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.
Children and Families
Safety and Permanence, Chs. DCF 37-59
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
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
Publication Date:
September 15, 2011
Effective Dates:
September 15, 2011 thru
February 12, 2012
Extension Through:
April 12, 2012
Hearing Date:
February 2, 2012
Insurance (2)
1.
EmR1117
— Rule adopted to revise
Chapter
Ins 18
, relating to grievances and independent review requirements and affecting small business.
The statement of scope for this rule, SS
027-11
Ch.
Ins 18
, was approved by the governor on September 30, 2011, published in
Register No. 670
, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Portions of Wisconsin's insurance law and regulations governing grievances and independent review processes are in conflict with federal law and regulation following the amendment of
42 USC 300gg
19
(a) and (b), as implemented by
45 CFR 147.136
, as amended. Therefore, the Commissioner, pursuant to s.
631.01 (5)
, Stats., has determined that it is in the interest of the State of Wisconsin, Wisconsin insureds and the public to exempt insurers, certified independent review organizations and self-insured governmental health plans that elect to comply with ch.
Ins 18
, Wis. Adm. Code, as revised, from being required to comply with provisions contained in s.
632.83
and
632.835
, Stats., that are inconsistent with
42 USC 300gg-19
(a) and (b), and
45 CFR 147.136
et seq., as amended.
Facts constituting the emergency arise from the desire for the State of Wisconsin to retain jurisdiction and regulatory control over the grievance and the independent review processes and independent review organizations operating in the state. The Secretary of the US Department of Health and Human Services issued interim final regulations and guidance, most recently released late June 2011. The regulations require states that desire to retain regulatory oversight of the grievance and independent external review processes, to demonstrate compliance with the federal internal appeal and external review laws and regulations to the Center for Consumer Information and Insurance Oversight ("CCIIO"). The Commissioner received notice on July 29, 2011, from CCIIO that Wisconsin's current regulatory oversight is not compliant.
The Commissioner has requested reconsideration of that initial determination, however, to ensure retention of regulatory oversight of the grievance and independent external review processes revisions to ch.
Ins 18
, Wis. Adm. Code, must be made and be applicable for claims arising on or after January 1, 2012. Assembly Bill 210 has been introduced, a bill that repeals inconsistent provisions in accordance with federal requirements, but it is unlikely that AB 210 will be enrolled within the reconsideration timeframe. Therefore the Commissioner is proposing this emergency rule to comply with the federal requirements in order to retain regulatory jurisdiction of grievance and independent review processes.
Publication Date:
November 16, 2011
Effective Dates:
November 16, 2011 through
April 13, 2012
Repealed by
EmR1119
:
December 29, 2011
2.
EmR1119
— Rule to repeal
EmR1117
, which was to revise
Chapter
Ins 18
, relating to grievances and independent review requirements, and affecting small business.
The emergency rule was approved by the governor on December 27, 2011.
The statement of scope SS
045-11
was approved by the governor on December 1, 2011, and published December 14, 2011 in
Register No. 672
. The Statement of Scope was signed by Commissioner Nickel on December 24, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Emergency Rule 1117 (
EmR1117
), was effective November 16, 2011 and is to be first applicable on January 1, 2012.
EmR1117
contained provisions modifying Wisconsin's insurance regulations governing grievances and independent review processes to comply with federal law provisions of
42 USC 300gg
19
(a) and (b), as implemented by 45 CR 147.136, as amended. It has been determined that this may not be in the best interest of the state.
The proposed emergency rule will repeal
EmR1117
in its entirety and maintain Wisconsin's prior existing regulations and oversight of the grievance and independent review process. To avoid full implementation of
EmR1117
and industry and consumer confusion, the Commissioner has determined that this emergency rule must be effective prior to January 1, 2012.
Publication Date:
December 29, 2011
Effective Dates:
December 29, 2011 through
May 26, 2012
Hearing Date:
January 26, 2012
Justice (2)
1
.
EmR1114
— Rule to create
Chapter
Jus 17
and
Chapter
Jus 18
, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
020-11
, was approved by the governor on August 31, 2011, published in
Register No. 669
, on September 14, 2011, and approved by Attorney General J.B. Van Hollen on September 26, 2011.
Finding of Emergency
Under section
101
of
2011 Wis. Act 35
, most of the provisions of that Act — including the provisions governing the licensing and certification processes covered by the rules proposed here and the provisions authorizing the carrying of a concealed weapon by the holder of a license, an out-of-state license, or a certification card — will have an effective date of November 1, 2011. In particular, s.
175.60 (9)
, Stats., will require DOJ to begin receiving and processing license applications and issuing or denying licenses as soon as that provision takes effect on November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system to take effect on November 1, 2011.
DOJ cannot comply with the requirements of s.
175.60 (9)
, Stats., and related statutory requirements until it has in effect administrative rules establishing the procedures and standards that will govern DOJ's enforcement and administration of those requirements. It follows that, in order for DOJ to meet its statutory duties that take effect on November 1, 2011, it must complete the promulgation of such administrative rules prior to that date.
Under the non-emergency rulemaking procedures of ch.
227
, Stats., before the proposed rules could be promulgated, numerous notice, hearing, and publication requirements would have to be fulfilled — including, but not limited to a public hearing on the proposed rules, preparation of a detailed report including a summary of public comments and DOJ's responses to those comments, and legislative review of the proposed rules. DOJ has determined that it is impossible for all of the required steps in that non-emergency rulemaking process to be completed by November 1, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24
, Stats., can the requisite rules be promulgated and in effect in time for DOJ to meet its statutory duties that take effect on November 1, 2011. The public welfare thus necessitates that the proposed rules be promulgated as emergency rules under s.
227.24
, Stats. Once the proposed emergency rules have been promulgated, DOJ will promptly follow up with the promulgation of a permanent version of the rules under the full rulemaking procedures.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through
March 29, 2012
Extension Through:
April 12, 2012
2.
EmR1115
— Rule to create
section
Jus 17.13
, relating to the recognition by Wisconsin of concealed carry licenses issued by other states.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
009-11
, was approved by the governor on August 4, 2011, published in
Register No. 668
, on August 31, 2011, and approved by Attorney General J.B. Van Hollen on September 12, 2011.
Finding of Emergency
Section
100 (1)
of
2011 Wis. Act 35
expressly authorizes and requires DOJ to use the emergency rulemaking procedures of s.
227.24
, Stats., to promulgate the emergency rule required under s.
165.25 (12)
, Stats., and further provides that DOJ is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through
March 29, 2012
Natural Resources (2)
Fish, Game, etc., Chs. NR 1—
1.
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
This emergency rule was approved by the governor on October 19, 2011.
The statement of scope for this rule, SS
023-11
, was approved by the governor on September 15, 2011, published in
Register No. 669
, on September 30, 2011, and approved by The Natural Resources Board on October 26, 2011.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The current commercial season for whitefish from Lake Michigan and Green Bay closes one week before the season closure for state-licensed fishers in the State of Michigan. This limitation on fishing opportunities threatens the welfare of state-licensed commercial fishers in Wisconsin and makes these Wisconsin businesses less competitive with counterparts in Michigan. The additional business revenue, approximately $161,300, and improved competitiveness of the commercial fishing industry, rises to the standard of preservation and improvement of the public welfare required for emergency rule making.
The number of commercial fishers has been declining over the last 20 years from 145 to 57. While some of this decline has been due to consolidation, some of the reduction is due to adverse economics of the industry. This rule requires emergency action to enhance public welfare as it applies to the economic health of the commercial fishing industry, which requested this rule change.
Publication Date:
October 26, 2011
Effective Dates:
October 26, 2011 through
March 23, 2012
Revenue
EmR1201
— Rule to revise
section
Tax 7.23
, relating to the activities of brewers, bottlers, out-of-state shippers, and wholesalers.
The scope statement for this rule, SS
018-11
, was approved by the governor on August 16, 2011, published in
Register No. 669
on September 14, 2011, and approved by the Secretary of Revenue on September 26, 2011.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the 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 administer the provisions of ss.
125.28 (5) (e)
and
125.29 (3)
, Stats., as created by
2011 Wisconsin Act 32
, and reflect revisions made by the Act to the authorized activities of persons holding wholesalers' and brewers' permits.
It is necessary to promulgate this rule order so that the above provisions 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:
January 27, 2012
Effective Dates:
January 27, 2012 through
June 24, 2012
Hearing Date:
February 27, 2012
Safety and Professional Services
(Formerly Regulation and Licensing)
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 section
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
