Rules Published with this Register and Final Regulatory Flexibility Analyses and
Repeals and Modifications of Rules by Legislative Acts
The following administrative rule orders and legislative acts that repeal or modify rule have been adopted or enacted and the changes, additions, and deletions to the Wisconsin Administrative Code contained in these rules and acts have been incorporated into the affected chapters of the Administrative Code. The affected chapters are published in this edition of the Wisconsin Administrative Register. (see sections 35.93 and 227.265, Wis. Stats.)
Administrative Rules Published
Corrections
The Wisconsin Department of Corrections proposes an order to repeal and recreate Chapter
DOC 303
, to repeal Chapter
DOC 303 Appendix
and sections
DOC 308.03 (6)
and
(8)
,
309.02 (13)
,
309.55 (4) (e) 4.
,
5.
, and
6.
,
327.09 (2) (g)
,
(j)
, and
(n)
, to amend ss.
DOC 302.17 (11) (c)
,
302.21 (3) (b) 1.
,
302.33 (1) (b)
,
302.34 (1) (a)
,
302.35 (1) (a)
,
304.04 (2)
,
306.05 (4) (a)
,
308.03 (4) (intro.)
,
(b)
, and
(d)
,
308.04 (4) (e) 5.
,
(5) (a) 2.
, and
(10)
,
308.04
Note to sub. (4), 309.02 (5), 309.04 (4) (e) 2. and (6), 309.20 (4) (a) 5., (4) (c) 3., (4) (d) 2., and (7), 309.365 (5) (c) 2., 310.08 (3), 310.10 (7), 310 Appendix DOC 310.16 para. 3, 311.07 (2) (f) 3., 313.08 (10), 324.12 (1) (j), 324.13 (6), 327.09 (1) (a), (2) (intro.), (a), (b), (c), (d) (intro.), (e) (intro.), (f), (h), (i), (m) 1., (q) (intro.), (r), (s), (t), (u), (v), (w), (x) (intro.), (y), (z) (intro.), and (3), 327.13 (intro.), (2), (3), (4), (5), (6), (7), (8), (9), and (10), 327.16 (6) (c) 4. and (d), and to create sections
DOC 308.03 (8m)
,
309.55 (4) (e) 4.
and
5.
, relating to the discipline of inmates.
Effective 1-1-15.
Final Regulatory Flexibility Analysis
The department of corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.1145
, Stats.
Legislative Comments
No comments were reported.
Natural Resources
Environmental Protection — General, Chs. NR 100—
(DNR # WT-06-12)
Effective 10-1-14.
Summary of Final Regulatory Flexibility Analysis
Wisconsin's shoreland protection standards under ch.
NR 115
, Wis. Adm. Code, do not distinguish or contain different standards for businesses within the shoreland zone. Therefore, businesses or business sectors are either not directly impacted by the proposed rule, or businesses located within the shoreland zone must meet the same requirements as any other property owner in the shoreland zone. If a business is located in the shoreland zone and the structure is non-conforming or the property exceeds the impervious surface limits, the business may keep what they have and repair or maintain those structures.
Specific businesses and business sectors may be indirectly impacted by the proposed rule depending upon the type of business and location of the business. Given that a primary purpose of the proposed revisions is to ease the administrative burden on counties, some businesses including builders, contractors, building centers, landscapers, nurseries and garden centers may experience some positive economic impacts, because the proposed rule language will provide shoreland property owners with increased flexibility for development of their property.
Legislative Comments
No comments were reported.
Natural Resources
Environmental Protection — General, Chs. NR 100—
Environmental Protection — Water Supply,
Chs. NR 800—
(DNR # DG-02-13)
An order to amend Chapter
NR 146
(title) and sections 146.01(1) and (2), 146.02 (3) and (4), 146.03 (1) and (2) (intro.), (2), and (3), 146.04 (1) (a) and (d), 146.05 (title), (1) and (2), 146.07 (1) (a), (b), and (e), (2), (3), and (4), 146.08, 146.08 (1), 146.09, 146.09 (2), 812.01 (2), 812.03, 812.04 (1), 812.08 (intro.) and (4), 812.09 (4) (intro.), (a) 5., (q), (5), and (6), 812.10 (title), (2) to (6), (8), 812.11 (title), (2) (intro.), (g), 812.12 (intro.), (15), 812.17 (title), (2)(b) and (2) (d )4., 812.20 (2) (c), (2) (j), (3) (a), (b), and (7), 812.22 (7) (b), 812.26 (2) (b) 2., (c)1, (7)(b) and (8), and 812.43; to repeal and recreate sections
NR 146.03 (2) (a)
and
(b)
; to create sections
NR 146.01 (1) (note)
and
(note)
,
146.02(1m)
,
(4d)
,
(4h)
,
(4p)
,
(4t)
, and
(11)
,
146.03 (2) (e)
and
(2) (f)
,
146.04 (1) (a)
(note)
and
(note)
,
(5)
,
(6)
, and
(7)
,
146.065
,
146.07 (1) (f)
,
(g)
, and
(h)
,
(2) (b)
,
(c)
, and
(d)
,
146.08(8)
,
(9)
,
(10)
,
(11)
,
(12)
, and
(13)
,
812.03 (5)
,
812.07 (50p)
and
(50s)
,
812.08 (5)
,
812.09 (4) (x)
,
812.10 (12)
,
812.20 (1) (a) 7.
,
(e)
to
(h)
,
812.22 (9)
, and
812.26 (7) (a) 7.
, relating to licensing criteria for heat exchange drillers and to standards for heat exchange drillholes that will be approved with notification rather than individual review.
Effective 10-1-14.
Final Regulatory Flexibility Analysis
Economic impacts of this rule are minimal. Actual costs to drillers are small and unlikely to affect decisions to offer a service or enter a business sector. The current water well drilling license is $50.00 per year for an individual drilling license and/or $50.00 for the drilling firm business license. The cost is anticipated to be similar to add certification for heat exchange drilling. Administration of the driller license exam is currently done at no cost to the driller.
As a result, actual costs to consumers to use geothermal energy are unlikely to be affected by the licensing and construction permits.
Overall economic impacts are uncertain. Additional protection of groundwater through consistent, high quality drilling practices should reduce future costs of drinking water treatment or groundwater clean-up. Consistent high quality heat exchange drilling practices should help contain the costs of this alternative source of energy for heating and cooling.
No public comments were received on the draft economic analysis and no impacts to small business are anticipated.
Legislative Comments
No comments were reported.
Natural Resources
Environmental Protection — General, Chs. NR 100—
Environmental Protection — Water Supply,
Chs. NR 800—
(DNR # DG-03-13)
An order to repeal sections
NR 812.03 (2)
,
812.08 (4) (a) 3.
,
4.
,
5.
,
6.
,
8.
,
13.
, (b )9., 10., and 13., 812.26 (4), 812.26 (5) (e), 812.43 (1) (d); to renumber sections
NR 146.02 (1)
,
812.07 (51)
to
812.07 (52)
,
812.07 (52)
to
812.07 (51)
,
812.07 (112g)
to
812.07 (111m)
; to renumber and amend sections
NR 146.04 (2) (c)
and
(note)
to
146.04 (2) (i)
and
(note)
,
146.04 (3) (a)
and
(note)
to
146.04 (3) (c)
and
(note)
; to amend Chapter
NR 146
(title) and sections 146.01 (1) and (2) and (note), 146.02 (3), (4), (7), (9), and (10), 146.03 (1) and (3), 146.04 (title), (1) (a) and (note), (b), and (d), 146.04 (2) (title), (intro), (a), (b), and (d), 146.04 (3) (title) and (intro), and (3) (b) 146.05 (title, (1) and (note), and (2), 146.06, 146.07 (1) (a), (b) and (e), 146.08, 146.09, 812.01 (2), 812.02 (1) (b) and (2), 812.03 (1), 812.05 (2) (b), 812.07 (3), (4), (6), (10), (23), (24), (35), (38), (42), (49), (53) (54), (57m), (60), (64), (67), (72), (74) (b), (80) (intro.), (a), (b), (84), (86), (90), (91), (93) (intro), (93) (a), (94), (104), (105), (106), (107), (108), (122), 812.08 (1) (intro.), (b), and (d), (2) (a), (b), (c), (4)(intro.), (a) 1., and 2., 11., 14. and 15., (4) (b) 2., 3., 4., 7., 12., and 15., (4) (c) 1., 2., 4. and 10., (4) (d)1., 4., and 6., (4) (f) 2., 7. and 8., (4) Table A, 812.09(4)(a)5. (4)(L), and (4)(r), 812 subchapter II (title), 812.10 (2) and (8), 812.11 (1), 812.12 (16) 812.13 (3) (b) 7., 812.22 (7) (b), 812.26 (title) and (1), (2) (a) (intro.), 1., 2. and 4., (2) (b), (2) (c) (intro.) and (2) (d), (3), (5)(intro.), (6), (7), and (8), 812.27 (5), 812.27 (8) and (9), 812.28, 812.29, 812.30 (3), 812.31 (2) (a) and (b), (4) (e), 812.32 (1) (a) (intro.), (2) (b), (5) (b) 3. b., (6) (b) and (9) (c) 3., 812.33 (1) (a) 1., (1) (b), (2) (intro.), and (3), 812.34 (title), and (intro.), 812.35, 812.37 (4) (a), 812.42 (1) (title), (intro.), (a) and (b), (1) (c), (2) (intro), (a), (c) and (d), (3), (4) (f), (6) (intro.), (6) (a) 2., (6) (b) 4., (7), (8), (9) (a) and (b), 812.43 (1); to repeal and recreate sections
NR 146.02 (5)
,
146.03 (2)
,
146.04 (4)
,
146.07 (2)
,
812.07 (82)
and
(124)
,
812.10 (11)
, Figures 5 (b) 1., 6 (b) 1., 7 (b) 1., 8 (b) 1., 9 (b) 1. and 10 (b) 1., 812.22 (6), 812.27 (6), 812.30 (5), 812.32 (2) (a)5. Figures 36b. and 36c., 812.41 (3); to create sections
NR 146.01
(note),
146.02 (1e)
,
(1m)
,
(3m)
and
(note)
,
(4b)
,
(4d)
,
(4f)
,
(4h)
,
(4j)
,
(4L)
,
(4n)
and
(note)
,
(4p)
,
(4r)
,
(4t)
,
(4v)
,
(5) (note)
,
(7g)
,
(7r)
,
(9)
( note), (9g), and (9r), 146.03 (4), 146.04 (2) (cm), (e), (f), (g), (h), (j), (k), (L) and (2m), 146.04 (3) (a), (d), and (3m), 146.04 (4m), (5), (5m), (6), (7) and (8), 146.07 (1) (f), (g), (h),and (i), 146.08 (8) to (19), 146.09 (3) (c) and (d), 146.10, 146.11, 146.12, 812.01 (1) (c), 812.07 (1d), (1h), (1p), (1t), (10m), (17m), (19m), (27t), (29m), (35e), (41m), (47m), (54g), (54r), (55m), (57s), (61g), (74)(c), (74)(d), (74)(e), (75c), (75g), (75L), (75p), (75t), (75x), (79e), (79p) and (note), (79t), (80m), (85m), (94g), (94r), (96g), (108r), (110s), (112m), (112v), (119g), (124m) and (note), 812.08 (1) (f), (2) (c) (note) and (note), (d), (e), (f), and (g), (4) (a) and (note) 16., 17. and 18., (4) (b) 16. and (note) and 17., (4) (c)16., 17., 18., 19., 20.,and (21), (4) (d) 10., 11. and 12., (4) (fm), 812.10 (12) and (13), 812.12 (2) (e), 812.22 (9) and (10), 812.26 (2) (a) 5. and 6., (6) (h) and (6) (i), (7) (b) 1. Table VI, (9), 812.27 (10) and (11), 812.30 (6), 812.32 (1) (e) and (f), (4) (c) and (d), (9) (d), 812.33 (1) (a) 2. d., and (2) (b) 5. 812.36 (3), Figures 45A and 45B, 812.41 (4), 812.42 (1) (b) 2., 3., 4., and 5., (4) (g) and (h), (10), (11), (12), (13), and subchs.
VI
and
VII of ch. 812
, relating to licensing criteria for water well drilling rig operators, property transfer well inspectors and well filling and sealing contractors, and criteria for citations and relating to standards for property transfer well inspections, well filling and sealing and criteria for citations.
Effective 10-1-14.
Final Regulatory Flexibility Analysis
There is not expected to be an economic impact on small business. The inspection of properties and water systems for real estate transfer is expected to find unused wells and non-compliant wells that will need to be upgraded to become compliant with code, or filled and sealed. This may result in additional work for licensed persons and help avoid costly well contamination for property owners.
Legislative Comments
No comments were reported.
Safety and Professional Services
Professional Services, Chs. SPS 1—299
An order of the Department of Safety and Professional Services to repeal sections
SPS 80.03 (2)
,
(8a)
and
(8d)
,
81.02 (5)
(Note), 81.02 (8), 81.02 (5) (Note), 81.05 (intro.), 82.01 (6), 83.01 (3) (e), (3)(g) (Note), 83.01 (4) (c), 83.02 (7), 84.01 (4), 84.03 (1) (b) 1. to 6., 86.01 (2) (Note, 84.04 (1) (b) (intro.) (Note) and 1. to 9., and 86 Appendix I; to renumber sections
SPS
80 (title),
80.03 (3)
to
(8)
,
80.03 (8ag)
to
(8c)
,
80.03 (9)
to
(18)
, 81
(title)
,
81.03 (1)
to
(2) (d)
,
81.05 (1)
,
81.05 (2)
,
81.05 (3)
, 82
(title)
,
82.02
,
82.03
,
82.04
, 83 (title),
83.01 (1)
,
83.01 (1a)
,
83.01 (2)
, 84
(title)
,
84.01 (1)
and
(3)
,
84.02
,
84.03
(1) (title) (intro)
and
(a)
,
84.03 (2) (intro.) (a)
to
(c)
,
84.04
(title) and
(1) (intro.)
and
(a)
,
84.04 (2)
and
(3)
; to renumber and amend sections
SPS 80.01
,
80.02
,
80.03 (intro.)
,
80.03 (9)
to
(18)
,
81.01
,
81.02 (intro.)(1)
to
(7)
,
81.02 (8)
(Note), 81.03 (2) (d) (Note), 81.04, 82.01 (1) to (5), 83.01 (title), 83.01 (3) (intro.) (a) to (d) and (f) and (g), 83.01 (3m), 83.01 (4) (intro.) and (4) (b), 83.01 (4) (c) (Note), 83.02 (title) (intro.) (1) to (6), 84.001, 84.01 (6) to (14), 84.03 (1) (b) (intro.), 84.04 (1) (b) (intro.), 85.01, 85.02; to amend sections
SPS 87.01 (2)
and
(3)
,
87.02 (1)
,
(2) (intro.)
,
(b)
and
(c)
,
86.01 (1)
,
(4)
,
(9)
and
(11)
; to repeal and recreate Chapter
SPS 85
(title); and to create sections
SPS 85.120 (3)
(Note) and (27), 85.230 (1) (c) 3., 85.240, 85.330, 85.410 (title), 85.430, 85.500 (title) 85.510, 85.520 (8) and (9),85.530, 85.600 (7), 85.700 (3) (a) to (f), 85.820, 85.830, 85.840,85.900 (title), 85.900 (7), 85.910 (7) (a), related to the examination, education, and experience requirements of real estate appraisers.
Effective 1-1-15.
Effect on Small Business
These proposed rules do have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Legislative Comments
No comments were reported.
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
An order of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to amend section
MPSW 3.11 (5)
, relating to temporary credential.
Effective 10-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Legislative Comments
No comments were reported.
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
An order of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to repeal sections
MPSW 2.01 (14)
and
10.01 (3m)
, relating to the definition of psychotherapy.
Effective 10-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Legislative Comments
No comments were reported.
Safety and Professional Services —
Occupational Therapists Affiliated Credentialing Board
An order of the Occupational Therapists Affiliated Credentialing Board to repeal sections
OT 2.07 (5)
and
3.06
(b) (Note); to amend sections
OT 2.03 (2) (e)
,
2.03 (2) (j)
,
2.07 (4)
and
(6)
,
3.02
,
3.05
,
4.02 (2) (intro.)
,
4.02 (2) (a)
and
(b)
,
4.03 (1) (a)
,
4.03 (2) (title)
,
4.03 (2) (c)
,
(d)
, and
(e)
,
4.03 (3) (a)
,
(b)
, and
(f)
,
4.03 (5) (b)
and
(c)
,
4.03 (6) (b)
and
(c)
,
4.05 (6)
and
(7) (a)
; to repeal and recreate section
OT 1.02
; and to create sections
OT 3.06
(r),
4.02 (2) (j)
to
(r)
, and
4.02 (2) (intro.)
(Note), relating to occupational therapy practice standards.
Effective 10-1-14.
Effect on Small Business
These proposed rules will not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Legislative Comments
No comments were reported.
Safety and Professional Services —
Real Estate Examining Board
Effective 10-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Legislative Comments
No comments were reported.
Technical College System Board
An order to repeal sections
TCS 5.04 (1) (b)
and
(e) 2.
,
(2) (b)
,
(d) 3.
,
(j)
, and
(k)
,
(3) (b)
and
(d) 2.
, and
(4) (b)
,
(d) 2.
, and
(j)
and
5.05 (3)
; and to amend sections
TCS 5.04 (1) (e) 4.
,
(2) (d) 5.
,
(3) (d) 4.
, and
(4) (d) 4.
and
(i)
,
5.06
, and
5.09 (1)
and
(2)
, relating to facility development procedures.
Effective 10-1-14.
Effect on small business
None
Legislative Comments
No comments were reported.
