CR_14-039 Repeals Chapter ATCP 104, relating to leaf tobacco, buying and selling.

Prohibited rental agreement provisions

The current rule describes provisions that a landlord is prohibited from placing in a rental agreement, such as:

•   Authorizing eviction by other than judicial procedure.

•   Acceleration of rent payments if tenant breaches obligations.

•   Requiring the tenant to pay landlord's attorney's fees in the event of a dispute.

•   Authorizing landlord to confess judgment against the tenant.

•   Relieving the landlord from liability for damage or injury caused by negligent acts or omissions of the landlord.

•   Imposing liability on the tenant for personal injury arising from causes clearly beyond the tenant's control.

•   Waive obligation on the part of the landlord to deliver and maintain the premises in fit or habitable condition.

Act 143 created and Act 76 revised portions of s. 704.44 , Stats., which describe prohibited rental agreement provisions that are similar, but not identical, to provisions in the current rule. In addition, Act 143 created two new prohibited rental agreement provisions — allowing the landlord to do certain things because a tenant contacted law enforcement, health, or safety services; or allowing the landlord to terminate the tenancy if a crime is committed on the rental property. Act 76 refined this particular prohibition to clarify that it apply to a termination of tenancy based solely on the commission of a crime. Act 76 also adds an additional prohibition against rental provisions that allow termination for a crime committed in relation to the rental property and the rental agreement did not include the notice requirement relating to certain domestic abuse protections.

Further, Act 143 states that the entire rental agreement is void and unenforceable if it contains any of the prohibited provisions. The current rule does not have such a provision, but instead relies on a test established by the courts to determine whether the entire rental agreement is void based on the inclusion of a prohibited provision.

This rule revises the prohibition on certain rental agreement provisions so that the rule is identical to the new statute. This rule also incorporates the provision in s. 704.44 , Stats., that declares the entire rental agreement is void and unenforceable if it contains any of the prohibited rental agreement provisions.

Confiscating personal property left behind by the tenant

The current rule prohibits the landlord from confiscating the tenant's personal property except as authorized by law or in accordance with a written lien agreement. The current rule also prescribes the form and manner in which the landlord and tenant may execute the lien agreement.

Act 143 created and Act 76 revised s. 704.05 (5) , Stats., which allows a landlord to dispose of personal property left behind by the tenant at the landlord's discretion, as long as certain conditions are met. For example, there must not be a written agreement to the contrary, and the landlord must provide notice to the tenant of his or her intent not to store the property before the tenant enters into or renews a rental agreement.

This rule amends the current rule to more closely align with s. 704.11 , Stats. It also replaces references to a written lien agreement with a more general written agreement. As with the current rule, this rule prescribes certain requirements and limitations on any agreement allowing the landlord to seize or hold a tenant's personal property.

Small Businesses Affected

The current rule and the proposed rule regulate transactions between landlords and tenants. Many landlords are small businesses. However, this proposed rule does not have any effect on any small business. The proposed rule does not change the duties and responsibilities of landlords in relation to their tenants. Instead, the proposed rule states the duties and responsibilities of the landlord and eliminates inconsistencies between the ch. 704 , Stats., and ch. ATCP 134 , Wis. Admin. Code.

Reporting, Bookkeeping, and other Procedures

The proposed rule does not create any new reporting, bookkeeping or other procedures for small businesses.

Professional Skills Required

The proposed rule does not require any new professional skills by small businesses.

Accommodation for Small Business

Many of the businesses affected by this rule are "small businesses." For the most part, this rule does not make special exceptions for "small businesses". The nature of the subject matter does not lend itself to differentiating between types of businesses.

Conclusion

This rule will not have a significant adverse effect on "small business," and is not subject to the delayed "small business" effective date provided in s. 227.22 (2) (e) , Stats.

DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 134, Residential Rental Practices
Subject
Residential Rental Practices
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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 Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The department enacted ch. ATCP 134, Wis. Adm. Code, in 1980 and the rule was revised in 1998. The existing rule regulates rental transactions between landlords and residential tenants as follows: • Requires the landlord to provide to the tenant before entering into the rental agreement copies of the rental agreement and a receipt for any earnest money or security deposits that the tenant has paid to the landlord. • Requires the landlord to disclose to the tenant before entering into the rental agreement the names and addresses of the owners and managers, code violations and other conditions affecting habitability, and any utility charges that the tenant may be required to pay. • Prescribes procedures for accepting and withholding earnest money fees and credit check fees. • Prescribes procedures for handling security deposits. • Prescribes procedures for promises to repair. • Prohibits a landlord from including in rental agreements provisions that do the following: • Authorize unlawful eviction. • Accelerate rent payments in event of tenant default. • Require the tenant to pay attorney's fees. • Authorize the landlord to enter a plea in a court action on behalf of the tenant in which the tenant agrees to accept a judgment against the tenant. • Relieve the landlord from liability for property damage or personal injury caused by the landlord. • Impose liability on the tenant for property damage or personal injury not caused by the tenant. • Waive statutory or legal obligations of the landlord. • Prohibits a landlord from: • Advertising or renting condemned premises. • Unauthorized entries. • Automatically renewing a lease without notice. • Unlawfully confiscating personal property. • Engaging in retaliatory or self-help eviction. • Charging late rental fees and other penalties not set out in the lease. • Misrepresenting the dwelling units offered or the amount of all rent and non-rent charges. • Failing to disclose all non-rent charges in connection with the representation of any rent amount. 2011 Wisconsin Act 143 was enacted on March 21, 2012. Act 143 made changes to ch. 704, Stats., that affect some of the provisions of the current rule relating to: • Disclosures required before entering into a rental agreement. • Returning security deposits. • Withholding security deposits. • Prohibiting certain rental agreement provisions. • Disposing of personal property left behind by a tenant. • Violations of Landlord Tenant law may constitute a violation of Unfair Trade Practices Law. 2013 Wisconsin Act 76 was enacted on December 12, 2013. Act 76, among other things, made additional changes to landlord tenant requirements in ch. 704, Stats., including: • Disposing of personal property left behind by a tenant. • Damage to premises due to action or inaction of the tenant. • Check-in sheets. • Requiring notice of domestic abuse protections. • Prohibition on rental agreement terms that allows landlord to terminate tenancy if a crime is committed in or on the rental property. This rule makes revisions to ch. ATCP 134 that are necessary to conform the rule to provisions of ch. 704, Stats. (as amended) and ensure that enforcement of the rule will not change a right or duty provided by ch. 704, Stats.
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 rule makes a number of minor modifications to the existing rule. However, these modifications simply align the rule with policy changes dictated by the legislature in 2011 Act 143 and 2013 Act 76. Therefore, any economic or fiscal impact would have been caused by that legislation, not this proposed rule. Landlords and Tenants Generally, relationships between landlords and tenants are governed by Chapter 704, Stats. and the existing ATCP 134, Adm. Rule. The legislature recently made a number of changes to Chapter 704, Stats. – some of which relating to subjects that are currently in Chapter ATCP 134, Adm. Code. This rule modifies the existing rule to ensure that there is no confusion between the rule and the recently revised statute. Utility Rate Payers The rule will have no impact on utility rate payers. Local Governments This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This rule benefits landlords, tenants, and other interested parties by ensuring that the rule follows policies recently adopted by the legislature. Alternatives Not make changes to existing rule. This would mean a number of provisions of the existing rule would be similar to the statute; but worded slightly differently; which could cause confusion.
Long Range Implications of Implementing the Rule
Same as Economic and Fiscal Impact discussed above.
Compare With Approaches Being Used by Federal Government
Federal law does not generally regulate landlord and tenant relationships or residential rental practices. The Federal Fair Housing Act of 1968 makes it illegal for a landlord to discriminate against a potential tenant because of a person's race, sex, national origin, or religion, and it prohibits certain discriminatory conduct.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois, Iowa, Michigan, and Minnesota all have statutes or administrative rules governing residential rental practices. These laws address common topics such as rental agreements, security deposits, and other duties of landlords and tenants.
Comments Received in Response to Web Posting and DATCP Response
DATCP received no comments related to the economic impact in response either to the posting on the DATCP external website or the statewide administrative rules website. DATCP did, however, receive comments on the content of the proposed rule. DATCP will consider those comments as part of the public hearing process.

Notice of Hearings

Agriculture, Trade and Consumer Protection

CR 14-039

(DATCP DOCKET #: 14-R-01)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on the proposed repeal of Chapter ATCP 104 , relating to leaf tobacco, buying and selling. DATCP will hold one public hearing at the time and place shown below.

Hearing Information

Date:   Wednesday, July 9, 2014
Time:   9:00 a.m. to 11:00 a.m.
Location:   Board Room (1st Floor)
  Department of Agriculture, Trade and
  Consumer Protection
  2811 Agriculture Drive
  Madison, Wisconsin, 53718-6777

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by July 7, 2014, by writing to Jennifer Heaton-Amrhein, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail] ; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Appearances at the Hearing and Deadline for Submission of Comments

DATCP invites the public to attend the hearings and comment on the proposal. Following the public hearing, the hearing record will remain open until July 23, 2014 , for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, or to [e-mail] , or to http://adminrules.wisconsin.gov .

Copies of the Rule and Comments Relating to Small Business

You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail] . Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov .

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail] , or by telephone at [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule regulates transactions between tobacco growers and tobacco buyers. The department is proposing to repeal the rule.

Statutes interpreted

Section 100.20 (1) , Stats.

Statutory Authority

Sections 93.07 (1) and 100.20 (2) (a) , Stats.

Explanation of statutory authority

DATCP has broad general authority, under s. 93.07 (1) , Stats., to interpret laws under its jurisdiction. DATCP has authority under s. 100.20 (2) (a) , Stats., to promulgate administrative rules forbidding trade practices which are determined by the department to be unfair and prescribing trade practices that are determined by the department to be fair.

Related statutes and rules

There are no Wisconsin Statutes or other rules that regulate transactions between tobacco growers and tobacco buyers.

Plain language analysis

Background

The existing ch. ATCP 104 , Wis. Adm. Code, prohibits leaf tobacco buyers from engaging in certain practices:

•   Attempting to induce another tobacco buyer to engage in specific activities that would artificially manipulate the market price for tobacco.

•   Refusing to negotiate with any grower for the purchase of tobacco because such tobacco was previously graded or submitted for grade.

•   Falsely representing in negotiations with a grower that any particular lot or crop of tobacco was purchased at less than the price actually paid, or that another tobacco buyer has or will cease buying tobacco.

•   Purchasing tobacco under any contract which does not include a specific time within which delivery and payment are to be made.

•   Giving or offering to give any grower any secret or separately stated bonus, commission, payment, or other consideration.

The existing rule also prohibits tobacco growers or sellers from soliciting or receiving any secret or separately stated bonus, commission, payment or other consideration.

This rule was originally promulgated as Department of Agriculture General Order #138 in 1952. At that time, tobacco farming was a prominent business in Wisconsin, and much of the crop was sold in cash markets at the conclusion of the growing season. This rule was necessary to ensure fair transactions between growers and buyers.

Today, the crop is generally produced and sold under contract (as opposed to a cash market at the end of the season). This means that ch. ATCP 104 , Wis. Adm. Code, as it is currently written, is irrelevant to the current industry.

Rule Content

This rule would repeal chapter ATCP 104, Leaf Tobacco, Buying and Selling, in its entirety.

Summary of, and comparison with, existing or proposed federal statutes and regulations

There are no known federal statutes or regulations (existing or proposed) that are comparable to ch. ATCP 104 , Wis. Adm. Code.

Comparison with rules in adjacent states

There are no known rules in adjacent states that are comparable to ch. ATCP 104 , Wis. Adm. Code.

Summary of factual data and analytical methodologies

This proposed rule simply deletes an unused chapter from the administrative code. It does not rely on factual or analytical data other than anecdotal information that growing under contract has replaced cash markets.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

Since repealing the rule has no effect on business (see above), no analysis is required under this section.

Effect on Small Business

This proposed rule would simply delete an outdated and obsolete chapter of the administrative code. DATCP does not anticipate any effect on small business.

DATCP Contact Person

Questions and comments related to this rule may be directed to

Jennifer Heaton-Amrhein

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail] .

Initial Regulatory Flexibility Analysis

Rule Subject:   Leaf Tobacco Buying and Selling

Adm. Code Reference: Ch. ATCP 104

Rules Clearinghouse #: CR 14-039

DATCP Docket #:   14-R-01

Rule summary

This rule would repeal chapter ATCP 104, Leaf Tobacco, Buying and Selling, in its entirety.

Background

The existing ch. ATCP 104 , Wis. Adm. Code, prohibits leaf tobacco buyers from engaging in certain practices:

•   Attempting to induce another tobacco buyer to engage in specific activities that would artificially manipulate the market price for tobacco.

•   Refusing to negotiate with any grower for the purchase of tobacco because such tobacco was previously graded or submitted for grade.

•   Falsely representing in negotiations with a grower that any particular lot or crop of tobacco was purchased at less than the price actually paid, or that another tobacco buyer has or will cease buying tobacco.

•   Purchasing tobacco under any contract which does not include a specific time within which delivery and payment are to be made.

•   Giving or offering to give any grower any secret or separately stated bonus, commission, payment, or other consideration.

The existing rule also prohibits tobacco growers or sellers from soliciting or receiving any secret or separately stated bonus, commission, payment, or other consideration.

This rule was originally promulgated as Department of Agriculture General Order #138 in 1952. At that time, tobacco farming was a prominent business in Wisconsin, and much of the crop was sold in cash markets at the conclusion of the growing season. This rule was necessary to ensure fair transactions between growers and buyers.

Today, the crop is generally produced and sold under contract (as opposed to a cash market at the end of the season). This means that ch. ATCP 104 , Wis. Adm. Code, as it is currently written, is irrelevant to the current industry.

Small Business affected

The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. Tobacco growers are likely to be small businesses. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete and has no effect on small business.

This proposed rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate any effect on small business.

Reporting, bookkeeping, and other procedures

The proposed rule does not require any additional reporting, bookkeeping or other procedures.

Professional skills required

The proposed rule does not require and additional professional skills.

Accommodation for small business

This proposed rule would simply delete an outdated and obsolete chapter of the administrative code, and does not have any effect on small business. Therefore, no accommodation is necessary.

Conclusion

This rule does not have any impact on businesses, including "small businesses." It is not subject to the delayed "small business" effective date provided in s. 227.22 (2) (e) , Stats.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 104 Leaf Tobacco Buying and Selling
Subject
Leaf Tobacco Buying and Selling
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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 Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete. This proposed rule would simply delete an outdated and obsolete chapter from the administrative code.
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 rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate that it would have any economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units, or the state's economy as a whole.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This proposed rule removes an obsolete and unneeded chapter from the Administrative Rules. Alternatives DATCP could leave ch. ATCP 104, Wis. Stats. in place. The rule is obsolete, and does not impose any costs or benefits on tobacco growers or tobacco buyers. DATCP could also modify the rule to make it more relevant to contemporary leaf-tobacco transactions.
Long Range Implications of Implementing the Rule
See the discussions above.
Compare With Approaches Being Used by Federal Government
There are no known federal statutes or regulations (existing or proposed) that are comparable to ch. ATCP 104, Wis. Adm. Code.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
There are no known rules in adjacent states that are comparable to ch. ATCP 104, Wis. Adm. Code. Comments Received in Response to Web Posting and DATCP Response No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.

Notice of Rulemaking Pursuant to
s. 186.118 (2) , Stats.

Financial Institutions — Credit Unions

The Department of Financial Institutions has promulgated a rule creating Chapter DFI-CU 75 , as required by Section 186.118 (2) , Wis. Stats., which reads as follows:

186.118 (2) (a) The office of credit unions shall promulgate a rule establishing a list of activities and powers incidental to the business of a credit union that are authorized for federally chartered credit unions as of April 18, 2014.

(b) The office of credit unions shall submit the proposed rule under par. (a) to the legislative reference bureau in an electronic format approved by the legislative reference bureau, and the legislative reference bureau shall publish the proposed rule in the notice section of the Wisconsin administrative register under s. 35.93 , Stats.

(c) Sections 227.114 (4) and (6) , 227.115 , 227.135 , 227.137 , 227.14 (2) (a) 6. , (2g) , (4) , and (4m) , 227.15 , 227.16 , 227.17 , 227.18 , 227.185 , 227.19 , and 227.30 do not apply to the office of credit unions in promulgating a rule under par. (a) or to any rule promulgated by the office of credit unions under par. (a). Guidelines prescribed by executive order of the governor do not apply to the office of credit unions in promulgating a rule under par. (a).

The rule will be published June 30, 2014, in Register June 2014 No. 702 , effective July 1, 2014.

Text of Rule

The text of Chapter DFI-CU is as follows:

Chapter DFI—CU 75

AUTHORIZED INCIDENTAL POWERS ACTIVITIES

DFI—CU 75.01 Purpose. The purpose of this chapter is to set forth a list of incidental powers activities that are authorized for federally chartered credit unions and in which Wisconsin-chartered credit unions may engage, pursuant to s. 186.118 , Stats.

DFI—CU 75.02 Interpretation. The interpretation of rules in this chapter shall be coordinated with and parallel to the interpretation of federal laws and regulations from which these rules are derived, except as otherwise provided for by Wisconsin law.

DFI—CU 75.03 Definitions. In this chapter:

(1) "Certification services" has the meaning set forth in 12 C.F.R. s. 721.3 (a).

(2) "Charitable contributions and donations" has the meaning set forth in 12 C.F.R. s. 721.3 (b)(1).

(3) "Charitable donation accounts" has the meaning set forth in 12 C.F.R. s. 721.3 (b)(2).

(4) "Correspondent services" has the meaning set forth in 12 C.F.R. s. 721.3 (c).

(5) "Electronic financial services" has the meaning set forth in 12 C.F.R. s. 721.3 (d).

(6) "Excess capacity" has the meaning set forth in 12 C.F.R. s. 721.3 (e).

(7) "Financial counseling services" has the meaning set forth in 12 C.F.R. s. 721.3 (f).

(8) "Finder activities" has the meaning set forth in 12 C.F.R. s. 721.3 (g).

(9) "Loan-related products" has the meaning set forth in 12 C.F.R. s. 721.3 (h).

(10) "Marketing activities" has the meaning set forth in 12 C.F.R. s. 721.3 (i).

(11) "Monetary instrument services" has the meaning set forth in 12 C.F.R. s. 721.3 (j).

(12) "Operational programs" has the meaning set forth in 12 C.F.R. s. 721.3 (k).

(13) "Stored value products" has the meaning set forth in 12 C.F.R. s. 721.3 (l).

(14) "Trustee or custodial services" has the meaning set forth in 12 C.F.R. s. 721.3 (m).

DFI—CU 75.04 Incidental powers activities. The following incidental powers activities are preapproved for Wisconsin-chartered credit unions:

(1) Certification services.

(2) Charitable contributions and donations.

(3) Charitable donation accounts.

(4) Correspondent services.

(5) Electronic financial services.

(6) Excess capacity.

(7) Financial counseling services.

(8) Finder activities.

(9) Loan-related products.

(10) Marketing activities.

(11) Monetary instrument services.

(12) Operational programs.

(13) Stored value products.

(14) Trustee or custodial services.

Notice of Hearings

Natural Resources

Fish, Game, etc., Chs. 1—

CR 14-036

(DNR #: FR-07-12)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17 , Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the creation of section NR 47.65 , relating to a new County Forest time standards grant, which would allow county forests additional flexibility in selecting the optimal combination of resources provided by the department on the date(s) and at the time and location listed below.

Hearing Information

Date:   Wednesday, June 25, 2014
Time:   4:15 p.m.
Location:   Avalon Hotel & Conference Center
  1009 West Park Avenue
  Chippewa Ballroom
  Chippewa Falls, WI 54729

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Joe Schwantes, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Joe Schwantes, Department of Natural Resources, Bureau of Forest Management 101 S. Webster St, Madison, WI, 53703, or by calling [phone].

Written Comments and Deadline for Submission

Comments on the proposed rule must be received on or before Wednesday July 2, 2014 . Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Joe Schwantes

Department of Natural Resources

Bureau of Forest Management

101 S Webster St, Madison, WI 53703

Phone: [phone]

Fax: [phone]

E-mail: [e-mail]

Internet: Use the Administrative Rules System Web site accessible through the link provided.

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

Section 28.11 (5r) , Wis. Stats.

Statutory authority

Section 28.11 (5r) , Wis. Stats.

Explanation of agency authority

DNR's responsibilities for oversight of the County Forest program can be found in s. 28.11 (5) , Wis. Stats., and the authority for sustainable forestry funding is included in 28.11 (5r), Wis. Stats. Section 28.11 (5r) (b) , Wis. Stats., states: "The department may make grants, from the appropriation under s. 20.370 (5) (bw) , to counties having lands entered under sub.(4) to fund the cost of activities designed to improve sustainable forestry on the lands. Finally, Wis. Stat. s. 227.11 (2) (a) allows the DNR to promulgate rules for any statute if the DNR considers it necessary to effectuate the purpose of the statute. Without rulemaking authority for this rule, the DNR will not be able to administer or enforce the grant program authorized by statute, since the DNR would not be able to establish criteria that would uniformly apply across grant applicants without running afoul of the definition of "rule" found under Wis. Stat. s. 227.01 (13) .

Related statutes or rules

Section NR 47.75 — Sustainable Forestry Grant For County Forests, establishes standards and procedures for implementation of a grant program to contribute funds to sustainable forestry practices on county forests under s. 28.11 (5r) , Wis. Stats., specifically for projects that are suitable as a short term and unanticipated workload item consistent with a county's comprehensive county forest land use plan under s. 28.11 (5) (a) , Wis. Stats.

Plain language analysis

This proposed rule would create a new grant program, which would allow additional flexibility for County Forests to select the optimal combination of resources provided to each by the Department. Presently the DNR Division of Forestry (DOF) provides assistance to County Forests, aligning workload with the statutory role of the DNR in oversight of the County Forest program. An agreed upon number of hours are provided to each county based on the workload for that particular county. The DOF's Strategic Direction process in 2011-12 realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. As part of that process, each County Forest was given the opportunity to request a modification of the allocation of resources provided by the Department among a suite of grants and the hours of technical forestry assistance the DOF provides to best meet their individual needs. Several counties (Clark, Eau Claire, Iron, Jackson, and Langlade) desire to reduce their technical assistance from DNR in exchange for funding that would allow them to hire contractors or seasonal staff to accomplish similar forestry work. The thought is that some of the forestry tasks may be done adequately using potentially lesser paid seasonal or contracted staff, with the end result being the ability to get more work done with the same amount of resources. The proposed grant program is structured to focus on accomplishing tasks already identified in the time standards agreement for each county, which guides what activities have typically been accomplished by DOF staff. This funding would provide for on-the-ground sustainable forestry practices with the reallocation of funding into appropriation s. 20.370 (5) (bw) , Wis. Stats.

Summary and comparison with existing and proposed federal regulations

This rule/grant does not impact and is not impacted by any federal regulations.

Comparison of similar rules in adjacent states

This rule/grant is not similar to rules in any adjacent states. The County Forest Program, as established by ss. 28.10 and 28.11 Wis. Stats., is unique in the nation, in terms of the partnership and roles of the State and participating counties in the management of County Forest lands.

Summary of factual data and analytical methodologies

This new rule/grant will be consistent with the goals established in the Division of Forestry's Strategic Direction conducted in 2011-12, which realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. The proposed rule/grant language was developed by a team that included several DOF staff members, the Executive Director of the Wisconsin County Forests Association, and three County Forest Administrators. The proposed language has been vetted and approved by the DOF's Leadership and Operations Team as well as the Wisconsin County Forests Association's Legislative & Certification Committee.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

The Division of Forestry is directly contacting County Forest Administrators, who would be most directly affected group affected by this proposed rule/grant to solicit their input in the development of the Economic Impact Analysis (EIA). The County Forest Administrators are the individuals that would be responsible for completing and submitting grant applications under the proposed rule, and therefore are in the best position to describe the potential impacts of the rule on their budgets and the small businesses they may potentially hire to complete sustainable forestry projects.

Effect on small business

This rule/grant would provide an option for counties to receive grant funding as an alternative to DNR staff assistance, which could be used to hire temporary staff or contractors to accomplish sustainable forestry projects. As such, there could potentially be a minor economic impact on small businesses, if counties received grant funding and subsequently hired contractors for that work. The actual overall economic impact to small businesses in Wisconsin will be minimal, although a few small businesses may see significant benefits if selected to do contract work on County Forest projects.

The Small Business Regulatory Coordinator may be contacted at [e-mail] , or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

There is expected to be an insignificant fiscal effect on state and local government. This rule would allow the Department to shift resources provided to counties from staff time to financial assistance, the resulting overall value of assistance being provided would remain constant. Depending on the level of grant funding utilized by individual County Forests under this grant program, this rule would have minor impacts on those individual County Forest budgets to accomplish the activities identified. This rule would have no negative fiscal impact on counties. This rule would have no fiscal impact on other local governments. The fiscal effect of this rule is anticipated to be insignificant, as the overall level of assistance provided by the Department to counties will remain the same.

Contact Person

Joe Schwantes

Department of Natural Resources

Bureau of Forest Management

101 S Webster St, Madison, WI 53703

Phone: [phone]

Fax: [phone]

E-mail: [e-mail]

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: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
DRAFT - NR47.65 (new) County Forest Time Standards Grant
3. Subject
County forest time standards grant. Grant that would allow additional flexibility for County Forests to select the optimal combination of resources provided to each by the Department.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			20.370 (5) (bw)
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 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 proposed rule would create a new grant program, which would allow additional flexibility for County Forests to select the optimal combination of resources provided to each by the Department. Presently the DNR Division of Forestry (DOF) provides assistance to County Forests, aligning workload with the statutory role of the DNR in oversight of the County Forest program. The DOF's Strategic Direction process in 2011-12 realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. As part of that process, each County Forest was given the opportunity to request a modification of the allocation of resources provided by the Department among a suite of grants and the hours of technical assistance the DOF provides to best meet their individual needs. Several counties desire to reduce their assistance from DNR in exchange for funding that would allow them to hire contractors or seasonal staff to accomplish similar forestry work. The thought is that some of the forestry tasks may be done adequately using potentially lesser paid seasonal or contracted staff, with the end result being the ability to get more work done with the same amount of resources. The proposed grant program is structured to focus on accomplishing tasks already identified in the time standards agreement for each county, which guides what activities have typically been accomplished by DOF staff. This funding would provide for implementation of on-the-ground sustainable forestry practices.
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.
County Forestry Administrators (29 individuals), which is the group that would be the most affected by this rule.
11. Identify the local governmental units that participated in the development of this EIA.
County Forestry Administrators (29 individuals), which is the group that would be the most affected by this rule.
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)
Minimal impacts are expected. Depending on the level of grant funding utilized by County Forests under this grant program and whether grant funds are utilized to hire temporary employees or independent forestry contractors, there could potentially be a small positive impact on the forestry consultant business sector.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This proposed rule would allow additional flexibility for County Forests to select the optimal combination of resources provided to each by the Department. Each County Forest would periodically be given the opportunity to request a modification of the allocation of resources provided by the Department among a suite of grants and the hours of technical assistance the DOF provides to best meet their individual needs. The shift to additional grant funds would allow them to hire contractors or seasonal staff to accomplish similar forestry work. The thought is that some of the forestry tasks may be done adequately using potentially lesser paid seasonal or contracted staff, with the end result being the ability to get more work done with the same amount of resources. The alternative to implementing the rule would be to continue offering County Forests the current suite of technical assistance and grant funding that is provided, without offering additional flexibility to customize the resources provided.
14. Long Range Implications of Implementing the Rule
The long range fiscal implications of implementing the rule are minimal, as the rule would simply allow the same funding to be utilized for a wider range of grant programs and would not necessarily increase or decrease actual financial resources dedicated to the suite of grants for County Forests.
15. Compare With Approaches Being Used by Federal Government
Not applicable.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Not applicable. Neighboring states do not have similar county forest programs, which have the unique relationship between the state and county forest programs that exists in Wisconsin.
17. Contact Name				18. Contact Phone Number
Joe Schwantes				608-264-9217

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearings

Safety and Professional Services —
Psychology Examining Board

CR 13-103

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b) and 455.065 (1) and (3) , Wis. Stats., and interpreting ss. 455.06 and 455.065 , Wis. Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section Psy 4.03 ; amend Chapter Psy 4 (title); repeal section Psy 4.02 ; and create sections Psy 4.015 , 4.025 , 4.03 , 4.04 , and 4.05 , relating to psychology continuing education.

This is a second hearing on Clearinghouse Rule 13-103 . This Notice of Public Hearing reflects modifications the Psychology Examining Board has made to the proposed rulemaking order since the first hearing which was held on January 15, 2014.

Hearing Information

Date:   Tuesday, July 8, 2014
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

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 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at [e-mail] 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

Sections 455.06 and 455.065 , Wis. Stats.

Statutory authority

Sections 15.08 (5) (b) and 455.065 (1) and (3) , Wis. Stats.

Explanation of agency authority

The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.

Specifically, the board shall promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses, and the criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s. 455.04 (1) (e) and (4) (f) .

Related statute or rule

Plain language analysis

The rule reorganizes and clarifies the continuing education requirements for psychologists.

S ection 1 inserts the words "continuing education" into the title in order to provide an easy reference for licensees.

S ection 2 creates a definition section.

S ection 3 repeals the current continuing education requirements in order to reorganize and create clarity.

S ection 4 This section is created to include the general continuing education requirements.

S ection 5 moves the current Psy 4.03 section to the end of the chapter. In addition, the section is amended to specify the number of continuing education hours which must be completed to renew a license which expired less than five years before the application for renewal.

S ection 6 creates three new sections. The first section specifies approved continuing education. A psychologist may obtain continuing education as follows: completing courses from an organization approved by the American Psychological Association, National Association of School Psychologists or Canadian Psychological Association, courses sponsored by Wisconsin Psychological Association or Wisconsin School Psychologists Association, category I courses approved by the American Medical Association or the American Osteopathic Association, or courses approved in another state in which the licensee holder also holds a license or graduate level courses from an accredited college or university; teaching and presenting programs or courses; serving on a professional board or committee; authorship of a book, book chapter or article in peer reviewed journal; completing board certification; completion of a master's or doctoral degree in psychopharmacology; providing supervision to trainees; and evaluation of community outpatient mental health programs. The second section provides postponement, waiver and exemptions to the continuing education requirements based upon hardship or retirement. The third section specifies records of continuing education must be kept for a minimum period of six years. In addition, the third section revises the current requirement for a mandatory audit of compliance with the continuing education requirements to instead allow a general audit to be conducted in the board's discretion.

S ection 7 states an effective date of October 1, 2015, which is the start of the next biennium.

Summary of, and comparison with, existing or proposed federal regulation

None

Comparison with rules in adjacent states

Illinois: Illinois requires each biennial 24 hours of continuing education and of those 24 hours at least 3 hours must be related to the ethics. Continuing education may be earned by participating in a course or program by an approved continuing education sponsor; completing postgraduate training programs; and for teaching in the field of psychology in an accredited college, university, graduate school or as an instructor of a program by approved sponsors. Postgraduate course and teaching courses have maximums as to the number to be counted towards the required 24 hours. Continuing education records are to be maintained for the previous 8 years. Illinois has provisions for waivers of continuing education for hardship.

Iowa: Iowa requires 40 hours of continuing education each biennium. For the second renewal period, licensees' continuing education must include 6 hours in either Iowa mental health laws and regulations or risk management. For all subsequent renewals, licensees' continuing education must include 6 hours in any of the following: ethics, federal mental health laws, Iowa mental health laws or risk management. Board members may obtain continuing education hours based upon attendance and participation at board meetings. Continuing education may be earned as follows: mandatory reporter training; programs sponsored by the American Psychological Association or Iowa Psychological Association; approved workshops, conferences or symposiums; academic coursework; home study or electronically transmitted courses; scholarly research published in recognized professional publication; and preparing and teaching courses or programs. Iowa does not have provisions on hardship waivers.

Michigan: Michigan does not require continuing education for psychologists.

Minnesota: Minnesota requires 40 hours of continuing education each biennium. Continuing education may be earned as follows: developing and teaching an academic course; attending courses or presentations based on scientific, practice or professional standards foundations; graduate level courses in psychology; developing presentation, or taped or computerized materials based on scientific, practice or professional standards foundations; and authoring, editing or reviewing a psychological publication. Continuing education records must be maintained for 8 years after the renewal date. Variances may be granted for completion of continuing education outside the biennium. The board randomly audits a percentage of renewing licensees each month for compliance with continuing education.

Summary of factual data and analytical methodologies

The Board considered the Association of State and Provincial Psychology Board's recommendations for continuing education and the continuing education requirements of other states. In addition, the Board reviewed recent audit results to determine what issues required clarification for the credential holders.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This rule was posted for 14 days for economic comments and none were received. The Board determines that the modification of existing rules to clarify continuing education requirements, which does not increase the requirement, does not create an effect on small business nor have an economic impact.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis follows.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

Text of Rule

Section 1. Chapter Psy 4 (title) is amended to read:

REQUIREMENTS FOR RENEWAL AND CONTINUING EDUCATION

Section 2. Psy 4.015 is created to read:

Psy 4.015 Definitions. In this chapter:

(1) "Board" means Wisconsin Psychology Examining Board.

(1) "Continuing education hour" means a period of continuing education consisting of not less than 50 minutes.

(2) "Ethics" means content consistent with one or more of the American Psychological Association's ethical principles of psychologists.

(3) "Jurisprudence" means content relating to state and federal laws and regulations affecting the practice of psychology.

(4) "Risk management" means content relating to the reduction of probability of incurring legal, regulatory or malpractice actions in the practice of psychology.

(5) " Trainee" means a person who is obtaining appropriate experience in psychological work under supervision per s. 455.04 (1) (d) , Wis. Stats.

Section 3. Psy 4.02 is repealed

Section 4. Psy 4.025 is created to read:

Psy 4.025 Continuing education. (1) Unless granted a postponement or waiver under s. 4.04 every licensee shall complete at least 40 board approved continuing education hours in each biennial registration period, beginning October 1 of each odd-numbered year.

(a) A minimum of six hours of the required 40 continuing education hours shall be in ethics, risk management or jurisprudence.

(b) Continuing education hours completed in the topics of supervision or suicide prevention shall be calculated as 1.5 times the numbers of continuing education hours obtained.

(2) Continuing education hours may apply only to the registration period in which the hours are acquired. If a license has been allowed to lapse, the board may grant permission to apply continuing education hours acquired after lapse of the license to a previous biennial period of licensure during which required continuing education was not acquired. In no case may continuing education hours be applied to more than one biennial period.

(3) During the time between initial licensure and commencement of a full 2-year licensure period, in Wisconsin, initial licensees shall not be required to meet continuing education requirements.

(4) Applicants from other states applying under s. 455.04 (1) (e) or (4) (f) , Stats., shall submit proof of completion of at least 40 board approved continuing education hours obtained within 2 years prior to application. An applicant who first obtained licensure as a psychologist or private practice school psychologist less than 2 years prior to submitting the Wisconsin application is not required to meet this subsection

Section 5. Psy 4.03 is renumbered to Psy 4.06 and amended to read:

Psy 4.06 Renewal of a lapsed license. Failure to renew a license by September 30 of odd-numbered years shall cause the license to lapse. A licensee who allows the license to lapse may apply to the board for renewal of the license as follows:

(1) If the licensee applies for renewal of the license less than 5 years after its expiration, the license shall be renewed upon payment of the renewal fee and fulfillment of the 40 continuing education hours completed within 2 years prior to renewal.

(2) If the licensee applies for renewal of the license more than 5 years after its expiration, the board shall make an inquiry as it finds necessary to determine whether the applicant is competent to practice as a psychologist or private practice school psychologist in this state, and shall impose any reasonable conditions on renewal of the license that the board considers appropriate. An applicant under this subsection is presumed to be competent to practice as a psychologist or private practice school psychologist in this state if at the time of application the applicant is licensed by a similar examining board of another state or territory of the United States or of a foreign country or province whose standards, in the opinion of the board, are equivalent to or higher than the requirements for licensure as a psychologist under s. 455.04 (1) , Stats., or as a private practice school psychologist under s. 455.04 (4) , Stats. The examining board shall require each applicant under this subsection to have completed at least 40 hours of continuing education obtained within 2 years preceding the application for renewal and to pass the appropriate examination specified under s. 455.045 (1) (b) or (2) (b) , Stats.

Section 6. Psy 4.035, 4.04 and 4.05 are created to read:

Psy 4.035 Approved continuing education. (1) The board shall approve all of the following programs and courses, if relevant to the professional practice of psychology:

(a) Continuing education programs and courses sponsored by an organization approved by one of the following:

1. American Psychological Association.

2. National Association of School Psychologists.

3. Canadian Psychological Association.

(b) Continuing education programs and courses sponsored by one of the following:

1. Wisconsin Psychological Association.

2. Wisconsin School Psychologists Association.

(c) Educational programs recognized as approved at the time of attendance as "category I" continuing medical education programs by the council on medical education of the American Medical Association or the American Osteopathic Association.

(d) Continuing education courses approved by the psychology licensing board in another state where the psychologist is also licensed.

(e) Graduate level courses of two semester or three quarter credits, or more, relevant to the professional practice of psychology offered by an accredited college or university in which a person receives a passing grade shall be granted 20 continuing education hours.

(f) No more than eight hours of continuing education hours may be credited per day for courses and programs in par. (a) through (d).

(2) Continuing education hours shall be granted for teaching or presenting any of the programs or courses in sub. (1) but no credit will be granted for any subsequent presentations of the same program or course. A teacher or presenter shall receive 2 continuing education hours for each hour of presentation with a maximum of 20 continuing education hours.

(3) A licensee shall be granted 6 hours of continuing education for each professional activity, with a maximum of 12 continuing education hours. Continuing education hours shall be granted for professional activities as follows:

(a) Serving on the American Psychological Association or its affiliated state psychological association committee or board.

(b) Serving on a state Psychology Examining Board.

(c) Serving on the National Association of School Psychologists or its affiliated state association committee or board.

(d) Serving on the American Board of Professional Psychology committee or board.

(e) Serving on the Association of Psychology Postdoctoral Internship Centers committee or board.

(f) Serving on the Association of State and Provincial Psychology Boards committee or board.

(g) Serving as a reviewer for a peer reviewed publication.

(4) Continuing education hours shall be granted for first or second authorship of a publication relevant to psychology if the publication is contained in an academic or professional book or book chapter or peer-reviewed journal article. A licensee shall receive 10 continuing education hours per authorship, with a maximum of 20 continuing education hours.

(5) Continuing education hours shall be granted for earning board certification by the American Board of Professional Psychology. A licensee who successfully completes board certification shall receive 40 continuing education hours. The ethics, risk management or jurisprudence requirement may not be met unless the board certification process included at least six hours on those topics.

(6) Continuing education hours shall be granted for completion of a master's or doctoral degree in psychopharmacology from an accredited college or university. Licensees who complete a master's or doctoral degree in psychopharmacology shall receive 40 continuing education hours. The ethics, risk management or jurisprudence requirement may not be met unless the coursework included those topics.

(7) Continuing education hours shall be granted for providing supervision to one or more psychological trainees. Continuing education hours for providing supervision shall be calculated as .25 times the number of hours of supervision with a maximum of 20 continuing education hours.

(8) (a) Continuing education hours shall be granted for the evaluation of a community mental health program, as defined in s. 51.01 (3n) , Stats., and approved by the department of health services according to rules promulgated under s. 51.42 (7) (b) , Stats. Four hours of assistance, including hours in training required by the department of health services, are equal to one continuing education hour for the purposes of this section.

(b) A licensee wishing to apply for continuing education credit under this subsection shall register in advance with the board, and shall notify the board on a form provided by the board

of the dates and the total number of hours in any biennium for which the applicant will be available to provide assistance. The board shall make referrals to the department of health services in the order applicants are received.

Psy 4.04 Postponement, Waiver and Exemptions (1) A licensee may apply to the board for a postponement or waiver of the requirements of this chapter on grounds of prolonged illness or disability, or on other grounds constituting extreme hardship. The board shall consider each application individually on its merits, and the board may grant a postponement, partial waiver or total waiver as deemed appropriate.

(2) The board may grant an exemption from the requirements of this section to a licensee who certifies to the board that the licensee has permanently retired from the practice of psychology or the private practice of school psychology.

(3) A licensee who has been granted an exemption from the requirements of this chapter based on retirement from the practice of psychology or the private practice of school psychology may not return to active practice without submitting evidence satisfactory to the board of having completed 40 credits of continuing education hours obtained within 2 years prior to the return to the practice of psychology.

Psy 4.05 Record Keeping and Audits (1) A licensee shall retain for a minimum period of 6 years and shall make available to the board or its agent upon request the following proof of continuing education:

(a) Certificate of attendance issued by the program sponsor. The certificate shall include the name of the licensee, date of attendance, sponsor name, hours and title of course.

(b) Unofficial transcript for graduate level courses or psychopharmacology degree.

(c) Documentation of publication.

(d) Verification from the organization, on organization letterhead, documenting professional activities including the dates of service.

(e) Documentation of board certification from the American Board of Professional Psychology.

(f) Documentation verifying the dates and number of hours of voluntary, uncompensated services provided in assisting the department of health services using a form provided by the department of safety and professional services.

(g) Attestation form, provided by the department of safety and professional services, documenting supervision including the dates of supervision and total number of hours per day.

(2) The board may conduct a random audit of licensees on a biennial basis for compliance with continuing education requirements. The board may conduct an audit on any licensee who has come under investigation by the board for alleged misconduct.

Section 7. EFFECTIVE DATE. The rules adopted in this order shall take effect on October 1, 2015.

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: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Psy 4
3. Subject
Continuing education
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
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		⍽ 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
Recent continuing education audits have revealed confusion in the continuing education requirements, including whether specific topic areas, if any, must be addressed by their continuing education.
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 rule was posted for 14 days for economic comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None
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 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. The rule addresses the licensee's continuing education.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefits of implementing the rule is to streamline the approval process for continuing education, reflect current continuing education programs and create clarity in the continuing education requirements. The alternate is the rule will not be in conformity with the statutory requirements as it relates to required topics.
14. Long Range Implications of Implementing the Rule
The long range implication is to create clarity in the continuing education requirements.
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 requires 24 hours of continuing education with 3 hours in ethics. Iowa requires 40 hours of continuing education including designating topics for 6 hours. Minnesota requires 40 hours of continuing education. Michigan does not require continuing education for psychologists.
17. Contact Name				18. Contact Phone Number
Sharon Henes				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.