Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 6. The board may revoke any temporary variance for cause, including, but not limited to, a finding that the temporary variance poses or may pose a threat to public health, safety, or welfare. The person requesting the temporary variance has the obligation to report any such potential threat to the board immediately upon the discovery of such potential threat, or as soon as possible after such discovery. (Indiana Board of Pharmacy; 856 IAC 1-36-6; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-7 Public notice
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 7. The board shall give public notice of requests for temporary variances at not less than two (2) consecutive regular meetings before voting to grant or deny a request for a temporary variance. (Indiana Board of Pharmacy; 856 IAC 1-36-7; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-8 Justification of denial
Authority: IC 25-26-13-4
Affected: IC 25-26-13
Sec. 8. The board shall set forth in writing its reasons for granting or denying a temporary variance. (Indiana Board of Pharmacy; 856 IAC 1-36-8; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
856 IAC 1-36-9 Copies of requests
Authority: IC 25-26-13-4
Affected: IC 25-26-13-5
Sec. 9. The executive director shall retain copies of all requests for temporary variances and the board's reasons for granting or denying requests as part of the record of it proceedings maintained under IC 25-26-13-5. (Indiana Board of Pharmacy; 856 IAC 1-36-9; filed Jul 23, 1998, 4:43 p.m.: 21 IR 4535; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330)
Summary of factual data and analytical methodologies
The Pharmacy Examining Board chose a regulatory approach that aims to achieve balance in maintaining licensure standards without eliminating access to pharmacy services at a time when those services may be needed. Board members have been asked by other members of the profession about how operations might continue when a pharmacy is damaged or operations are thwarted because of disasters, like a fire or tornado damage. The statutes and rules were analyzed to determine if the variance provisions currently provided would be sufficient to address disasters. The conclusion of the board was that a variance for disaster situations should be explicitly recognized in the rules.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have no impact on the department's funds.
Effect on small business
Pursuant to s.
227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at
chris.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Phone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the addresses listed above. Comments must be received on or before April 25, 2005 to be included in the record of rule-making proceedings.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
341.255, Stats., and interpreting s.
341.255 (3), Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of April, 2005 at 1:30 PM, to consider the amendment of ch.
Trans 196, Wisconsin Administrative Code, relating to the convenience fee for telephone vehicle registration renewal.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: S.
Trans 196.04 (1) (d) establishes the convenience fee for telephone vehicle registration renewal. DOT now offers internet renewal as well as telephone registration renewal service, and this proposed rule is amended to reflect this service option. In addition, DOT has entered into a new vendor contract for this service. Under the contract terms, DOT's per-transaction cost may vary on a yearly basis. The proposed rule is amended to clarify that DOT will charge the customer a transaction fee that approximates DOT's cost to provide that transaction, and that the DOT will determine the per-transaction fee on a yearly basis. DOT will publish the current fee on DOT's web site and IVR message, instead of needing to undertake continual rule making to change the fee on a yearly basis.
Section
Trans 196.04 (1) (a),
(b) and
(c) establish the fee for special handling of vehicle title and registration transactions. The proposed rule increases the fee from $4 to $5 for title and title/registration transactions, and from $2 to $3 for registration-only transactions. This fee equals the fee a person pays for in-person counter service at DMV customer service centers. This rule making is required by s.
341.255, Stats.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: No federal rules govern or apply to this rule making. Service delivery methods and fees are solely a state determination.
Comparison with Rules in Adjacent States:
Michigan: Michigan allows on-line and telephone registration renewal.
Minnesota: Minnesota requires a $3.00 handling fee for on-line renewal using credit card. In addition, Minnesota requires a $4.50 service fee for renewal transactions, and a $7.00 service fee for all other vehicle transactions.
Illinois: Illinois requires a $1.75 convenience fee for on-line renewal.
Iowa: Iowa requires a convenience fee when renewing on-line. In addition, Iowa title and registration transactions by county treasurers may involve a service fee.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department of Transportation has entered into a new contract with a vendor to provide the telephone and internet renewal service. The contract provides a methodology for payment to the vendor that requires DOT to revise its method of establishing the customer convenience fee. Since the process to amend a rule is time-consuming, the DOT has chosen the approach of publishing the fee on its internet web site and on the IVR message, rather than by administrative rule change. DOT continues to determine a transaction fee that approximates DOT's cost to provide that transaction. DOT will determine the per-transaction fee on a yearly basis. In determining the fee per transaction for the current year, the Department will review the total cost of the service, the number of transactions and other material factors from the previous year.
Approximately 90,500 vehicle registration transactions used the fast service option in FY 2004. Fast-service transactions represent only about 4% of all title/registration work that DMV processes. However, a fast service transaction requires DMV staff to stop working on regular mailed-in applications and immediately process the fast-service transaction. This represents attention that is equivalent to immediate in-person service that a person receives at a DMV customer service center. The fast-service transaction fee has not been increased in over 20 years, while the in-person counter service fee has been increased. An increase of $1 in the fast service fee would generate $90,500 increased revenue annually to the Transportation Fund, and would equal the counter service fee for in-person transactions.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The Department of Transportation anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department of Transportation estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates there will be a $90,500 increase in revenue to the Transportation Fund annually, as a result of increasing fast service fees. No added costs will be incurred by the private sector to comply with this rule. Fast service is an optional service similar to in-person service, and use of fast service is voluntary similar to in-person service. Fast service is not required of any customer. The proposed rule establishes no additional compliance, bookkeeping, or reporting requirements of any customer.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson P. Frazier, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253 Hill Farms, P.O. Box 7911, Madison WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
