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DEC_--Cover_D31
Wisconsin
Administrative
Register
No. 480
Publication Date: December 31, 1995
Effective Date: January 1, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC_D31
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
Barbering & Cosmetology Examining Board:
Hearing to consider s. BC 2.03 (7), relating to standards of conduct. (p. 5)
Gaming Commission:
Hearings to consider creation of ch. WGC 45, relating to raffles. (p. 5)
Health & Social Services:
Health, Chs. HSS 110--
Hearing to consider amendment of ss. HSS 122.06 and 122.07, relating to 3 pilot projects. (p. 6)
Hearing to ch. HSS 182, relating to lead poisoning prevention project. (p. 7)
Industry, Labor & Human Relations:
Credentials, Ch. ILHR 5
Hearing to consider ch. ILHR 5, relating to credentials. (p. 8)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider s. NR 19.02, relating to handling fees for Department approvals. (p. 9)
Hearing to consider s. NR 19.30, relating to criminal history checks on all safety program volunteer instructors. (p. 10)
Hearing to consider revision to chs. NR 20, 21, 22, 23 and 26, relating to sport and commercial fishing and fish refuges. (p. 11)
Hearings to consider revision to ss. NR 28.03 and 28.04, relating to wild ginseng. (p. 12)
Hearings to consider rules in ch. NR 51, relating to administration of the Heritage State Park and Forest Trust grants. (p. 13)
Public Defender:
Hearing to consider several rules, relating to cost of legal representation. (p. 13)
Hearing to consider revision to ch. PD 3, relating to cost of counsel and partial indigency. (p. 14)
Hearing to consider rules relating to certification of private attorneys for appellate cases and certification equivalent for staff attorneys. (p. 14)
Regulation & Licensing:
Hearing to consider ch. RL 1, relating to procedures on denial of credentials. (p. 15)
Hearing to consider amendment to s. RL 2.02 and creation of ch. RL 9, relating to credential renewal and delinquent taxes. (p. 17)
Revenue:
Proposed revision to ss. Tax 2.09, 2.105 and 2.12 and creation of s. Tax 3.94, relating to claims for refund, reproduction of forms and federal audit adjustments. (p. 18)
Proposed s. Tax 2.31, relating to compensation of non-resident members of professional athletic teams. (p. 22)
2) EMERGENCY RULES NOW IN EFFECT.
Development:
Rules adopted revising ch. DOD 15, relating to the Community-Based Economic Development Program. [FIRST APPEARANCE] (p. 25)
Emergency Response Board:
Rules adopted creating ch. ERB 5, relating to a grant for local emergency planning committees. [FIRST APPEARANCE] (p. 25)
Gaming Commission:
Rules relating to betting pools, animal drug testing, intertrack and simulcast wagering. (p. 25)
Rules relating to the conduct of raffles. (p. 26)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 26)
Rules relating to licensed adult family homes. (p. 26)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to qualifications of ambulance service medical directors. (p. 27)
Rules relating to estate recovery under aid programs. (p. 27)
Rules adopted revising ss. HSS 122.06 and 122.07, relating to 3 pilot projects. [FIRST APPEARANCE] (p. 28)
Rules adopted creating ch. HSS 182, relating to lead poisoning prevention grants. [FIRST APPEARANCE] (p. 28)
Health & Social Services:
Youth Services, Chs. HSS 300--
Rules relating to aftercare conduct and revocation. (p. 28)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 29)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 29)
Industry, Labor & Human Relations:
Barrier-Free Design, Ch. ILHR 69
Rule relating to accessible unisex toilet rooms. (p. 29)
Insurance, Commissioner of:
Rules relating to fees for listing agents and to the renewal of corporation licenses. (p. 30)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the 1995 migratory game bird season. (p. 30)
Public Defender:
Rules relating to redetermination of indigency. (p. 30)
Rules relating to repayment of cost of legal representation.
(p. 30)
Rules relating to payment of attorney fees. (p. 30)
Public Instruction:
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 31)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 31)
Regulation & Licensing:
Rules relating to license renewal when delinquent taxes exist. (p. 31)
Revenue:
Rules adopted revising ch. Tax 18, relating to assessment of agricultural property in 1996. [FIRST APPEARANCE] (p. 32)
State Fair Park:
Rules relating to activities at the State Fair Park. (p. 32)
Transportation [Railroads] (Comm.):
Rules relating to intrastate railroad rate regulation. (p. 32)
Transportation (Dept.):
Rule relating to the urban mass transit operating assistance program. (p. 33)
Rule adopted revising ch. Trans 131, relating to motor vehicle inspection and maintenance program. [FIRST APPEARANCE] (p. 33)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Health & Social Services:
(CR 95-155) - S. HSS 110.045
Health & Social Services:
(CR 95-174) - S. HSS 157.035
Natural Resources:
(CR 95-102) - S. NR 165.06 (2) (b), (6) and (7) (a)
Natural Resources:
(CR 95-165) - S. NR 212.40
Public Defender:
(CR 95-170) - SS. PD 6.01, 6.02, 6.03, 6.04 and 6.05
Public Defender:
(CR 95-171) - S. PD 3.039
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Administration:
(CR 95-18) - Ch. HSS 177 and ch. Adm 65
Dentistry Examining Board:
(CR 95-54) - S. DE 12.01 (3)
Gaming Commission:
(CR 95-144) - SS. WGC 9.11, 9.12, 9.14, 9.17 & 14.11 and
ch. WGC 24
Natural Resources:
(CR 95-48) - Ch. NR 149 and ss. NR 219.04, 219.05,
219.06 & 700.13
Public Defender:
(CR 95-116) - SS. PD 3.02, 3.03, 3038, 3.055 and 3.06
Public Service Commission:
(CR 94-160) - Ch. PSC 132
Transportation, Dept. of:
(CR 95-137) - Ch. Trans 278
Transportation, Dept. of:
(CR 95-145) - SS. Trans 276.07 (5m) and 276.09 (3)
5) FINAL ReGULATORY FLEXIBILITY ANALYSES.
1. Agriculture, Trade & Consumer Protection:
(CR 95-057) - Ch. ATCP 92
2. Employe Relations--Merit Recruitment & Selection:
(CR 95-101) - Ch. ER-MRS 22
3. Health & Social Services:
(CR 94-200) - Ch. HSS 51
4. Industry, Labor & Human Relations:
(CR 94-116) - Chs. ILHR 50 to 64 and 72
5. Industry, Labor & Human Relations:
(CR 94-170) - Ch. ILHR 129
6. Insurance, Office of the Commissioner of:
(CR 95-105) - SS. Ins 17.01 and 17.28
7. Insurance, Office of the Commissioner of:
(CR 95-111) - S. Ins 3.39
8. Insurance, Office of the Commissioner of:
(CR 95-129) - Chs. Ins 41, 50 and 52
9. Natural Resources:
(CR 94-56) - Chs. NR 400-- series
10. Natural Resources:
(CR 95-35) - Ch. NR 445
11. Natural Resources:
(CR 94-182) - Chs. NR 110, 200, 202, 204 & 205
12. Natural Resources:
(CR 95-73) - Chs. NR 484 and 485
13. Revenue:
(CR 95-65) - Chs. Tax 2 and 3
14. Savings & Loan--Savings Banks:
(CR 94-169) - S. SB 16.03
15. Securities, Office of the Commissioner of:
(CR 95-158) - Chs. SEC 2, 4, 5, 7 & 9
16. Social Workers, Marriage & Family Therapists and
Professional Counselors Examining Board:

(CR 95-55) - S. SFC 3.11
17. Transportation, Dept. of:
(CR 95-126) - S. Trans 325.01 (intro.)
18. Transportation, Dept. of:
(CR 95-127) - S. Trans 326.01 (intro.)
19. Transportation, Dept. of:
(CR 95-128) - S. Trans 328.03 (title) and (intro.)
6) PUBLIC nOTICes.
Health & Social Services:
Public notice relating to Medical Assistance reimbursement of hospitals for inpatient hospital services. (p. 39)
Health & Social Services:
Public notice relating to Medical Assistance reimbursement of hospitals for outpatient and inpatient hospital services. (p. 39)
Commissioner of Banking
Commissioner of Credit Unions
Commissioner of Savings & Loan:


Public notice relating to required interest rate on residential mortgage loan escrow accounts (p. 40)
7) eXECUTIVE ORDERs.
Executive Order 264:
Relating to Calling to Active Service Elements of the Wisconsin National Guard.
Executive Order 265:
Relating to Calling to Active Service Elements of the Wisconsin National Guard.
Notices_D31
N o t i c e S e c t i o n
Barbering & Cosmetology
Examining Board
Notice is hereby given that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 440.03 (1) and (1m), Stats., and interpreting s. 454.15 (2) (i), Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. BC 2.03 (7), relating to standards of conduct.
Hearing Information
February 5, 1996   Room 179A
Monday   1400 E. Washington Ave.
10:00 a.m.   Madison, WI
Written Comments
Interested people are invited to present information at the hearing. People 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:
Office of Administrative Rules
Dept. of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by February 19, 1996 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 and 440.03 (1) and (1m)
Statute interpreted: s. 454.15 (2) (i)
In this proposed rule-making order, the Barbering and Cosmetology Examining Board creates s. BC 2.03 (7) to clarify that inappropriate sexual contact with a patron is a violation of the practice standards of the profession and is a basis for disciplinary action.
Text of Rule
SECTION 1. BC 2.03 (7) is created to read:
BC 2.03 (7) Licensees shall refrain from engaging in sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patron. For the purposes of this section, a person is a patron from the time of entry into the establishment or other area where services are performed until the person leaves those premises. In addition, sexual assault of a prior or current patron or of a co-worker or employee shall constitute a violation of practice standards. Sexual harassment of co-workers or employes shall constitute a violation of practice standards.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Department of Regulation and Licensing
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Gaming Commission
Notice is hereby given that pursuant to s. 561.02, Stats., and interpreting ss. 563.92 (1) and (1m), 563.93 and 563.935, Stats., the Wisconsin Gaming Commission will hold public hearings at the Wisconsin Gaming Commission's Capitol Office situated at 150 East Gilman Street, in the city of Madison, Wisconsin, on Monday, the 8th day of January, 1996, at 10:00 a.m. and on Monday, the 5th day of February, 1996 at 10:00 a.m., to consider the creation of ss. WGC 45.01, 45.02, 45.03, 45.04 and 45.05; Wis. Adm. Code, relating to licensing requirements for the conduct of a raffle. Attendance at this meeting is not mandatory for raffle license holders.
Analysis Prepared by the Wisconsin Gaming Commission
WGC 45.01 is created to provide a purpose statement related to the granting of raffle licenses.
WGC 45.02 is created to provide distinction between a Class A raffle license and a Class B raffle license. The determining factor between the two licenses is that a Class A raffle ticket can be sold prior to drawing date and a Class B raffle ticket can only be sold on the same day of the raffle drawing.
WGC 45.03 is created to establish the requirements of a Class A raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.
WGC 45.04 is created to establish the requirements of a Class B raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.
WGC 45.05 is created to establish the license fees as provided under s. 563.92 (1), Stats.
Emergency Rules
The rules will be promulgated as emergency rules effective the date of publication in the official state newspaper. The projected date of publication is November 17, 1995.
Initial Regulatory Flexibility Analysis
There is no effect on small businesses.
Reference to Applicable Forms
Not applicable.
Fiscal Estimate
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