CR_13-033 Revises Chapters PSC 113, 134, and 185, relating to retention of customer meters so that they are available for testing.  

  • 2011 Wisconsin Act 166 created s. 115.415 , Stats., regarding the educator effectiveness evaluation system and the ability to have equivalent models.
    Section 115.415 (3) , Stats., mandates the promulgation of an equivalency process to review alternative educator evaluation models for use by public school districts and charter schools established under s. 118.40 (2r) , Stats. The equivalency process shall be based on the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards.
    Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
    The proposed rules will indirectly benefit some small businesses involved in creating alternative educator evaluation programs since these have the potential to be approved and used throughout the state.
    Anticipated costs incurred by private sector
    There are no required costs associated with implementing this rule. It provides an opportunity for different businesses and parties which may come with their own costs, but the implementation of the rule itself does not create significant costs.
    Effect on small business
    The rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.
    Agency contact person
    The agency person to be contacted if there are substantive questions on the rules:
    Sheila Briggs, Assistant State Superintendent, Division for Academic Excellence, sheila.briggs@dpi.wi.gov , (608) 266-3361.
    The agency person to be contacted for the agency's internal processing of rules:
    Katie Schumacher, Administrative Rules Coordinator, Katie.Schumacher@dpi.wi.gov , (608) 267-9127.
    Agency procedure for promulgation
    A public hearing will be held under ss. 227.17 and 227.18 , Wis. Stats.
    Description of any forms
    The Equivalency Review Process Application form is the form that districts, consortia of districts, or charter schools must fill out to apply for approval for their Equivalent Models. The Equivalency Review Process Application form may be obtained at no charge from the Department of Public Instruction, Educator Effectiveness Team, P.O. Box 7841, Madison, WI 53707-7841.
    Initial Regulatory Flexibility Analysis
    The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a) , Stats.
    Fiscal Estimate
    This rule will impact local government units and specific businesses/sectors. To receive a copy of the complete fiscal estimate, please contact Katie Schumacher using the contact information below.
    Economic Impact Analysis
    This rule provides school districts, consortia of districts, or charter schools established under s. 118.40(2r) , Stats., with the opportunity to develop and submit a new model for evaluating educator practice. The application for approval of an equivalency model takes time to complete. Thus, the rule will require some staff time from the applicants during the application process. To receive a copy of the complete economic impact analysis, contact Katie Schumacher using the contact information below.
    Agency Contact Person
    Katie Schumacher, Administrative Rules Coordinator and Small Business Regulatory Coordinator, Katie.Schumacher@dpi.wi.gov , Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841.
    STATE OF WISCONSIN
    DEPARTMENT OF ADMINISTRATION
    DOA-2049 (R03/2012)
    Division of Executive Budget and Finance
    101 East Wilson Street, 10th Floor
    P.O. Box 7864
    Madison, WI 53707-7864
    FAX: (608) 267-0372
    ADMINISTRATIVE RULES
    Economic Impact Analysis
    1. Type of Estimate and Analysis
    X Original   Updated   Corrected
    2. Administrative Rule Chapter, Title and Number
    PI Chapter 47: Educator Effectiveness Equivalency Process
    3. Subject
    Educator Effectiveness Equivalency Process
    4. Fund Sources Affected
    5. Chapter 20, Stats. Appropriations Affected
    GPR   FED   PRO   X PRS   SEG   SEG-S
    20.255 (1) (hg)
    6. Fiscal Effect of Implementing the Rule
    No Fiscal Effect
    Indeterminate
    Increase Existing Revenues
    Decrease Existing Revenues
    X Increase Costs
    X Could Absorb Within Agency's Budget
    Decrease Cost
    7. The Rule Will Impact the Following (Check All That Apply)
    State's Economy
    X Local Government Units
    X Specific Businesses/Sectors
    Public Utility Rate Payers
    Small Businesses (if checked, complete Attachment A)
    8. Would Implementation and Compliance Costs Be Greater Than $20 million?
    Yes   X No
    9. Policy Problem Addressed by the Rule
    This rule recognizes the state's model for evaluating educator practice within the Wisconsin Educator Effectiveness System might not suit every district's unique needs. As such, this rule allows a school district, consortium of districts, or charter school established under s. 118.40 (2r), Stats., to submit a new model for evaluating educator practice for review to the department. The equivalency process applies only to the educator practice component within the state system; the student outcomes component is not subject to equivalency.
    10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
    School districts and the organization developing their equivalent model were asked about any possible compliance or implementation costs. For this economic impact analysis, the department contacted those school districts and organizations that notified the department of their intention to apply for an equivalent model for the 2013-14 school year.
    11. Identify the local governmental units that participated in the development of this EIA.
    School districts that notified the department of their intention to apply for an equivalent model for the 2013-14 school year were asked to notify the department of any possible compliance or implementation costs.
    12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
    This rule provides school districts, consortia of districts, or charter schools established under s. 118.40 (2r), Stats., with the opportunity to develop and submit a new model for evaluating educator practice. The application for approval of an equivalency model takes time to complete. Thus, the rule will require some staff time from the applicants during the application process.
    13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
    Benefits of implementing this rule include giving districts more local control in selecting the model for evaluating educator practice that best meets their unique needs. Alternatives include having every district across the state implement the state's model for evaluating educator practice set forth within the Wisconsin Educator Effectiveness System.
    14. Long Range Implications of Implementing the Rule
    Recognizing each district has unique needs, this rule would allow districts the flexibility to develop or choose an alternative model for evaluating educator practice which best meets those needs.
    15. Compare With Approaches Being Used by Federal Government
    NA.
    16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
    Illinois has established a similar educator effectiveness system, the Performance Evaluation Reform Act (PERA) to address the needs of effective educator evaluations. Teachers and principals may be evaluated by any person who successfully completes training and a pre-qualification. Unlike Wisconsin's state model, Illinois is requiring all districts to design and implement systems to measure teacher and principal performance. Districts then have two options for adopting a new system that incorporates student growth measures into teacher evaluations. A school district can develop its own system that meets minimum standards mandated by state rules; or it can choose to use all or portions of a state-designed optional model. A special advisory group, the Performance Evaluation Advisory Committee (PEAC) will provide input on rules for districts wanting to develop their own teacher and principal evaluation systems; and recommendations for a statewide model for principal evaluation and a default/optional model for teacher evaluation.
    Iowa allows districts to design educator evaluation systems as long as they align with the state teaching standards. School districts are required to determine what policies, procedures and processes are needed to support Iowa Teaching Standards and Criteria. A teacher evaluation system should be built around a range of sources of data and information that will encourage and support the demonstration of teacher mastery of the Iowa Teaching Standards.
    Michigan is currently in the process of developing an educator evaluation system. The Michigan Council for Educator Effectiveness (MCEE) will develop a fair, transparent, and feasible evaluation system for teachers and school administrators. The system will be based on rigorous standards of professional practice and of measurement. The goal of this system is to contribute to enhanced instruction, improve student achievement, and support ongoing professional learning. Currently Michigan is in the process of piloting over 800 different systems designed by school districts.
    Minnesota has a voluntary program, Quality Compensation, or Q Comp, that allows local districts and exclusive representatives of the teachers to design and collectively bargain for a plan incorporating career ladder/advancement options, job-embedded professional development, teacher evaluation, performance pay, and an alternative salary schedule.
    17. Contact Name
    18. Contact Phone Number
    Sheila Briggs
    (608) 266-3361
    This document can be made available in alternate formats to individuals with disabilities upon request
    Notice of Hearing
    Public Service Commission
    (PSC Docket # 1-AC-227)
    The Public Service Commission of Wisconsin proposes an order to repeal s. PSC 113.0921 (1) (g) ; renumber ss. PSC 113.0923 and (title) and 185.78 and (title); renumber and amend s. PSC 185.77 ; amend ss. PSC 113.0614 , 113.0921 (1) (e) and (f) , 113.0922 (title), 134.20 , 134.31 (3) , 185.19 (1) , 185.73 (2) , 185.73 (4) , and 185.77 (title); repeal and recreate ss. PSC 113.0919 (1) and (2) , 134.19 (1) and (2) , and 185.46 (1) and (2) ; and create ss. 113.0919 (1) (title) , (2) (title) , (3) (title) and (4) (title) , 113.0922 (1) (title) , 113.0922 (3) , 113.0922 (6) , 134.19 (1) (title) , (2) (title) and (3) (title) , 134.31 (4) and (6) , 185.46 (1) (title) , (2) (title) and (3) (title) , a note following 185.76 (6), 185.761 (2) and 185.77 (3) and (5), regarding the retention of customer meters so that they are available for testing.
    Hearing Information
    Pursuant to s. 227.16 (2) (b) , Stats., the commission will hold a public hearing on these proposed rule changes.
    Date:   Thursday, May 30, 2013
    Time:  
    1:30 p.m.
    Location:
      Amnicon Falls Hearing Room
      Public Service Commission Building
      610 North Whitney Way
      Madison, WI
    This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
    The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
    Written Comments
    Any person may submit written comments on these proposed rules. The record will be open for written comments from the public, effective immediately, and until Thursday, June 13, 2013 , at noon . All written comments must include a reference on the filing to docket 1-AC-227. File by one mode only.
    Industry : File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's website ( http://psc.wi.gov ).
    Members of the Public : Please submit your comments in one of the following ways:
    Electronic Comment: Go to the commission's website at http://psc.wi.go v, and click on the "ERF - Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on "Need Help?" in the side menu bar for instructions on how to upload a document.
    Web Comment: Go to the commission's website at http://psc.wi.go v, and click on the "Public Comments" button on the side menu bar. On the next page select the "File a comment" link that appears for docket number 1-AC-227.
    Mail Comment: All comments submitted by U.S. Mail must include the phrase, "Docket 1-AC-227 Comments" in the heading, and shall be addressed to:
      Sandra J. Paske, Secretary to the Commission
      Public Service Commission
      P.O. Box 7854
      Madison, WI 53707-7854
    The commission does not accept comments submitted via e-mail or facsimile (fax) . Any material submitted to the commission is a public record and may appear on the commission's website. The commission may reject a comment that does not comply with the requirements described in this notice.
    Small business questions may be directed to Anne Vandervort at (608) 266-5814, or via e-mail at anne.vandervort@wisconsin.gov . Media questions should be directed to Matt Pagel, Acting Communications Director, at (608) 266-9600. Hearing- or speech-impaired individuals may also use the commission's TTY number: if calling from Wisconsin, (800) 251-8345; if calling from outside Wisconsin, (608) 267-1479.
    Analysis Prepared by the Public Service Commission of Wisconsin
    Statutory authority and explanation of authority
    This rule is authorized under ss. 196.02 (1) and (3) , 196.06 (3) , 196.17 (1) , and 227.11 , Stats.
    Section 227.11 authorizes agencies to promulgate administrative rules. Section 196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) grants the commission specific authority to promulgate rules. Section 196.06 (3) allows the commission to prescribe the manner and form in which utilities keep records. Section 196.17 (1) requires the commission to provide for meter testing.
    Statute interpreted
    This rule interprets ss. 196.03 (1) and 196.17 .
    Related statutes or rules
    Sections PSC 113.0922 , 113.0923 , 134.31 , 185.77 , and 185.78 deal with customer-requested and commission-refereed tests. This rulemaking deals with how long to retain meters after such tests so that they are available should further tests be requested. Sections PSC 113.0614 , 134.20 , and 185.19 deal with the retention of records.
    Brief summary of rule
    This rule establishes retention periods for meter test records. It also ensures that meters remain available for a reasonable period of time for subsequent testing, if necessary, to resolve a customer dispute. Further, it ensures that referee-tested meters are retained long enough that they are available should further testing or review be needed. It also requires that meters being retired from service must either be tested or stored so that they are available should a customer or the commission request testing. Finally, the rule ensures that when meters are tested for other reasons, and the test results in either a back-billing or a credit, the meters are retained long enough that they are available should further testing or review be needed.
    The proposed rule changes are slightly different for the water industry than those for the electric and gas industries, due to unique concerns about maintaining the integrity of the meters during storage. Specifically, water meters must be kept in a "wet" condition because a meter may test differently if the internal mechanism is allowed to dry out. 1 Like other industries, water utilities are given the option of testing all retired meters and disposing of those that are accurate, or retaining all meters. The options are provided to give individual utilities the flexibility to make the economic choice that makes sense for them: retaining all meters or testing all meters.
    1 Some members of the water industry have raised concerns that, even then, the meter may test differently since, for example, transporting the removed meter may dislodge accumulated scaling and silt.
    Comparison with existing or proposed federal legislation
    49 CFR 192 contains some records retention regulations for gas pipeline operators. 18 CFR 225 contains some gas records retention requirements. 18 CFR 125.3 . contains some electric records retention regulations. They do not address the issue of meter retention.
    Comparison with similar rules in surrounding states
    This rulemaking was opened after the commission dealt with a number of situations in which a customer had requested an accuracy test of a meter, but then the meter was thrown away before a second, commission-refereed test could be requested and performed. The approach is to require that a meter be retained for a period of time after an initial test to ensure that it is available for a follow-up test, should one be requested. This rulemaking involves three types of utility service: gas, electric and water.
    Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them.
    Retention periods for meter testing records vary among surrounding states, although the general format is the same. Records from an individual meter test must be retained for a period of time after the results are recorded in a history record that contains a wide variety of information about a particular meter, including all of the test results for that meter. That history record is retained for a longer period of time. The proposed rule requires utilities to retain an individual test record until it is recorded in the meter history record and the meter is tested again. The meter history record must be kept for the life of the meter, plus six years. Six years was chosen because it is the general statute of limitations for consumer issues. This retention period will help ensure that appropriate records remain available should an issue arise during that time.
    Minnesota, Iowa and Illinois require that initial test records be kept for at least three years, while Michigan requires that they be kept for at least two years. In Minnesota, such records must be kept longer if necessary to permit compliance with commission rules. In Michigan, they must be kept longer if necessary to comply with rules regarding refunds on fast meters. In Illinois, meter history records need only be kept for three years. In Michigan and Minnesota, they must be kept for the life of the meter.
    Effect on small business
    The s. 227.114 (1) , Stats., definition of "small business" states that to be considered a small business, the business must not be dominant in its field. Since they are monopolies in their service territories, gas, electric and water utilities are dominant in their fields, and so, are not small businesses.
    Initial Regulatory Flexibility Analysis
    This rule will not affect small businesses. The s. 227.114 (12) , Stats., definition of "small business" states that to be considered a small business, the business must not be dominant in its field. Since gas, electric and water utilities are monopolies in their service territories, they are dominant in their fields, and so, are not small businesses.
    Fiscal Estimate
    An Economic Impact Analysis is included.
    Agency Contact Person
    Questions regarding this rule should be directed to Docket Coordinator Joyce Mahan Dingman at (608) 267-6919, or via e-mail at joyce.dingman@wisconsin.gov . Small business questions may be directed to Anne Vandervort at (608) 266-5814, or via e-mail at anne.vandervort@wisconsin.gov . Media questions should be directed to Matt Pagel, Acting Communication Director, at (608) 266-9600. Hearing- or speech-impaired individuals may also use the Commission's TTY number: if calling from Wisconsin, (800) 251-8345; if calling from outside Wisconsin, (608) 267-1479.
    Text of Proposed Rule
    SECTION 1. PSC 113.0614 is amended to read:
    PSC 113.0614 Preservation of records. The A utility shall preserve the following records shall be preserved in a readable format and kept keep them available for inspection by the commission for the periods indicated. The list is not to be taken as comprehending a complete list of all types of utility records.
    Description of Records
    Period to be Retained
    (1) Maps showing the location and physical characteristics of existing facilities
    Perpetually
    (2) Engineering records in connection with construction projects if construction of projects results wholly or in part
    Until record is superseded or 6 years after plant is retired
    Production Records:
    (3) Station and system generation records
    Permanently
    (4) All other records taken in the plant
    6 years
    Operating Records:
    (5) Load dispatcher data
    6 years
    (6) Interruption records
    6 years
    (7) Meter test records
    Note that if meter test records are being used as meter history records under PSC 113.0919 (2 ) (b), the meter test records must be preserved for the time period required for meter history records.
    See PSC 113.0919 Until the information in the meter test record is entered in the meter history record and the meter is tested again
    (8) Meter history records
    Life of meter plus 6 years
    (9) Annual meter accuracy summary
    16 6 years
    (10) Results of test made when a meter is retired
    (11) Voltmeter records
    6 years
    See PSC 113.0706 (5)
    (12) All other records of operation
    6 years
    Equipment Records:
    (13) Must be placed in mortality study before destroying
    Life of equipment
    Customers' Records:
    (14) Inspection of customers' premises
    6 years
    (15) Customers' complaint record
    6 years
    (16) Meter reading sheets records
    * years 6 years
    (17) Billing record
    * years 6 years
    (18) Customer deposits
    6 years after refund
    (19) Filed rates and rules
    Permanently
    Note: See also "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" adopted by the commission in dockets 2-U-5005 and 2-U-5396, May 4, 1972, for more comprehensive listing of retention periods of specific records.
    *Where machine billing is used and meter readings recorded on tabulating cards the register sheets may be considered the "meter reading sheets" and the "billing records." "Meter reading sheets" and "billing records" or the "register sheets" shall be kept 6 years or until they are no longer needed to adjust bills. This means that the records must be kept 6 years or from the date of one meter test to the next whichever is longer.
    SECTION 2. PSC 113.0919 (1) (title) is created to read:
    PSC 113.0919 (1) (title) Meter test records.
    SECTION 3 . PSC 113.0919 (1) is repealed and recreated to read:
    PSC 113.0919 (1) A utility shall create a record of a test whenever a unit of metering equipment is tested. If the unit is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:
    (a) Information to identify the unit of metering equipment.
    (b) The location of the unit of metering equipment.
    (c) The equipment with which the unit of metering equipment is associated.
    (d) The date of the test.
    (e) The reason for the test.
    (f) A statement of "as found" accuracies.
    (g) A statement of "as left" accuracies, when applicable.
    (h) The name of the person making the test.
    (i) The readings before and after the test.
    (j) A statement as to whether or not the unit of metering equipment "creeps" and in case of creeping, all of the following:
    1. The rate.
    2. A statement of "as found" and "as left" accuracies sufficiently complete to permit checking of the calculations employed.
    3. Indications showing that all required checks have been made.
    4. A statement of repairs made, if any.
    5. Identification of the testing standard.
    SECTION 4. PSC 113.0919 (2) (title) is created to read:
    PSC 113.0919 (2) (title) Meter history records.
    SECTION 5. PSC 113.0919 (2) is repealed and recreated to read:
    PSC 113.0919 (2 ) (a) Each utility shall keep a history record for each unit of metering equipment showing all of the following:
    1. The date the unit was purchased.
    2. The unit's cost.
    3. Information identifying the unit.
    4. Equipment associated with the unit.
    5. The unit's essential name-plate data.
    6. Dates of the last 2 tests.
    7. Results of the last "as found" and "as left" tests, unless separate records are kept of each test for each unit.
    8. Locations where the unit has been installed, with dates of installation and removal.
    (b) If the information in par. (a) is kept in combination with the meter test record required by sub. (1) and meter test records are kept for the time period required for meter history records, a separate history record is not required.
    SECTION 6. PSC 113.0919 (3) (title) and (4) (title) are created to read:
    PSC 113.0919 (3 ) Statistical sampling summaries .
    PSC 113.0919 (4 ) Computerized meter record system.
    SECTION 7. PSC 113.0921 (1) (e) and (f) are amended to read:
    PSC 113.0921 (1) (e) A lot shall be deemed unacceptable and rejected for continued use if the total estimated percent defective (P) is greater than or equal to the appropriate maximum allowable percent defective (M) as determined from Table B-3, page 45 MIL-STD-414, following the procedure of par. (c) for both the full load and light load analysis test points at the respective designated Acceptable Quality Levels on any 2 annual sample testing analysis years within a five-year period for the lot or any meters in the lot. All meters in a rejected lot shall be provided with an appropriate test within a period of 48 months from the date of completion of the sample analysis and all the meters tested in the rejected lot shall be adjusted to the accuracies specified in s. PSC 113.0811 (1) (c) . All meters in a rejected lot that will not be returned to service shall be removed within 48 months from the date of completion of the sample analysis. These meters may be retired without a test. Annual statistical sample testing shall be terminated during the period when all of the meters in a rejected lot are being provided with a test and , unless the meter must be retained under s. PSC 113.0922 (3) , an accuracy adjustment.
    (f) All meters in any lot may be tested and , unless the meter must be retained under s. PSC 113.0922 (3) , adjusted for proper accuracy over a 48-month period at the discretion of the utility without a sample analysis determination specifying the lot test is necessary.
    SECTION 8. PSC 113.0921 (1) (g) is repealed.
    SECTION 9. PSC 113.0922 (title) is amended to read:
    PSC 113.0922 (title) Customer request test and commission referee tests .
    SECTION 10. PSC 113.0922 (1) (title) is created to read:
    PSC 113.0922 (1) (title) Customer request test .
    SECTION 11. PSC 113.0922 (3) is created to read:
    PSC 113.0922 (3) Meter retention. (a) After a customer requested test. When a utility performs a customer requested test on a customer's meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate , the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (b) After a referee test. When a utility performs a referee test on a customer's meter under sub. (2), the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (c) When performing other tests. When a utility tests a customer's meter for a reason other than those in subs. (1) or (2), and the test results in back billing or a credit, the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after the back billing or credit is issued so that the meter is available should another meter test be requested. If a customer requests that the meter be retested, the utility shall keep the retested meter, in "as tested" condition, at a designated location on the utility's premises for at least 10 business days after the retest is completed and a written report about that test has been issued.
    (d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 113.0610 or is notified about a dispute under s. PSC 113.0407 involving a meter-related issue, the utility shall keep the meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (e) When a meter is retired. When a utility retires a meter from service and test results indicate that no back billing or credit is due a customer, the utility may dispose of the meter immediately. When a utility retires a meter from service without testing it, the utility shall keep the meter, in "as found" condition, at a designated location on the utility's premises for at least one full billing plus 4 weeks after it is retired so that the meter is available should a meter test be requested.
    SECTION 12. PSC 113.0922 (6) is created to read:
    PSC 113.0922 (6) Records retention requirements . A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 113.0614 .
    SECTION 13. PSC 113.0923 and title are renumbered PSC 113.0922 (2) and (title).
    SECTION 14. PSC 134.19 (1) (title) is created to read:
    PSC 134.19 (1) (title) Meter test records .
    SECTION 15. PSC 134.19 (1) is repealed and recreated to read:
    PSC 134.19 (1) (a) A utility shall create a record of a meter test whenever a meter is tested. If the meter is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:
    1. Information identifying the meter.
    2. The reason for making the test.
    3. The reading of the meter before it was removed from service.
    4. The accuracy of measurement.
    5. All the data that was taken at the time of the test.
    (b) The meter test record must be sufficiently complete to permit convenient checking of the methods and calculations that have been employed.
    SECTION 16. PSC 134.19 (2) (title) is created to read:
    PSC 134.19 (2) (title) Meter history records.
    SECTION 17. PSC 134.19 (2) is repealed and recreated to read:
    PSC 134.19 (2) (a) The utility shall keep a meter history record which indicates all of the following:
    1. The date the meter was purchased.
    2. The meter's size.
    3. Information identifying the meter.
    4. The meter's various places of installation, with dates of installation and removal.
    5. The dates and results of all tests.
    6. The dates and details of all repairs.
    (b) The record shall be arranged in such a way that the record for any meter can be readily located.
    SECTION 18. PSC 134.19 (3) (title) is created to read:
    PSC 134.19 (3) (title) Meter accuracy summaries.
    SECTION 19. PSC 134.20 is amended to read:
    PSC 134.20 Preservation of records. The A utility shall preserve the following records shall be preserved in a readable format and kept keep them available for inspection by the commission for the periods indicated. The list is not to be taken as comprehending a complete list of all types of utility records.
    Description of Record
    Period to be Retained
    (1)
    Maps showing the location and physical characteristics of existing plant
    Currently
    (2)
    Engineering records in connection with construction projects
    Permanently
    (3)
    Supply records:
    Station and system supply records
    Permanently
    All other records taken in the plant
    6 years
    (4)
    Operating records:
    Load dispatcher data
    6 years
    Interruption records
    6 years
    Meter test records
    See s. PSC 134.19 Until the information in the meter test record is entered in the meter history record and the meter is tested again
    Meter history records
    Life of meter plus 6 years
    Annual meter accuracy summary
    20 6 years
    Heating value records
    6 years
    Pressure records
    6 years
    Specific gravity records
    6 years
    All other records of operation
    6 years
    (5)
    Equipment record:
    Must be placed in mortality study before destroying
    Life of equipment
    (6)
    Customers' records:
    Inspection of customers' equipment
    10 years
    Complaint record
    6 years
    Meter reading sheets or cards records
    * years 6 years
    Billing record
    * years 6 years
    Customer deposits
    6 years after refund
    (7)
    Filed rates and rules
    Permanently
    Note: See Federal Power Commission Orders 54 and 156 for preservation of records. Public Service Commission's Classification of Accounts, and s. 18.01 , Stats.
    * Where machine billing is used and meter readings recorded on tabulating cards, the register sheets may be considered the "meter reading sheets" and the "billing records." "Meter reading sheets"and "billing records" or the "register sheets" shall be kept 6 years or until they are no longer needed to adjust bills. This means that the records must be kept 6 years or from the date of one meter test to the next, whichever is longer.
    SECTION 20. PSC 134.31 (3) is amended to read:
    PSC 134.31 (3) All request and referee meter tests shall include an inspection of the meter index by removing the index from the meter body. The dials, gears and all other parts of the index shall be visually inspected for wear, misalignment or other mechanical defects which would affect the accuracy of the meter on a continuing or sporadic basis. Any defects affecting the meter's accuracy shall be noted and evaluated in the report of the test.
    SECTION 21. PSC 134.31 (4) is created to read:
    PSC 134.31 (4) Meter retention. (a) After a customer requested test. When a utility performs a customer-requested test on a customer's meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (b) After a referee test. When a utility performs a referee test on a customer's meter under sub. (2), the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (c) When performing other tests. When a utility tests a customer's meter for a reason other than those in sub (1) or (2), and the test results in back billing or a credit, the utility shall keep the tested meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after the back billing or credit is issued so that the meter is available should another meter test be requested. If a customer requests that the meter be retested, the utility shall keep the retested meter, in "as tested" condition, at a designated location on the utility's premises for at least 10 business days after the retest is completed and a written report about that test has been issued.
    (d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 134.17 or is notified about a dispute under s. PSC 134.064 involving a meter-related issue, the utility shall keep the meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (e) When a meter is retired. When a utility tests a meter for accuracy when retiring the meter from service and the test results indicate that no back bill or credit is due a customer, the utility may dispose of the meter immediately. When a utility retires a meter from service without testing it, the utility shall keep the meter, in "as found" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after it is retired so that the meter is available should a meter test be requested.
    SECTION 22. PSC 134.31 (6) is created to read:
    PSC 134.31 (6) Records retention requirements. A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 134.20 .
    SECTION 23. PSC 185.19 (1) is amended to read:
    PSC 185.19 (1) The A utility shall preserve the following records shall be preserved in a readable format and kept keep them available for inspection by the commission for the period indicated. The list is not to be taken as comprehending all types of utility records.
    Description of Record
    Period to be Retained
    (a) Maps showing the location and physical characteristics of the utility plant
    Until maps are superseded or 6 years after plant is retired, provided mortality data are retained
    (b) Engineering and original cost records in connection with construction projects
    Until records are superseded or 6 years after plant is retired, provided mortality data are retained. An exception is allowed when a utility maintains approved continuing property records; then, engineering and original cost records need only be preserved for a period of 6 years after construction is completed.
    (c) Operating records
    1. Station pumpage records
    15 years or 3 years after the source is abandoned, whichever is shorter
    2. Interruption records
    6 years
    3. Meter test records
    (See s. PSC 185.46) Until the information in the meter test record is entered in the meter history record and the meter is tested again
    4. Meter history record *
    Life of meter plus 6 years
    5. Annual meter accuracy summary
    10 6 years
    6. Pressure records
    6 years
    (d) Customer records:
    1. Complaint records
    3 years
    2. Customer deposit
    6 years after refund
    3. Meter reading sheets or cards records
    ** 6 years
    4. Billing record
    ** 6 years
    (e) Filed rates and rules
    Permanently
    * Where practicable shall be placed in mortality study before destroying.
    ** Where machine billing is used and meter readings recorded on tabulated cards, the register sheets may be considered to be "meter reading sheets" and the "billing records." Meter reading sheets and billing records or the register sheets shall be kept 6 years or until they are no longer needed to adjust bills. This means that the records shall be kept 6 years or from the date of one meter test to the next, whichever is longer.
    Note: See also "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" adopted by the commission in docket 2-U-5005, April 27, 1981, for a more comprehensive listing of retention periods of specific records.
    SECTION 24. PSC 185.46 (1) (title) is created to read:
    PSC 185.46 (1) (title) Meter test records.
    SECTION 25. PSC 185.46 (1) is repealed and recreated to read:
    PSC 185.46 (1) A utility shall create a record of a meter test whenever a meter is tested. If the meter is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:
    (a) Identification of the meter.
    (b) The meter's location.
    (c) The date of the test.
    (d) A statement of "as found" accuracies.
    (e) A statement of "as left" accuracies, when applicable.
    (f) The name of the person making the test.
    SECTION 26. PSC 185.46 (2) (title) is created to read:
    PSC 185.46 (2) (title) Meter history records.
    SECTION 27 . PSC 185.46 (2) is repealed and recreated to read:
    PSC 185.46 (2) Each utility shall keep a history record for each meter sufficient to fulfill the requirements of s. PSC 185.19 , including all of the following:
    (a) The date the meter was placed into service.
    (b) The information in all of the meter's test records under sub. (1).
    (c) The date the meter was retired from service.
    SECTION 28. PSC 185.73 (2) is amended to read:
    PSC 185.73 (2) Meters shall be tested Except as provided in s. PSC 185.46 , a utility shall test a meter "as found," or before repair (As Found) and , and, unless the meter must be retained under s. PSC 185.77 (3), "as left," or after repair (As Left) . (See s. PSC 185.46 for exceptions.)
    SECTION 29. PSC 185.73 (4) is amended to read:
    PSC 185.73(4) Meters A meter not meeting the accuracy or other requirements of s. PSC 185.61 or 185.65 shall , unless the meter must be retained under s. PSC 185.77 (3) , be repaired or rebuilt to meet those requirements before further use.
    SECTION 30. A note following PSC 185.76 (6) is created to read:
    PSC 185.76 (6) Note: But see PSC 185.77 (3) (d) that may require all retired meters to be tested.
    SECTION 31. A note following PSC 185.761 (2) is created to read:
    PSC 185.761 (2) Note: But see PSC 185.77 (3) (d) that may require all retired meters to be tested.
    SECTION 32. PSC 185.77 (title) is amended to read:
    PSC 185.77 Complaint Request and referee tests.
    SECTION 33. PSC 185.77 is renumbered 185.77 (1) and amended to read:
    PSC 185.77 (1) (title) Request tests . Each utility shall promptly make an accuracy test without charge of any metering installation upon request of the customer if 24 months or more have elapsed since the last complaint customer requested test of the meter in the same location. If less than 24 months have elapsed, an amount equal to one-half the estimated cost of the meter test shall be advanced to the utility by the customer. Said The amount shall be refunded if the test shows the meter to be over or under registering by more than 2 percent % . A report giving the results of such the test shall be made to the customer and a complete original test record shall be kept on file in the office of the utility. Upon request, the test shall be made in the presence of the customer during normal business hours. (See also s. PSC 185.35, Adjustment of bills.)
    SECTION 34 . PSC 185.77 (3) is created to read:
    PSC 185.77 (3) Meter retention. (a) Definitions. For purposes of this subsection, "as found" means retained, filled with water and capped without any other adjustments being made since the last test was performed.
    (b) After a customer requested test . When a utility performs a customer requested test on a customer's meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in "as found" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (b) After a referee test. When a utility or third party retests a customer's meter under sub. (2), the utility shall keep the tested meter, in "as found" condition, at a designated location on the utility's premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (c) When performing other tests. When a utility tests a customer's meter for a reason other than those in sub. (1) or (2) and the test results in a back bill or a credit, the utility shall keep the tested meter, in "as found" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the back bill or credit is issued so that the meter is available should another meter test be requested. If a customer requests that the meter be retested, the utility shall keep the retested meter, in "as found" condition, at a designated location on the utility's premises for at least 10 business days after the retest is completed and a written report about that test has been issued.
    (d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 185.42 or is notified about a dispute under s. PSC 185.39 involving a meter-related issue, the utility shall keep the meter, in "as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.
    (e) When a meter is retired. When a utility retires a meter from service and test results indicate that no back bill or credit is due a customer, the utility may dispose of the meter immediately. When a utility retires a meter from service without testing it, the utility shall keep the meter, in "as found" condition, at a designated location on the utility's premises for at least one full billing cycle plus 4 weeks after the date on which the meter is retired so that the meter is available should another meter test be requested.
    SECTION 35. PSC 185.77 (5) is created to read:
    PSC 185.77 (5) Record retention requirements. A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 185.19 .
    SECTION 36. PSC 185.78 and (title) are renumbered 185.77 (2) and (title).
    STATE OF WISCONSIN
    DEPARTMENT OF ADMINISTRATION
    DOA-2049 (R03/2012)
    Division of Executive Budget and Finance
    101 East Wilson Street, 10th Floor
    P.O. Box 7864
    Madison, WI 53707-7864
    FAX: (608) 267-0372
    ADMINISTRATIVE RULES
    Fiscal Estimate & Economic Impact Analysis
    1. Type of Estimate and Analysis
    X Original   Updated   Corrected
    2. Administrative Rule Chapter, Title and Number
    PSC 113 Service Rules for Electric Utilities
    PSC 134 Standards for Gas Service
    PSC 185 Standards for Water Public Utility Service
    3. Subject
    Retention of electric/gas/water meters after being tested due to a customer's request or after a commission-refereed test. Retention of meter testing records.
    4. Fund Sources Affected
    5. Chapter 20, Stats. Appropriations Affected
    GPR   FED   PRO   PRS   SEG   SEG-S
    6. Fiscal Effect of Implementing the Rule
    X No Fiscal Effect
    Indeterminate
    Increase Existing Revenues
    Decrease Existing Revenues
    Increase Costs
    Could Absorb Within Agency's Budget
    Decrease Cost
    7. The Rule Will Impact the Following (Check All That Apply)
    State's Economy
    Local Government Units
    X Specific Businesses/Sectors
    X Public Utility Rate Payers
    Small Businesses (if checked, complete Attachment A)
    8. Would Implementation and Compliance Costs Be Greater Than $20 million?
    Yes   X No
    9. Policy Problem Addressed by the Rule
    The commission has encountered several situations where meters were no longer available when initial or additional accuracy testing was requested. This rule ensures that meters initially tested for accuracy because of a customer's request are retained long enough that they are available for commission-referee testing. Further, it ensures that referee-tested meters are retained long enough for a customer to request an outside test. It also ensures that when meters are tested for other reasons and the test results in either a back-billing or a credit, the meters are retained long enough that they are available for referee testing. Finally, it establishes consistent retention periods for meter test records.
    10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
    All electric, gas and water utilities; Wisconsin Utilities Association; utility workers associations; Wisconsin Federation of Independent Business; Wisconsin Manufacturers and Commerce; Citizens Utility Board, League of Wisconsin Municipalities; Wisconsin Towns Association; Wisconsin Alliance of Cities; IBEW; Municipal Electric Utilities of Wisconsin; Wisconsin Rural Water Association; Wisconsin Water Association.
    11. Identify the local governmental units that participated in the development of this EIA.
    Municipalities with municipal gas, electric and/or water utilities and members of the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Alliance of Cities.
    12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
    In its comments the Wisconsin Utilities Association stated that while there may be costs to individual utilities, "the proposed rules will not adversely affect in any material way, the economy, a sector of the economy, productivity, jobs, or the competitiveness of this state." The water division of the Municipal Environmental Group stated that the requirement to test or retain meters could result in a significant economic impact, especially for a large utility undertaking a comprehensive meter replacement program. No specific financial impact figures were provided. Language changes were made to address this concern. Further, there is a provision that allows a utility to ask for a "waiver" in exceptional circumstances. A utility doing a comprehensive meter replacement could file such a petition.
    13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
    Implementing this rule will help ensure that meter accuracy is adequately confirmed and will help ensure that billing for utility service is accurate. It should help prevent lingering questions and uncertainty about meter accuracy. Alternatives to implementing this rule are to not implement it or to adopt different retention periods. However, these retention periods were chosen so that customers will have the opportunity to receive another bill before deciding whether to request additional testing.
    14. Long Range Implications of Implementing the Rule
    This rule will ensure that meters remain available long enough for testing to be requested. This will help ensure that meter accuracy is adequately confirmed and will help ensure that billing for utility service is accurate. It should help prevent lingering questions and uncertainty about meter accuracy.
    15. Compare With Approaches Being Used by Federal Government
    There are no federal laws on this issue.
    16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
    Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them.
    Retention periods for meter testing records vary among surrounding states, although the general format is the same. Records from an individual meter test must be retained for a period of time after the results are recorded in a history record that contains a wide variety of information about a particular meter, including all of the test results for that meter. That history record is retained for a longer period of time. The proposed rule requires utilities to retain an individual test record until it is recorded in the meter history record and the meter is tested again. The meter history record must be kept for the life of the meter, plus 6 years. Six years was chosen because it is the general statute of limitations for consumer issues.
    Minnesota, Iowa and Illinois require that initial test records be kept for at least three years, while Michigan requires that they be kept for at least two years. In Minnesota, such records must be kept longer if necessary to permit compliance with commission rules. In Michigan, they must be kept longer, if necessary, to comply with rules regarding refunds on fast meters. In Illinois, meter history records need only be kept for three years. In Michigan and Minnesota, they must be kept for the life of the meter.
    17. Contact Name
    18. Contact Phone Number
    Lisa Farrell
    608-267-9086
    This document can be made available in alternate formats to individuals with disabilities upon request.
    Notice of Hearing
    Safety and Professional Services
    Professional Services, Chs. 1—299
    NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a) and 440.03 (7m) , Wis. Stats., interpreting s. 440.08 (2) (a) 38g. , Wis. Stats., the Department will hold a public hearing at the time and place indicated below to consider an order to amend s. SPS 132.05 , relating to the biennial renewal dates of home inspectors.
    Hearing Information
    Date:   Monday, June 3, 2013
    Time:  
    10:00 a.m.
    Location:
      1400 East Washington Avenue
      Room 121
      Madison, WI
    Appearances at the Hearing
    Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
    Place where Comments Are to be Submitted and Deadline for Submission
    Comments may be submitted to Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov . Comments must be received (at or before the public hearing to be held on June 3, 2013, to be included in the record of rule-making proceedings.
    Copies of Rule
    Copies of this proposed rule are available upon request to Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at Shancethea. Leatherwood@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .
    Analysis Prepared by the Department of Safety and Professional Services
    Statutes interpreted
    Section 440.08 (2) (a) 38g. , Stats.
    Statutory authority
    Sections 227.11 (2) (a) and 440.03 (7m) , Stats.
    Explanation of agency authority
    The Department is empowered to promulgate rules interpreting the provision of any statute it enforces or administers pursuant to s. 227.11 (2) (a) , Stats. The Department is further authorized by s. 440.03 (7m) , Stats., to establish rules regarding credential renewal. Section 440.08 (2) 38g., Stats., is administered by the Department and sets forth the renewal period and fee for home inspectors. Therefore the Department is authorized both generally and specifically to promulgate these proposed rules.
    Related statute or rule
    None.
    Plain language analysis
    The sole purpose of this proposed rule is to correct an inconsistency regarding the renewal date for home inspectors. Currently, Wis. Admin. Code s. SPS 132.05 (1) states the renewal date for home inspectors is January 1, of each odd-numbered year. Section 440.08 (2) 38g., Stats., states that the renewal date is December 15 of each even-numbered year. The statute is controlling. Therefore, the proposed rule seeks to correct Wis. Admin. Code s. SPS 132.05 (1) to reflect the correct date. There are no new policies proposed by the rule.
    Summary of, and comparison with, existing or proposed federal regulation
    None.
    Comparison with rules in adjacent states
    Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012).
    Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa.
    Michigan: There are no specific renewal dates for home inspectors in Michigan.
    Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.
    Summary of factual data and analytical methodologies
    None.
    Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
    This rule will not have any effect on small businesses as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at Greg.Gasper@wisconsin.gov or by calling (608) 266-8608.
    Fiscal Estimate and Economic Impact Analysis
    The Fiscal Estimate and Economic Impact Analysis are attached.
    Initial Regulatory Flexibility Analysis or Summary
    None.
    Environmental Assessment/Statement
    None.
    Agency Contact Person
    Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 261-4438; email at Shancethea.Leatherwood@wisconsin.gov .
    STATE OF WISCONSIN
    DEPARTMENT OF ADMINISTRATION
    DOA-2049 (R03/2012)
    Division of Executive Budget and Finance
    101 East Wilson Street, 10th Floor
    P.O. Box 7864
    Madison, WI 53707-7864
    FAX: (608) 267-0372
    ADMINISTRATIVE RULES
    Fiscal Estimate & Economic Impact Analysis
    1. Type of Estimate and Analysis
    X Original   Updated   Corrected
    2. Administrative Rule Chapter, Title and Number
    165-SPS 132.05
    3. Subject
    Home Inspector Biennial registration
    4. Fund Sources Affected
    5. Chapter 20, Stats. Appropriations Affected
    GPR   FED   X PRO   PRS   SEG   SEG-S
    6. Fiscal Effect of Implementing the Rule
    No Fiscal Effect
    Indeterminate
    Increase Existing Revenues
    Decrease Existing Revenues
    Increase Costs
    X Could Absorb Within Agency's Budget
    Decrease Cost
    7. The Rule Will Impact the Following (Check All That Apply)
    State's Economy
    Local Government Units
    Specific Businesses/Sectors
    Public Utility Rate Payers
    Small Businesses (if checked, complete Attachment A)
    8. Would Implementation and Compliance Costs Be Greater Than $20 million?
    Yes   X No
    9. Policy Problem Addressed by the Rule
    The proposed rule seeks to correct the biennial renewal date currently within s. SPS 132.05 (1) by substituting January 1 of each odd numbered year with December 15 of each even –numbered year.
    10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
    This proposed rule was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business, local governmental units, or individuals contacted the department about the proposed rule during that time period.
    11. Identify the local governmental units that participated in the development of this EIA.
    No local governmental units participated in the development of this EIA.
    12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
    This rule will have no economic or fiscal impact on specific business, business sectors, public utility rate payers, local government units or the state's economy as a whole.
    13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
    The benefit of implementing the rule is providing the correct information regarding the home inspector biennial registration date in a manner in which licensees may find the information with ease.
    14. Long Range Implications of Implementing the Rule
    Correctly stating information regarding home inspector biennial renewal date.
    15. Compare With Approaches Being Used by Federal Government
    None
    16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
    Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012).
    Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa.
    Michigan: There are no specific renewal dates for home inspectors in Michigan.
    Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.
    17. Contact Name
    18. Contact Phone Number
    Shawn Leatherwood
    608-261-4438
    This document can be made available in alternate formats to individuals with disabilities upon request.
    Notice of Hearing
    Safety and Professional Services —
    Veterinary Examining Board
    NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b) , 227.11 (2) (a) and 453.03 (1) , Wis. Stats., and interpreting s. 453.03 (1) , Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. VE 1.02 (9) and 7.02 (3) (d) ; to renumber s. VE 1.02 (10m) , (11) , and (11m) ; renumber and amend s. VE 1.02 (10) ; to amend ss. VE 1.02 (3) , 7.01 (1) , 7.02 (3) (a) , (4) (c) , (8) (c) , and 7.03 (1) ; to repeal and recreate s. VE 7.03 (2) and (3) ; and to create ss. VE 1.02 (3m) , 7.03 (4) , 7.06 (24) , (25) , and (26) , and 9.05 (13) , relating to standards of practice and unprofessional conduct of veterinarians and certified veterinary technicians.
    Hearing Information
    Date:   Wednesday, May 29, 2013
    Time:  
    10:30 a.m.
    Location:
      1400 East Washington Avenue
      Room 121A
      Madison, WI
    Appearances at the Hearing
    Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
    Place where Comments are to be Submitted and Deadline for Submission
    Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov . Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.
    Copies of Rule
    Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood@ wisconsin.gov .
    Analysis Prepared by the Department of Safety and Professional Services
    Statutes interpreted
    Section 453.03 (1) , Stats.
    Statutory authority
    Sections 15.08 (5) (b) , 227.11 (2) (a) , and 453.03 (1) , Stats.
    Explanation of agency authority
    Examining boards are generally authorized by ss. 15.08 (5) (b) , and 227.11 (2) (a) , Stats., to promulgate rules for their own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Section 453.03 (1) , Stats., specifically authorizes the Veterinary Examining Board to draft rules relating to current practice within the profession. Therefore, the Veterinary Examining Board is authorized both generally and specifically to draft these rules.
    Related statute or rule
    Wisconsin Admin. Code section VE 1.02 and Chapters VE 7 , 8 , and 9
    Plain language analysis
    The Veterinary Examining Board is mandated by s. 453.03 (1) , Stats., to review its rules once every 5 years for the purpose of bringing the rules into conformity with current practices within the Veterinarian profession. In so doing, the Board has taken this opportunity to draft provisions covering various topics in its rules. The topics include defining terms such as surgery and advertising, and delineating the information that should be in a patient's records. With regard to patient records the proposed rule specifically proposes to amend ss. VE 7.03 (1) , (2) , and (3) to reflect items required in the patient records for small animals, farm animals, and equine patients. The proposed rule also gives consideration to advertising as a specialist when one is not properly credentialed to do so.
    Summary of, and comparison with, existing or proposed federal regulation
    None.
    Comparison with rules in adjacent states
    Illinois:
    Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50 Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient.
    Iowa:
    Iowa's statutes and administrative rules are silent as to the requirements for medical records.
    Michigan:
    Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921 The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination. Michigan statutes and administrative rules are silent on advertising requirements for Veterinary professionals.
    Minnesota:
    Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. M inn . r. 9100.08000 subp. 4
    Summary of factual data and analytical methodologies
    The Veterinary Examining Board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
    Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
    The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
    Fiscal Estimate and Economic Impact Analysis
    The Fiscal Estimate and Economic Impact Analysis are attached.
    Initial Regulatory Flexibility Analysis or Summary
    None.
    Environmental Assessment/Statement
    None.
    Agency Contact Person
    Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at Shancethea.Leatherwood@wisconsin.gov .
    STATE OF WISCONSIN
    DEPARTMENT OF ADMINISTRATION
    DOA-2049 (R03/2012)
    Division of Executive Budget and Finance
    101 East Wilson Street, 10th Floor
    P.O. Box 7864
    Madison, WI 53707-7864
    FAX: (608) 267-0372
    ADMINISTRATIVE RULES
    Fiscal Estimate & Economic Impact Analysis
    1. Type of Estimate and Analysis
    X Original   Updated   Corrected
    2. Administrative Rule Chapter, Title and Number
    VE 1.02, 7, 8, 9
    3. Subject
    Standards of practice and unprofessional conduct of veterinarians and veterinarian technicians
    4. Fund Sources Affected
    5. Chapter 20, Stats. Appropriations Affected
    GPR   FED   X PRO   PRS   SEG   SEG-S
    20.165 (1) (g)
    6. Fiscal Effect of Implementing the Rule
    No Fiscal Effect
    Indeterminate
    Increase Existing Revenues
    Decrease Existing Revenues
    Increase Costs
    X Could Absorb Within Agency's Budget
    Decrease Cost
    7. The Rule Will Impact the Following (Check All That Apply)
    State's Economy
    Local Government Units
    Specific Businesses/Sectors
    Public Utility Rate Payers
    Small Businesses (if checked, complete Attachment A)
    8. Would Implementation and Compliance Costs Be Greater Than $20 million?
    Yes   X No
    9. Policy Problem Addressed by the Rule
    This rule does not present a policy problem. The goal of the proposed rule is to modernize outdated provisions in the Veterinary Examining Board's administrative code in order to create consistency between the code as it now exists and current veterinary practice. The proposed rule accomplishes this goal by (1) defining specific terms such as client and surgery, (2) clarifying provisions regarding unprofessional conduct, and (3) enumerating the information that must be contained in individual patient's medical records in s. VE7.03 (2) and VE 7.03 (3).
    10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
    The proposed rule will primarily affect licensed veterinarians and licensed veterinary technicians. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
    11. Identify the local governmental units that participated in the development of this EIA.
    No local governmental units participated in the development of this EIA.
    12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
    This proposed will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
    13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
    The main benefit of implementing the proposed rule is to bring relevant Wis. Admin .Code into conformity with current practice within the profession.
    14. Long Range Implications of Implementing the Rule
    This rule will provide greater guidance to licensed veterinarians and licensed veterinary technicians in maintaining the ethical standards within their profession.
    15. Compare With Approaches Being Used by Federal Government
    N/A
    16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
    Illinois:
    Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50. Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient.
    Iowa:
    Iowa's statutes and administrative rules are silent as to the requirements for medical records.
    Michigan:
    Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921. The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination.
    Minnesota:
    Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. M inn . r. 9100.08000 subp. 4
    17. Contact Name
    18. Contact Phone Number
    Shawn Leatherwood
    608-261-4438
    This document can be made available in alternate formats to individuals with disabilities upon request.
    Notice of Hearing
    Safety and Professional Services —
    Veterinary Examining Board
    NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b) , 227.11 (2) (a) , and 453.03 (1) , Wis. Stats., and interpreting s. 453.03 (1) , Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. VE 2.04 and 3.05(1) (a) ; to renumber s. VE 5.03 (1) (e) ; to renumber and amend s. VE 3.05 (1) (b) ; to amend ss. VE 3.01 (2) , 3.05 (5) , and 4.01 (2) (a) and (3) ; and to create s. VE 5.03 (1) (b) , relating to licensure, temporary permits, and examinations.
    Hearing Information
    Date:   Wednesday, May 29, 2013
    Time:  
    10:00 a.m.
    Location:
      1400 East Washington Avenue
      Room 121
      Madison, WI
    Appearances at the Hearing
    Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
    Place where Comments are to be Submitted and Deadline for Submission
    Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov . Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.
    Copies of Rule
    Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood@wisconsin.gov .
    Analysis Prepared by the Department of Safety and Professional Services
    Statutes interpreted
    Section 453.03 (1) , Stats.
    Statutory authority
    Sections 15.08 (5) (b) , 227.11 (2) (a) , and 453.03 (1) , Stats.
    Explanation of agency authority
    Examining boards are generally authorized by ss. 15.08 (5) (b) , and 227.11 (2) (a) , Stats., to promulgate rules for its own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Section 453.03 (1) , Stats. specifically authorizes the Veterinary Examining Board to draft rules, "relating to licensure qualification, denial of a license, certificate or temporary permit, unprofessional conduct and disciplinary proceedings." Therefore the Veterinary Examining Board is authorized both generally and specifically to draft these rules.
    Related statute or rule
    Wisconsin Admin. Code chapters VE 2, 3, 4, 5, and 6.
    Plain language analysis
    This proposed rule draft addresses several problems. First, the proposed rule eliminates the provision that allows applicants who failed their examination to review the exam. Now that the test is administered electronically, an applicant may retake the test at any time. Since the exam may be taken more frequently, it is not feasible for the Department to provide the materials for the review process. Second, the proposed rule would remove an outdated reference to November 1 st in s. VE 3.05 (1) . Third, the rule will adjust the hours necessary to qualify for licensure by endorsement allowing greater access to veterinarians who wish to practice in Wisconsin. Fourth, the proposed rule updates language concerning temporary permits. Lastly, the proposed rule will add a provision requiring applicants for post graduate training permits to submit evidence that he or she has received a degree from a school of veterinary medicine or its equivalent.
    Summary of, and comparison with, existing or proposed federal regulation
    None
    Comparison with rules in adjacent states:
    Illinois: Illinois repealed its regulations regarding temporary permits. Applicants seeking licensure by endorsement must certify from the licensing authority in each jurisdictions in which the applicant has ever been licensed or is currently licensed: (1) the time during which the applicant was licensed, (2) whether the file on the applicant contains any record of disciplinary actions taken or pending and (3) a brief description of the examination and the grades received. Applicants must also certify that they have graduated from an approved program of veterinary medicine and surgery ILL Admin. Code tit.68 Title §1500.30 (2012)
    Iowa: A temporary educational permit is issued to applicants that are currently in an internship or residency training program at Iowa State University College of Veterinary . Iowa Admin. Code r. 811-9.1 (169) (2012). Iowa also issues a temporary in-state practice permit to, "a person who has (1) graduated from an AVMA-accredited or AVMA-listed school of veterinary medicine or has received an ECFVG or PAVE certificate. [and] (2) Is licensed in good standing in another jurisdiction." Iowa Admin. Code r.811-9.1 (2) (2012)
    A license by endorsement is issued in Iowa if the applicant: " (a) has graduated from an accredited college of veterinary medicine or has received a certificate from the educational commission for foreign veterinary graduates at least five years prior to application, (b) Has actively practiced for a least two thousand hours during the five years preceding application, (c) has not previously failed and not subsequently passed a veterinary licensing examination in [Iowa], (d) holds a current license to practice veterinary medicine in another state or United Sates territory or province of Canada, [and] (e) is not subject to license investigation, suspension, or revocation in any state, United States territory or province of Canada." Iowa Code § 169.10 (2013) .
    Michigan: The Michigan Board of Veterinary Medicine issues a license by endorsement to persons who have, "graduated from a board-approved veterinary college or obtained a certificate or obtained a certificate from the educational commission for foreign veterinary graduates of the American veterinary medical association." Mich. Admn. Code r.338.4906 (2012). An internet search of Michigan laws did not reveal any provisions regarding temporary permits.
    Minnesota: Minnesota may issue without examination a temporary permit to practice veterinary medicine to a person, "who has submitted an application approved by the board for license pending examination, and holds a doctor of veterinary medicine degree or an equivalent degree from an approved or accredited college of veterinary medicine or an ECFVG or PAVE certification. The temporary permit shall expire the day after publication of the notice of results of the first examination given after the permit is issued. No temporary permit may be issued to any applicant who has previously failed the national examination and is currently not licensed in any licensing jurisdiction of the United States or Canada or to any person whose license has been revoked or suspended or who is currently subject to a disciplinary order in any licensing jurisdiction of the United States or Canada." Minn. Stat. § 156.073 . An internet search of Minnesota statutes and rules did not reveal any provisions regarding license by endorsement.
    Summary of factual data and analytical methodologies
    The Veterinary Examining Board ensures that the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
    Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
    The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
    Fiscal Estimate and Economic Impact Analysis
    The Fiscal Estimate and Economic Impact Analysis are attached.
    Initial Regulatory Flexibility Analysis or Summary
    None.
    Environmental Assessment/Statement [if required]
    None.
    Agency Contact Person
    Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 261-4438; email at Shancethea.Leatherwood@wisconsin.gov .
    STATE OF WISCONSIN
    DEPARTMENT OF ADMINISTRATION
    DOA-2049 (R03/2012)
    Division of Executive Budget and Finance
    101 East Wilson Street, 10th Floor
    P.O. Box 7864
    Madison, WI 53707-7864
    FAX: (608) 267-0372
    ADMINISTRATIVE RULES
    Fiscal Estimate & Economic Impact Analysis
    1. Type of Estimate and Analysis
    X Original   Updated   Corrected
    2. Administrative Rule Chapter, Title and Number
    VE 2, 3, 4, 5, 6
    3. Subject
    Licensure, temporary permits and examinations
    4. Fund Sources Affected
    5. Chapter 20, Stats. Appropriations Affected
    GPR   FED   X PRO   PRS   SEG   SEG-S
    20.165 (1) (g)
    6. Fiscal Effect of Implementing the Rule
    No Fiscal Effect
    Indeterminate
    Increase Existing Revenues
    Decrease Existing Revenues
    Increase Costs
    X Could Absorb Within Agency's Budget
    Decrease Cost
    7. The Rule Will Impact the Following (Check All That Apply)
    State's Economy
    Local Government Units
    Specific Businesses/Sectors
    Public Utility Rate Payers
    Small Businesses (if checked, complete Attachment A)
    8. Would Implementation and Compliance Costs Be Greater Than $20 million?
    Yes   X No
    9. Policy Problem Addressed by the Rule
    This proposed rule draft addresses several problems. First, the proposed rule eliminates the provision that allows applicants who failed their examination to review the exam. Now that the test is administered electronically, an applicant may retake the test at any time. Since the exam may be taken more frequently, it is not feasible for the Department to provide the materials for the review process. Second, the proposed rule would remove an outdated reference to November 1, 2000, in s. VE 3.05 (1) (b). Third, the rule will adjust the hours necessary to qualify for licensure by endorsement allowing greater access to veterinarians who wish to practice in Wisconsin. Fourth, the proposed rule updates language concerning temporary permits. Fifth, a provision has been added that allows applicants a 10 month window between the time they graduated from school and the applicant's examination period for the North American Licensing Veterinary Examination. Lastly, the proposed rule will add a provision requiring applicants for post graduate training permits to submit evidence that he or she has received a degree from a school of veterinary medicine or its equivalent.
    10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
    The proposed rule will primarily affect licensed veterinarians and licensed veterinary technicians. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
    11. Identify the local governmental units that participated in the development of this EIA.
    No local governmental units participated in the development of this EIA.
    12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
    The proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
    13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
    The main benefit of this rule is to allow greater access for veterinary applicants to obtain temporary permits.
    14. Long Range Implications of Implementing the Rule
    Providing greater guidance to veterinarians and veterinary technicians in maintaining standards within their profession.
    15. Compare With Approaches Being Used by Federal Government
    N/A
    16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
    Illinois: Illinois repealed its regulations regarding temporary permits. Applicants seeking licensure by endorsement must certify from the licensing authority in each jurisdictions in which the applicant has ever been licensed or is currently licensed: (1) the time during which the applicant was licensed, (2) whether the file on the applicant contains any record of disciplinary actions taken or pending and (3) a brief description of the examination and the grades received. Applicants must also certify that they have graduated from an approved program of veterinary medicine and surgery. ILL Admin. Code tit.68 Title §1500.30 (2012)
    Iowa : A temporary educational permit is issued to applicants that are currently in an internship or residency training program at Iowa State University College of Veterinary Medicine. Iowa Admin. Code r. 811-9.1(1) (169) (2012). Iowa also issues a temporary in-state practice permit to, "a person who has (1) graduated from an AVMA-accredited or AVMA-listed school of veterinary medicine or has received an ECFVG or PAVE certificate. [and] (2) Is licensed in good standing in another jurisdiction." Iowa Admin. Code r.811-9.1 (2) (2012).
    Michigan: The Michigan Board of Veterinary Medicine issues a license by endorsement to persons who have, "graduated from a board-approved veterinary college or obtained a certificate or obtained a certificate from the educational commission for foreign veterinary graduates of the American veterinary medical association." Mich. Admn. Code r.338.4906 (2012). An internet search of Michigan laws did not reveal any provisions regarding temporary permits.
    Minnesota: Minnesota may issue, without examination, a temporary permit to practice veterinary medicine to a person, "who has submitted an application approved by the board for license pending examination, and holds a doctor of veterinary medicine degree or an equivalent degree from an approved or accredited college of veterinary medicine or an ECFVG or PAVE certification. The temporary permit shall expire the day after publication of the notice of results of the first examination given after the permit is issued No temporary permit may be issued to any applicant who has previously failed the national examination and is currently not licensed in any licensing jurisdiction of the United States or Canada or to any person whose license has been revoked or suspended or who is currently subject to a disciplinary order in any licensing jurisdiction of the United States or Canada." Minn. Stat. §156.073. An internet search of Minnesota statutes and rules did not reveal any provisions regarding licensure by endorsement
    17. Contact Name
    18. Contact Phone Number
    Shawn Leatherwood
    608-261-4438
    This document can be made available in alternate formats to individuals with disabilities upon request.