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Sept_-cover_S30
Wisconsin
Administrative
Register
No. 477
Publication Date: September 30, 1995
Effective Date: October 1, 1995
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TabCont_S30
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
Agriculture, Trade & Consumer Protection:
Hearing to consider ch. ATCP 116, relating to work recruitment schemes. (p. 5)
Hearings to consider amendments to ch. ATCP 70, relating to food processors. (p. 6)
Hearings to consider amendments to chs. ATCP 74 and 75, relating to retail food establishments. (p. 9)
Development:
Hearing to consider revision to ch. DOD 13, relating to volume cap on private activity bonds. (p. 12)
Health and Social Services:
Health, Chs. HSS 110--
Hearings to consider the revision of ch. HSS 110, relating to ambulance service providers and EMT's-basic. (p. 16)
Health and Social Services:
Economic Assistance, Chs. HSS 200--
Hearings to consider the revision of s. HSS 201.055 (7), relating to emergency assistance for AFDC families. (p. 17)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider an emergency rule amending ch. NR 10, relating to the 1995 migratory game bird season. (p. 17)
Natural Resources:
Environmental Protection--WPDES, Chs. NR 200--
Hearing to consider a revision to s. NR 212.40, relating to water quality standards for the Fox River. (p. 18)
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--
Hearing to consider a revision to ch. NR 408 and creation of s. NR 410.06, relating to emissions offsets. (p. 18)
Natural Resources:
Environmental Protection--Water Supply, Chs. NR 800--
Hearing to consider amendment to s. NR 812.31 (2) (b), relating to pitless adapters for use in private wells. (p. 19)
Veterans Affairs:
Hearing to consider amendment to s. VA 2.01, relating to various grant programs. (p. 20)
2) EMERGENCY RULES NOW IN EFFECT.
Emergency Response Board:
Rules relating to fees for transporting hazardous materials. (p. 21)
Employment Relations-Merit Recruitment & Selection:
Rules relating to layoff procedures for employes not covered by collective bargaining agreement. (p. 21)
Gaming Commission:
Rules adopted revising chs. WGC 9 and 24, relating to betting pools, animal drug testing, intertrack and simulcast wagering. [FIRST APPEARANCE] (p. 22)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 22)
Rules relating to licensed adult family homes. (p. 22)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to home health agencies. (p. 23)
Rules relating to qualifications of ambulance service medical directors. (p. 23)
Health & Social Services:
Economic Support, Chs. HSS 200--
Rules relating to emergency assistance for low-income families. (p. 24)
Rule relating to energy assistance for low-income families. (p. 24)
Health & Social Services:
Youth Services, Chs. HSS 300--
Rules relating to aftercare conduct and revocation. (p. 24)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule adopted revising ch. ILHR 48, relating to labeling of oxygenated fuels. [FIRST APPEARANCE] (p. 25)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings (p. 25)
Industry, Labor & Human Relations:
Barrier-Free Design, Ch. ILHR 69
Rule relating to accessible unisex toilet rooms. (p. 25)
Insurance, Commissioner of:
Rules relating to the patients compensation fund. (p. 26)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the 1995 migratory game bird season. (p. 26)
Public Defender:
Rules relating to indigency evaluation. (p. 26)
Rules relating to limiting private bar billable hours. (p. 26)
Rules adopted creating s. PD 3.039, relating to redetermination of indigency. [FIRST APPEARANCE] (p. 27)
Rules adopted revising ch. PD 6, relating to repayment of cost of legal representation. [FIRST APPEARANCE] (p. 27)
Public Instruction:
Rules relating to transfer pupils with exceptional educational needs. (p. 27)
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 27)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 28)
State Fair Park:
Rules relating to activities at the State Fair Park. (p. 28)
Transportation [Railroads] (Comm.):
Rules relating to intrastate railroad rate regulation. (p. 28)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Development:
(CR 95-121) - S. DOD 29
Development:
(CR 95-122) - Ch. DOD 19
Development:
(CR 95-123) - Ch. DOD 23
Development:
(CR 95-124) - Ch. DOD 24
Development:
(CR 95-125) - Ch. DOD 10
Development:
(CR 95-134) - SS. DOD 21.02, 21.03, 21.04 and 21.05
Health & Social Services:
(CR 94-200) - Chs. HSS 50 and 51
Insurance, Office of the Commissioner of:
(CR 95-129) - Chs. Ins 41, 50 and 52
Natural Resources:
(CR 94-182) - SS. NR 110.26 & 205.07 and chs. NR 200 & 204
Natural Resources:
(CR 95-73) - SS. NR 484.04, 485.02, 485.04 and 485.07
Natural Resources:
(CR 95-75) - S. NR 20.03 (1) (q) 1
Natural Resources:
(CR 95-99) - SS. NR 45.19, 46.16 and 46.30
Pharmacy Examining Board:
(CR 95-22) - SS. Phar 2.01, 3.01, 3.04, 4.02, 6.04, 7.01, 7.02,
7.06 and 8.05
Transportation, Dept. of:
(CR 95-126) - S. Trans 325.01 (intro.)
Transportation, Dept. of:
(CR 95-127) - S. Trans 326.01 (intro.)
Transportation, Dept. of:
(CR 95-128) - S. Trans 328.03
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
State Emergency Response Board:
(CR 95-52) - S. ERB 1.07 (5)
Health & Social Services:
(CR 95-89) - SS. HSS 133.02 (6g) and 133.03 (6) (b)
Industry, Labor & Human Relations:
(CR 94-172) - Chs. ILHR 20 to 25
Natural Resources:
(CR 95-29) - S. NR 10.01 (2) (g)
Revenue:
(CR 95-83) - S. Tax 12.065 (5) (b) 1 and 8
Transportation, Dept. of:
(CR 95-44) - Ch. Trans 103
Transportation, Dept. of:
(CR 95-96) - SS. Trans 2.015 (1) and 2.05 (1) (a)
5) FINAL REGULATORY FLEXIBILITY ANALYSES.
Corrections, Dept. of:
(CR 94-192) - S. DOC 309.56
Health & Social Services:
(CR 95-8) - Ch. HSS 207
Industry, Labor & Human Relations:
(CR 95-7) - Chs. ILHR 2 & 74
Industry, Labor & Human Relations:
(CR 95-36) - Ch. ILHR 100
Natural Resources:
(CR 94-128) - Ch. NR 114
Natural Resources:
(CR 95-23) - SS. NR 20.02 and 25.06
Natural Resources:
(CR 95-24) - Chs. NR 484 and 489
Natural Resources:
(CR 95-27) - S. NR 468.30
Physical Therapists Affiliated Credentialing Board:
(CR 94-220) - Chs. PT 1 to 8
Transportation, Dept. of:
(CR 95-82) - Ch. Trans 78
6) PUBLIC NOTICE.
Health & Social Services:
Public notice relating to Medical Assistance (MA) reimbursement for unusual high cost home care cases.
7) EXECUTIVE ORDERS.
Executive Order 254:
Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Three United States Diplomats who Recently Died in Bosnia-Herzegovina.
Executive Order 255:
Relating to a Special Session of the Legislature.
Executive Order 256:
Relating to Proclamation of a State of Emergency.
Executive Order 257:
Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half Staff as a Mark of Respect for the Honorable Donald J. Hanaway, Late Judge of the Circuit Court of Brown County.
Executive Order 258:
Relating to Amending A Special Session of the Legislature.
Executive Order 259:
Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for The Honorable John Plewa Late Senator of the Seventh Senate District of Wisconsin.
notice_head
N o t i c e S e c t i o n
Agriculture, Trade &
Consumer Protection
(Reprinted from 09-15-95
Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection will hold public hearings on a proposed Department rule relating to the regulation of work recruitment schemes (proposed ch. ATCP 116, Wis. Adm. Code).
Written Comments and Copies of Rule
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until November 3, 1995 for additional written comments.
A copy of the rule may be obtained, free of charge, from:
Division of Trade & Consumer Protection, (608) 224-4947
Wis. Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
Hearing Information
Four hearings are scheduled:
October 16, 1995   Board Room SR-106
Monday   Prairie Oak State Office Bldg.
Commencing at   2811 Agriculture Dr.
9:30 a.m.   Madison, WI
October 17, 1995   2nd Floor Conference Room
Tuesday   The Forum Building
Commencing at   3333 N. Mayfair Road
9:30 a.m.   Milwaukee, WI
October 18, 1995   Room 152 A
Wednesday   Wis. District Office Bldg.
Commencing at   200 N. Jefferson Street
9:30 a.m.   Green Bay, WI
October 19, 1995   Room 105
Thursday   Eau Claire State Office Bldg.
Commencing at 1:00 p.m.   718 W. Clairemont Avenue
  Eau Claire, WI
An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by October 6, 1995 either by writing to Judy Jung, P.O. Box 8911, Madison, WI 53708-8911 or by calling (608) 224-4972 or via the Division's TDD telephone (608) 224-5058. Handicap access is available at the hearings.
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: s. 100.20 (2)
Statute interpreted: s. 100.20
Currently, under ch. ATCP 116, Wis. Adm. Code, the Department of Agriculture, Trade and Consumer Protection (“Department”) regulates work recruitment schemes that are aimed at getting money from job applicants, not just recruiting them as workers. This rule strengthens and clarifies the Department's current rules, which have not been updated since 1962.
CURRENT RULES
The current rules apply when a business recruits workers to sell “products,” but requires them to make a “purchase or investment” in order to get the job. The current rules prohibit a recruiter from doing any of the following:
○ Requiring recruits to make a “purchase or investment” unless the recruitment ads disclose the purchase or investment requirement.
○ Misrepresenting the nature of the work or the amount that a worker will earn.
○ Selling sales kits, inventory or other “goods” to a recruited worker, unless all of the following apply:
○ The contract for the sale of goods is in writing, and a copy is furnished to the sales worker. The sale contract must state whether it is assignable.
○ The sale contract discloses the total price of the goods, including interest and other charges.
○ The sale contract describes the terms and conditions of the sales work for which the worker was recruited, including the nature of the work, the worker's rate of pay, the usual hours of work and any minimum work commitment.
○ The sale contract describes the “territory,” if any,which is assigned to the sales worker, and states whether the territory is exclusive.
PROPOSED RULE
This rule strengthens and clarifies the Department's current rules. Like the current rules, this rule regulates recruitment schemes that are aimed at getting money from job applicants, not just recruiting them as workers. This rule does not affect other businesses that recruit and hire workers.
Coverage
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