6. Summary of, and Comparison with, Existing or Proposed Federal Regulations. There is no existing or proposed federal regulation that addresses the Safety and Buildings Division's issuance of stop work and stop use orders for the protection of public safety and health, or the department's processing of petitions for variance.
7. Comparison with Rules in Adjacent States. An Internet search of adjacent states' rules found the following information relating to the issuance of stop work and stop use orders for the protection of public safety and health, and to the issuance of petitions for variance.
The Illinois Department of Public Health, Division of Environmental Health, can issue stop work orders under the department's asbestos licensing program. The Illinois Environmental Protection Agency can issue stop work orders for non-compliance with loan or grant conditions and procedures under the agency's Brownfields Redevelopment Program and Public Water Supply Program. The Illinois Environmental Protection Agency can issue petitions for variance for relief from environmental regulations under certain circumstances.
Under the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board regulations, an inspector has the right to stop installation work if standards for new tanks are not followed by the installer. Iowa's Administrative Code contains standards and a process for state departments to grant individual waivers from rules in response to a completed petition.
Under Michigan's Food Law, Public Act 92, a stop work order can be issued against a proposed food establishment if applicable rules for the alteration or construction of the establishment are not met. The Michigan Department of Labor and Economic Growth Construction Code contains rules for the issuance of stop work orders, when work is being done contrary to the provisions of the code or in a dangerous or unsafe manner, under the Building Code, Plumbing Code, Mechanical Code and Existing Building Code. The Michigan Electrical Code allows for the placement of a red tag on any electrical equipment that is found imminently dangerous to human life or property. The Michigan Department of Consumer and Industry Services can issue variances to the department's occupational safety and health standards.
The Minnesota Department of Administration State Building Code contains rules for the issuance of stop work orders when work is being done contrary to the provisions of the code or in a dangerous or unsafe manner. The Minnesota State Building Code includes rules for plumbing, mechanical, electrical, energy, fuel gas, and existing buildings. Minnesota's administrative rules contain requirements and a process for state agencies to grant waivers and variances to any rule, except for a rule that incorporates a statutory requirement.
8. Summary of Factual Data and Analytical Methodologies. There were no factual data or analytical methodologies used to develop the proposed rules.
9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Relative to the stop work and stop use procedures, the rules will affect any business that must comply with the administrative codes enforced by the Safety and Buildings Division. Relative to the petition for variance procedures, the rules will affect any business that must comply with the administrative codes enforced by any of the divisions within the department.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses.
No. Rules not submitted to Small Business Regulatory Review Board
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing rules relating to protecting public safety and health in public buildings, places of employment and one- and 2-family dwellings. The proposed rules do not contain any changes in the division's fees charged for administering and enforcing those rules, including the issuance of a stop work or stop use order. Also, the proposed rules will not create any additional workload costs for the department. Therefore, the proposed rules will not have any fiscal effect on the department.
The proposed rules will not have a significant fiscal effect on the private sector. Enforcement of the proposed stop work/stop use rules may result in increased costs for a specific construction project or activity if the construction or activity is ordered to stop for a significant length of time.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearing
Financial Institutions - Banking
Financial Institutions - Savings Banks
Financial Institutions - Savings and Loan
NOTICE IS HEREBY GIVEN That pursuant to 220.04 (8), 214.03 (2), 214.715 (1) (d), 215.02 (18) and 227.11 (2), Stats., and interpreting 220.04 (8), 214.03 (1) and 215.02 (18), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor the city of Madison, Wisconsin, on the 27th day of June, 2005 at 1:30 p.m. to consider a rule to create ss. DFI—Bkg 3.08 and DFI—SB 16.04, and ch. DFI—SL 22 relating to debt cancellation contracts and debt suspension agreements.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Statute(s) interpreted: ss. 220.04 (8), 214.03 (1) and 215.02 (18), Stats.
Statutory authority: ss. 220.04 (8), 214.03 (2), 214.715 (1) (d), 215.02 (18) and 227.11 (2), Stats.
Related statute or rule: None.
Explanation of agency authority: Pursuant to chs. 214, 215, 220 and 221, the department regulates Wisconsin-chartered savings banks, savings and loan associations, and banks.
Summary of proposed rule: The objective of the rule is to create ss. DFI—Bkg 3.08 and DFI—SB 16.04, and ch. DFI—SL 22 relating to debt cancellation contracts and debt suspension agreements. The purpose of this rule is to authorize Wisconsin-chartered banks, savings banks, and savings and loan associations to provide debt cancellation contracts and debt suspension agreements in the same manner that such products are provided by federally-chartered banks, savings banks, and savings and loan associations. The rule assists Wisconsin-chartered banks, savings banks, and savings and loan associations in remaining competitive with federally chartered banks, savings banks, and savings and loan associations regarding these products. The rule provides definitions; identifies prohibited practices; and sets forth certain requirements regarding fees, disclosures, and safety and soundness practices. The promulgation of this rule has been approved by the Banking Review Board and the Savings Institution Review Board.
Summary of and preliminary comparison with existing or proposed federal regulation: 12 CFR 37, Office of Thrift Supervision Opinion Letter 9/15/93 and Office of Thrift Supervision Opinion Letter 12/18/95 provide federal regulations and guidance similar to the proposed rule.
Comparison with rules in adjacent states: Illinois (Interpretative Letter 94-011), Michigan (Declaratory Ruling 04-053-N), Minnesota (wild card statute) and Iowa (incidental powers statute) all authorize the providing of debt cancellation contracts and debt suspension agreements.
Summary of factual data and analytical methodologies: The department reviewed federal regulations relating to debt cancellation contracts and debt suspension agreements, as well as rules adopted by other states regarding the same.
Analysis and supporting documentation used to determine effect on small business: State-chartered banks, savings banks, and savings and loan associations do not meet the criteria of a small business. The rule has, therefore, no effect on small business.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org.
Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.
Notice of Hearing
Financial Institutions - Credit Unions
NOTICE IS HEREBY GIVEN That pursuant to ss. 186.115(2), 186.235(8) and 227.11(2), Stats., and interpreting ss. 186.115(1) and 186.235(21), Stats., the Office of Credit Unions will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor in the city of Madison, Wisconsin, on the 27th day of June, 2005, at 2:30 p.m. to consider a rule to create ch. DFI—CU 74, relating to incidental powers activity authority parity with federal credit unions.
Analysis Prepared by the Office of Credit Unions.
Statute(s) interpreted: ss. 186.115 (1) and 186.235 (21), Stats.
Statutory authority: ss. 186.115 (2), 186.235 (8) and 227.11 (2), Stats.
Related statute or rule: None.
Explanation of agency authority: Pursuant to ch. 186, Stats., the Wisconsin Office of Credit Unions regulates state-chartered credit unions.
Summary of proposed rule: The objective of the rule is to create ch. DFI—CU 74 relating to incidental powers activity authority parity with federal credit unions. The purpose of this rule is to permit Wisconsin-chartered credit unions to provide certain loan-related products in the same manner that such products are provided by federally-chartered credit unions. The promulgation of this rule has been approved by the Credit Union Review Board.
Summary of and preliminary comparison with existing or proposed federal regulation: NCUA Rules and Regulations Part 721 authorizes a federal credit union to engage in activities incidental to its business.
Comparison with rules in adjacent states: Illinois (Authorizing Letter 05/07/02), Michigan (Interpretive Memorandum 06/18/04 and Declaratory Ruling 04-053-M), Minnesota (parity statute) and Iowa (parity statute) all authorize the providing of debt cancellation contracts and debt suspension agreements.
Summary of factual data and analytical methodologies: No factual data or analytical methodologies were necessary for the rule.
Analysis and supporting documentation used to determine effect on small business: The rule does not have an effect on small business.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org.
Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.
Notice of Hearings
Health and Family Service
(Health, Chs. 110—)
NOTICE IS HEREBY GIVEN That pursuant to ss. 146.50 (6g) (a), (13) (a) and (b), and 227.11 (2) (a), Stats., and interpreting s. 146.50 (6g), (8), (8m), (9) and (13), Stats., the Department of Health and Family Services will hold a public hearing, at the following time(s) and location(s), to consider emergency rules and proposed permanent rules repealing, renumbering, renumbering and amending, amending, and creating rules relating to relating to certification of first responders.
Hearing Dates and Locations
June 27, 2005
1:00 p.m. to 3:00 p.m.
1 W. Wilson St., Rm. 751
Madison, WI
And
June 27, 2005
6:00 PM to 8:00 PM
Crowne Plaza
4402 E. Washington Ave
Meeting Rm. A
Madison, WI 53703
Written comments and materials may also be submitted to the Department using the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov or to the contact person listed below. The deadline for submitting comments at the website and the contact person is 4:30 p.m., on July 5, 2005.
Analysis Prepared by the Department of Health and Family Services
Currently, first responders may provide the skills contained in the national standard curriculum and basic life support in accordance with skills and medications covered in the Wisconsin revision of the national standard curriculum for training first responders; application of backboard and cervical collar for purpose of spinal immobilization; administration of oxygen; and performance of defibrillation; and additional skills and medications approved by the department based on recommendations of the EMS physician advisory committee and the under s. 146.55 (2m), Stats., and the EMS board and state EMS medical director under s. 146.50 (13) (b), Stats.
This proposed order both generally updates ch. HFS 113, and authorizes first responders to use the following 2 types of potentially life-saving skills:
1. Non-visualized airway, to treat patients who are either not breathing or their airway has been compromised due to trauma or other means; and
2. The administration of epinephrine, for patients who have suffered a severe allergic reaction.
A copy of the full text of the proposed rules can be obtained at no charge from the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov or by contacting the contact person listed below.
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