CR 13-092  

  • Submittal of Proposed Rules to Legislative
    Council Clearinghouse
    Please check the Bulletin of Proceedings — Administrative Rules
    for further information on a particular rule.
    Employment Relations Commission
    The Wisconsin Employment Relations Commission hereby provides notice that on October 15, 2013, it submitted proposed administrative rules to create Chapters ERC 70 , 71 , and 80 regarding annual certification elections to the Rules Clearinghouse.
    The scope statement for this rule, SS 045-13 , was approved by the Governor on April 19, 2013 , published in Register No. 689 on May 14, 2013 , and approved by the Wisconsin Employment Relations Commission on June 3, 2013.
    Agency Procedure for Promulgation
    A public hearing is required and will be held November 19, 2013.
    Contact Person
    Peter Davis
    (608) 243-2421
    Natural Resources
    Environmental Protection — Air Pollution Control,
    Chs. 400—
    (DNR # AM-19-13)
    On October 8, 2013, the Department of Natural Resources Submitted to the Rules Clearinghouse a proposed rule order to revise Subch. III of ch. NR 446 , relating to control of mercury emissions from coal-fired electric generating units (EGUs).
    The statement of scope for this rule, SS 050-13 , was approved by the Governor on May 1, 2013 , published in Register No. 689 on May 14, 2013 , and approved by the Natural Resources Board on June 26, 2013.
    Agency Procedure for Promulgation
    Date of Public Hearing: November 12, 2013.
    Contact Information
    Linda Haddix — Legal Services, (608) 266-1959.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule revising Chapter PI 21 to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule repeals ss. PI 21.01 (Note), 21.04 (4) (Note), and 21.05 (1) (Note), (2), and (2) (Note); amends s. PI 21.04 (intro) ; and repeals and recreates s. PI 21.04 (4) , relating to driver education programs.
    The scope statement for this rule, SS 071-13 , was published in Register No. 691 on July 14, 2013 , and approved by State Superintendent Tony Evers on July 24, 2013. Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (e) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule and fiscal estimate are published in the notice section of the Administrative Register and the required petition is not received by the agency within 30 (thirty) days after publication of the notice.
    Thus, the proposed rule will be promulgated without public hearing unless a petition is received by the agency within 30 (thirty) days after publication of this notice. The petition must be signed by any of the following:
    1.   Twenty-five natural persons who will be affected by the proposed rule.
    2.   A municipality that will be affected by the proposed rule.
    3.   An association which is representative of a farm, labor, business, or professional group that will be affected by the proposed rule.
    The Division for Learning Support within the Department of Public Instruction is primarily responsible for promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule repeals Chapter PI 29 , relating to the grants for Preschool Through Grade 5 programs.
    The scope statement for this rule, SS 058-13 , was published in Register No. 690 on June 14, 2013 , and approved by State Superintendent Tony Evers on June 27, 2013 . Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (b) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.
    The Division for Student and School Success within the Department of Public Instruction is primarily responsible for the promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule repeals Chapter PI 31 , relating to grants for STEM programs.
    The scope statement for this rule, SS 095-13 , was published in Register No. 692 on August 14, 2013 , and approved by State Superintendent Tony Evers, on August 27, 2013 . Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (b) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.
    The Division for Academic Excellence within the Department of Public Instruction is primarily responsible for the promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule repeals ss. PI 32.01 (4) (Note), 32.03 (2) (intro) (Note), (4) (a) (Note), and 32.05; and amends ss. PI 32.01 (4) and 32.03 (2) (intro) and (4) (a) , relating to grants for alcohol and other drug abuse programs.
    The scope statement for this rule, SS 072-13 , was published in Register No. 691 on July 14, 2013 , and approved by State Superintendent Tony Evers on July 24, 2013 . Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (e) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule and fiscal estimate are published in the notice section of the Administrative Register and the required petition is not received by the agency within 30 (thirty) days after publication of the notice.
    Thus, the proposed rule will be promulgated without public hearing unless a petition is received by the agency within 30 (thirty) days after publication of this notice. The petition must be signed by any of the following:
    1.   Twenty-five natural persons who will be affected by the proposed rule.
    2.   A municipality that will be affected by the proposed rule.
    3.   An association which is representative of a farm, labor, business, or professional group that will be affected by the proposed rule.
    The Division for Learning Support within the Department of Public Instruction is primarily responsible for promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule repeals Chapter PI 33 , relating to Grants for Nursing Services.
    The scope statement for this rule, SS 073-13 , was published in Register No. 691 on July 14, 2013 , and approved by State Superintendent Tony Evers on July 24, 2013 . Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (b) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.
    The Division for Learning Support within the Department of Public Instruction is primarily responsible for the promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Public Instruction
    On October 8, 2013, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The proposed rule amends section PI 34.35 (1) (c) , relating to the definition of immoral conduct.
    The scope statement for this rule, SS 053-13 , was published in Register No. 689 on May 31, 2013, and approved by State Superintendent Tony Evers on June 10, 2013 . Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al. , Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
    Agency Procedure for Promulgation
    The rules are being adopted under s. 227.16 (2) (b) , Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.
    The Division for Academic Excellence within the Department of Public Instruction is primarily responsible for promulgation of this rule.
    Contact Information
    If you have questions regarding this rule, you may contact Katie Schumacher, Administrative Rules Coordinator, at katie.schumacher@dpi.wi.gov or (608) 267-9127.
    Safety and Professional Services —
    Joint Board of Professional Geologists, Hydrologists and Soil Scientists
    On October 14, 2013, the Joint Board of Professional Geologists, Hydrologists and Soil Scientists submitted a proposed rule to the Legislative Council Rules Clearinghouse.
    The rule is not subject to s. 227.135 (2) , Stats., as affected by 2011 Wis. Act 21 . The scope statement for this rule was published in Register No. 537 on October 1, 2000 , and approved by the Joint Board of Professional Geologists, Hydrologists and Soil Scientists on September 7, 2000.
    Analysis
    Statutory Authority: ss. 15.08 (5) (b) , 227.11 (2) , and 470.03 (2) , Stats.
    This proposed rule-making order amends ss. GHSS 1.01 , 1.02 , 2.02 (Note), 2.03 (10) (Note), 2.05 (title), 3.02 (Note), 3.05 (title), 3.06 (10) (Note), 4.02 (Note), 4.05 (title), and 4.06 (10) (Note); repeal and recreate s. GHSS 1.05 ; and create s. GHSS 1.055 and ch. GHSS 6 , relating to continuing education requirements for professional geologists, hydrologists, and soil scientists.
    Agency Procedure for Promulgation
    A public hearing is required and will be held on November 20, 2013, at 9:00 a.m. at 1400 East Washington Avenue, Room 121, Madison, Wisconsin (enter at 55 North Dickinson Street).
    Contact Person
    Jean MacCubbin, Department of Safety and Professional Services, Division of Policy Development
    Phone: (608) 266-0955
    Safety and Professional Services —
    Medical Examining Board
    On October 14, 2013, the Medical Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
    The scope statement for this rule was published in Register No. 636 on December 14, 2008 , and was sent to the LRB prior to the effective date of 2011 Wis. Act 21 .
    Analysis
    Statutory Authority: ss. 15.08 (5) (b) , 227.11 (2) (a) , 448.05 (2) , and 448.40 (1) , Stats. This proposed rule-making order revises s. Med 1.02 (2) and relates to applicants for medical licensure to provide to the Medical Examining Board verified copies of their diplomas.
    Agency Procedure for Promulgation
    A public hearing is required and will be held on November 20, 2013, at 1400 East Washington Avenue, Room 121A, Madison, Wisconsin (enter at 55 North Dickinson Street).
    Contact Person
    Shawn Leatherwood, Department of Safety and Professional Services, Division of Policy Development
    Phone: (608) 261-4438