9. Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s. 227.114:

Health insurers doing an insurance business in Wisconsin do not qualify as small businesses and the effect of this rule alters the trigger dollar amount before an insured individual may access the independent review organization as it relates to health care for that insured. No small businesses will be effected by this rule.

10. If these changes will have a significant fiscal effect on the private sector, the anticipated costs possibly incurred by private sector:

There will not be a significant fiscal effect on the private sector. The change in the CPI assuming past trends in the CPI, would adjust the minimum cost or payment requirement approximately $5.00 annually. Further, since the first year of independent review that included a retroactive review period, the number of requests for independent review have been steady with approximately 160 requests for independent review last year. The Commissioner does not anticipate the annual adjustment in the minimum cost or payment will alter the number of requests for independent review.

11. Effect on Small Business: There should be no effect on small business. The rule proposes to adjust the minimum cost or payment with which an insured would need to meet prior to obtaining independent review, provided other statutory requirements are also met.

12. Agency contact person: A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110, Inger.Williams@OCI.State.WI.US or at 125 South Webster Street – 2nd Floor, PO Box 7873, Madison WI 53707-7873.

13. Place where comments are to be submitted and deadline for submission:

Julie E. Walsh

Legal Unit - OCI Rule Comment for Rule 18.10 (2)(d)

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Julie E. Walsh

Legal Unit - OCI Rule Comment for Rule 18.10 (2)(d)

Office of the Commissioner of Insurance

125 South Webster St – 2nd Floor

Madison WI 53702

The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in the Notice of Hearing.

There will be no state or local government fiscal effect.

This rule does not impose any additional requirements on small businesses.

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110, Inger.Williams@OCI.state.WI.US or at 125 South Webster Street – 2nd Floor, PO Box 7873, Madison WI 53707-7873.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.063, 29.335 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.063 and 29.335, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10 and 19, Wis. Adm. Code, relating to regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. The proposed rule will continue the ban on the placement of feed for deer in those areas at highest risk for chronic wasting disease (CWD), as required by 2003 Wisconsin Act 240. The proposed rule bans baiting and feeding in any county where CWD eradication zones or herd reduction zones have been established in the county or a portion of the county; or a CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county; or if the county or portion of the county is within a 10-mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997. Additional counties meeting these criteria may be included in the ban by Secretary's Order.

Additionally, this rule clarifies various terms and conditions that were established by Act 240. These clarifications are necessary in order to enforce and explain the rule and regulations pertaining to deer and bear baiting and feeding for the remainder of the state where baiting and feeding is not banned. Act 240 also extended the department's authority to regulate feeding of wildlife. This rule establishes restrictions for wildlife feeding and specifically deer feeding for areas where the feeding of deer is not prohibited.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at

SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 29.014, 29.063, 29.335, 29.336, 227.11 and 227.24, Stats., interpreting ss. 29.014, 29.063, 29.335 and 29.336, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. WM-35-04(E) relating to regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. This emergency order took effect on June 10, 2004. This emergency order continued the ban on the placement of feed for deer in those areas at highest risk for chronic wasting disease (CWD).

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Wednesday, August 25, 2004 at 7:00 p.m.

Resident Center

MacKenzie Environmental Education Center

W7303 County Highway CS

Poynette

Thursday, August 26, 2004 at 7:00 p.m.

North Central Voc. Technical School

1000 Campus Drive

Wausau

There are no anticipated county, village, town, school district, technical college district and sewer district fiscal liabilities and revenues associated with this rule or Act 240.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12, 30.123 and 22711 (2), Stats., interpreting ss. 30.12, 30.123 and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 320, Wis. Adm. Code, relating to the regulation of bridges and culverts in or over navigable waterways. Chapter NR 320 defines and describes design standards for two types of culvert replacements that qualify for exemptions in all waters other than “areas of special natural resource interest" (ASNRIs). The rule also establishes a general permit for clear span bridges over a navigable water less than 35 feet. Department staff will work with stakeholders to develop two additional general permits: non-exempt culvert replacements over a navigable water less than 35 feet in width and bridges supported only by culverts.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 30.19 (1d), (1g) (c), (1m), (3r) (a) 2. and (4) and 227.11 (2), Stats., interpreting ss. 30.19 (1d), (1g) (c), (1m), (3r) (a) 2. and (4), Stats., the Department of Natural Resources will hold public hearings on the repeal of ss. NR 340.02 (2), (8) and (19) and the creation of ch. NR 341, Wis. Adm. Code, relating to regulation of grading on the bank of a navigable waterway. Proposed ch. NR 341 determines what constitutes a “bank" for priority navigable waterways and other navigable waterways; establishes criteria to define those activities which need a grading permit, and specifies conditions under which general or individual permit coverage is required. The proposed rule recognizes the overlap between the requirements and standards of a ch. 30 grading permit and a ch. NR 216 stormwater construction site discharge permit. This rule specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner rights and property. Specifically, the proposal defines “bank" for priority navigable waterways and other navigable waterways, establishes a protocol for measuring the “bank", establishes two general permits for grading projects, and deletes obsolete definitions of “bank", “grade or otherwise remove" and “topsoil" from ch. NR 340.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 30.19 (1g) (a) and (am), (1m), (3r) (a) 1. and (4), 30.206 and 227.11 (2), Stats., interpreting ss. 30.19 (1g) (a) and (am), (1m), (3r) (a) 1. and 30.206, Stats., the Department of Natural Resources will hold public hearings on the repeal of ss. NR 340.02 (18) and (20) and the creation of ch. NR 343, Wis. Adm. Code, relating to the regulation of construction, dredging and enlargement of an artificial water body. Proposed ch. NR 343 recognizes artificial water bodies constructed for the purpose of meeting the performance standards under ch. NR 151 and allows such artificial water bodies to be eligible for a general permit under this chapter with several design standards. The proposed rule establishes general permits for three activities: wildlife ponds, landscape ponds and stormwater ponds. Proposed ch. NR 343 also clarifies jurisdiction for ponds located within 500 feet of a navigable waterway, and specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner's rights and property.

The proposed permanent rule differs from the current emergency rule in that it modifies the definition of “stormwater management pond" to clarity timeframe and purpose, clarifies that any constructed portion of a pond is subject to the 500 foot jurisdiction, adds general permit conditions to prevent fish entrapment and exclude mining, makes conditions more consistent for general permits and deletes conditions that restricted unconnected ponds within 500 feet of a public rights feature.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 30.20 (1), (1k), (1t) and (2), 30.206 and 227.11 (2), Stats., interpreting ss. 30.20 (1), (1g), (1k), (1m), (1t) and (2) and 30.206, Stats., the Department of Natural Resources will hold public hearings on the creation of ch. NR 345, Wis. Adm. Code, relating to dredging in navigable waterways. Proposed ch. NR 345 cross-references the rules for exempt structures where the standards for associated dredging are set. It also sets standards under which hand-held dredging activities are exempt which include: not in an area of special natural resource interest or a public rights feature; may not contain hazardous substances; dredged material disposed of in uplands or approved solid waste facility, erosion control best management practice utilized; and not more than 4 cubic yards of material removed or displaced. Proposed ch. NR 345 also establishes general permits for installation of utility lines and maintenance dredging of up to 3000 cubic yards in established drainage districts. The standards are similar to those required for exemptions above but have some additional standards specific to the activity being conducted including compliance with DATCP rules for drainage districts.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.

b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.

c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.

While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.

The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 3:00 p.m. to 5:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, August 31, 2004 at 6:00 p.m.

Video conference participation will be available at:

Pyle Center, UW-Madison

702 Langdon Street

Madison

Room 332, Chippewa Valley Tech College

620 W. Clairemont Ave.

Eau Claire

Rooms 285 & 271, UW-Washington Co.

400 University Dr.

West Bend

Wednesday, September 1, 2004 at 6:00 p.m.

Video conference participation will be available at:

Pyle Center, UW-Madison

702 Langdon Street

Madison

Wis. Indianhead Tech. College