Reviewing Certification Ratings
Under this rule, a DATCP field engineer must review the certification rating of every agricultural engineering practitioner at least once every 3 years. A field engineer must also review a certification rating at the request of the person certified. A field engineer may not reduce a rating without good cause, and all reductions must be in writing.
Suspending or Revoking Certification
Under this rule, DATCP may suspend or revoke a certification for cause. DATCP may summarily suspend a certification, without prior notice or hearing, if DATCP makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare. The practitioner may request a formal hearing under ch.
227, Stats.
County and Local Ordinances
General
Farm conservation requirements adopted by a county, city, village, town or local governmental unit must be reasonably consistent with this rule. DATCP must review, and may comment on, proposed county ordinances requiring farm conservation practices. DATCP will review agricultural shoreland management ordinances and other ordinances that regulate farm conservation practices. DATCP will assist DNR in reviewing general shoreland management ordinances adopted under s.
59.692, if those ordinances regulate farm conservation practices.
Counties must submit relevant ordinances for review. They need not obtain DATCP approval of their proposed ordinances, except in specific cases provided by statute. This rule, like current rules, establishes specific standards for county and local ordinances related to manure storage and agricultural shoreland management (see below).
Manure Storage Ordinances
A county, city, village or town may enact a manure storage ordinance under s.
92.16, Stats. Current rules spell out standards for manure storage ordinances. This rule incorporates those standards without change.
Under this rule, a county or local manure storage ordinance adopted under s.
92.16, Stats., must require persons constructing manure storage systems to obtain a county or local permit. A person constructing a manure storage system must have a nutrient management plan that complies with this rule, and must comply with applicable design and construction standards.
A manure storage ordinance may prohibit any person from abandoning a manure storage system unless that person submits an abandonment plan and obtains an abandonment permit. The rule spells out suggested abandonment requirements for those ordinances that regulate abandonment.
Agricultural Shoreland Management Ordinances
A county, city, village or town may enact an agricultural shoreland management ordinance under s.
92.17, Stats., with DATCP approval. Current rules spell out standards for agricultural shoreland management ordinances. This rule adopts the current rules without change. DATCP must seek DNR and LWCB recommendations before it approves an ordinance or amendment, except that DATCP may summarily approve an ordinance amendment that presents no significant legal or policy issues.
Local Regulation of Livestock Operations
A local governmental unit may regulate livestock operations under s.
92.15, Stats., and other statutes. Local regulations must comply with s.
92.15, Stats., as applicable.
Waivers
DATCP may grant a waiver from any standard or requirement under this rule if DATCP finds that the waiver is necessary to achieve the objectives of this rule. The DATCP secretary must sign the waiver. DATCP may not waive a statutory requirement.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP has received permission from the attorney general and the revisor of statutes to incorporate by reference in this rule NRCS technical guide standards, ASAE engineering practice standards, DNR construction site erosion control standards, the UW- extension pollution control guide for milking center waste water management, and the UW-extension guide on rotational grazing. Copies of these standards are on file with the department, the secretary of state and the revisor of statutes, but are not reproduced in this rule. Where technical standards have changed, DATCP is seeking permission from the attorney general and the revisor of statutes to incorporate by reference the modified standards.
NRCS technical guide nutrient management standard 590 is attached as Appendix D to this rule. Appendix B contains a summary of UWEX publication A-2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops (copyright 1998), for selected crops. The department is seeking permission from the attorney general and revisor of statutes to incorporate the complete UWEX publication by reference in this rule. The complete publication and the summary are available from UW-extension, and will be on file with the department, the secretary of state and the revisor of statutes.
Fiscal Estimate
See page 22 mid-August 2001, Wis. Adm. Register
Environmental Assessment
The department has prepared a preliminary environmental assessment for this administrative rule. The assessment finds that the proposed repeal and recreation of chapter ATCP 50 would have no significant adverse environmental impact and is not a major state action significantly affecting the quality of the human environment. It is expected that the proposed rule will have a positive impact on protecting soil resources and improving and protecting water quality. Alternatives to this proposed rule, discussed in the assessment, will not reach program goals as effectively as the proposed rule. No environmental impact statement is necessary under S.
1.11 (2), Stats.
You may obtain a free copy of the environmental assessment by contacting Bonnie Shebelski at the Wisconsin Department of Agriculture, Trade and Consumer Protection, Bureau of Land and Water Resources, 2811 Agricultural Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911, telephone: 608/224-4620. Copies will also be available at the hearings.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
443.06 (2) (am), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend s.
A-E 6.04 (2) (b), relating to the number of required semester credits in land surveying for an applicant applying with a bachelor's degree in civil engineering.
Hearing Date, Time and Location
Date: October 11, 2001
Time: 10:00 A.M.
Location:
1400 East Washington Avenue
Room 180
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by October 25, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Current rules of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors require a land surveyor applicant applying with a degree in civil engineering of not less than 4 years duration from a college or university, to have only 12 credits in courses concentrating on land surveyor education. The proposed rule will require a candidate to complete core land surveying courses that the Land Surveyors Section deems necessary as the minimal competency educational standard for the protection of the health, safety and welfare of the citizenry of Wisconsin.
Text of Rule
SECTION 1. A-E 6.04 (2) (b) is amended to read:
A-E 6.04 (2) (b) Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state where the college or university is located. The curriculum shall include no less than 12 24 semester credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats.
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, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Department of Employee Trust Funds
The Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule, which amends ss.
ETF 20.04 (1),
(2) and
(3) and
20.05 (title),
(1) and
(2), Wis. Adm. Code, relating to joint and survivor annuity reduced 25% upon death of annuitant or named survivor in accordance with the provisions of s.
227.16 (1), Wisconsin Statutes.
Hearing Date, Time and Location
Date: September 13, 2001
Time: 1:00 P.M.
Location:
801 West Badger Road
Room 2B
Madison, Wisconsin
The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, September 14, 2001, to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Linda Owen, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wisconsin Department of Employee Trust Funds
Some Wisconsin Retirement System (WRS) annuity options are defined by administrative rule, as authorized by Wis. Stats. s.
40.24 (1) (g). Section
ETF 20.04 (1) creates an option for a joint and survivor annuity with payments reduced by 25% upon the death of either the participant or the joint survivor named on the original annuity application. At present, this reduction affects the annuity payment for the month in which either the participant or the named survivor dies. Since the effect is currently retroactive to the first of the month, when the joint survivor dies an overpayment to the participant routinely occurs, requiring collection efforts or other adjustments. The proposed rulemaking will amend s.
ETF 20.04 (1) to specify that a reduction in payment due to the death of the named survivor will not take effect until the end of the month in which the death occurs. No change is proposed with respect to the reduction resulting from the death of the participant; this avoids any conflict with the portion of Wis. Stats. s.
40.02 (5) concerning the last payment of an annuity due to an annuitant.
The proposed rulemaking will include several non-substantive, technical amendments that will conform the rules to changes in terminology used by the department, correct cross-references to renumbered statutes and conform the language of the rules to newly defined terms. The proposed rulemaking will amend terminology in s.
ETF 20.04 (1) and
(2) to conform the rules to the newly defined terms “joint and survivor annuity" and “named survivor" found in Wis. Stats. s.
40.02 (39r) and
(41r), created by
1997 Wis. Act 110.
One type of annuity available from the WRS is intended to provide enhanced WRS benefits until the annuitant becomes eligible for Social Security benefits at age 62. It is the intent of this option that the annuitant's total anticipated income from both the WRS and Social Security will be the same each month, both before and after reaching age 62. This type of annuity was previously called a “Social Security Integrated" annuity. The department has now adopted the term “Accelerated Payment Annuity" to describe this option, to preclude the misperception that this option involves the department interacting with the Social Security Administration to coordinate and calculate this benefit. The proposed rulemaking will amend ss.
ETF 20.04 (3) and
20.05 (1), to replace the description “social security integrated annuity" with the terminology “accelerated payment annuity" to describe the temporary annuity authorized by Wis. Stats. s.
40.24 (1) (e).
The proposed rulemaking will add “alternate payee" to the list of persons in s.
ETF 20.05 who may not choose the accelerated annuity option described in Wis. Stats. s.
40.24 (1) (e), if the result would be that the amount of the lifetime annuity would be less than a specified threshold. This reflects the harmonizing of the accelerated payment option under Wis. Stats. s.
40.24 (1) (e) with the threshold in Wis. Stats. s.
40.25 (1) (a) for payment of a life annuity. The dollar amount of this threshold is indexed annually by the salary index defined in Wis. Stats. s.
40.02 (52). The proposed rulemaking will also update the stated dollar amount of the threshold ($25 in 1982) to the present indexed amount ($129 in 2001).
Authority for Rule
Initial Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district and sewerage district fiscal liabilities and revenues. The rule itself has no anticipated state fiscal effect during the current biennium and no future side effect on state funds. The department's actuary has indicated that the proposed rule would have such a negligible effect on the benefit liabilities of the annuity reserve for this annuity option that no change to the actuarial factor used to calculate this option would be necessary.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone (608) 266-1071. For questions about this rule making, please call Linda Owen, Policy Analyst, Division of Retirement Services, at (608) 261-8164.
Notice of Hearing
Health and Family Services
(Community Services - HFS 30-)
Notice is hereby given that, pursuant to ss.
51.61 (9) and
227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing on both the Department's emergency rulemaking order and proposed permanent order amending s.
HFS 94.20 (3), relating to the rights of patients to make telephone calls.
Hearing Date, Time and Location
Date: September 12, 2001
Time: 10:30 a.m.
Location:
Conference Room B-145
State Office Building
