changes pending the promulgation of a similar permanent rule.
    Publication Date:   March 28, 2011
    Effective Dates:   March 28, 2011 through
      August 24, 2011
    Extension Through:   October 23, 2011
    Hearing Date:   May 25, 2011