The Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on an emergency rule relating to a poultry flock certification program. This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

DATCP will hold one hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until Thursday, April 6, 2006, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to:
hearingcommentsAH@datcp.state.wi.us.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing Melissa.mace@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by March 22, 2006, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.

Friday, March 31, 2006 12:30 p.m. to 1:30 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room

Madison, WI 53708

Handicapped accessible

This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

Statutory Authority: ss. 93.07 (1) and (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

Statute Interpreted: s. 93.07 (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals. This emergency rule creates a new poultry flock certification program for small poultry producers, in order to provide more cost-effective disease control and monitoring.

The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to prevent diseases in poultry. Under current DATCP rules, all poultry and farm-raised game birds imported or moved for purposes of breeding or hatching must comply with the national poultry improvement plan, or an equivalent program.

Under current DATCP rules, poultry and farm-raised game birds exhibited at fairs, swap meets and like events must be tested prior to the event, or must originate from a flock enrolled in the national poultry improvement plan. This national plan requires routine flock inspections, and yearly testing of all sexually mature birds. Plan enrollment fees vary by flock size and type, and range from $20 to $200. The flock owner must also pay all testing costs.

The national poultry improvement plan is designed for large commercial operations, and compliance costs for small poultry producers may be prohibitive. Small producers who cannot afford to enroll in the national plan are effectively prohibited from selling, moving or exhibiting their birds in many cases.

This rule provides new, more cost-effective disease monitoring options for small poultry producers. This will allow more small producers to sell, move and exhibit their birds. It will encourage more disease testing and monitoring by small producers, and will reduce illegal movement and exhibition of birds. These changes will improve the overall control and monitoring of poultry diseases in this state, and will help to protect human and animal health. DATCP is adopting this rule as an emergency rule so that the improvements can be implemented as soon as possible, and in time for the 2006 fair and exhibition season.

Key Rule Changes

Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or Wisconsin associate flock.

A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.

This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new poultry flock certification program, but expects to absorb the additional workload with existing staff and appropriations. There is no fee for flock owners to enroll in the program.

This rule affects poultry producers, many of which are “small businesses." This rule will have a positive impact on small poultry producers, and will have little or no effect on large producers. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry producers, and may not be cost-effective for small producers. This rule provides cost-effective disease monitoring options that will provide greater market access for small producers.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but has proposed a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

Federal and Surrounding State Programs

Federal Programs

DATCP administers animal disease control programs in cooperation with the United States department of agriculture, animal and plant health inspection service (“the federal bureau"). DATCP and the federal bureau cooperate in the administration of the national poultry improvement plan, which is governed by 9 CFR 145 and 147. The plan is primarily designed for large poultry producers, and may be cost-prohibitive for small producers.

Plan participation is voluntary, but poultry producers must enroll their flocks in order to move birds in interstate commerce. Current Wisconsin rules further limit movement and exhibition of poultry within this state, except from enrolled flocks. This rule provides more cost-effective alternatives for small poultry producers, giving them more market access.

Surrounding State Programs

Poultry programs in surrounding states are broadly comparable to those in Wisconsin.

All surrounding states (Iowa, Michigan, Minnesota, and Illinois) require testing of poultry for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. For in-state movement, for purposes other than exhibition, poultry other than turkeys must originate from flocks that have a pullorum-typhoid clean rating under the national poultry improvement plan. Turkeys must be tested for Mycoplasma gallisepticum according to the national poultry improvement plan.

Poultry testing requirements for exhibition vary slightly between states. Generally speaking, exhibited poultry must originate from flocks that comply with the national poultry improvement plan, or they must test negative for pullorum-typhoid (and, in the case of turkeys, for Mycoplasma gallisepticum) within 90 days of the exhibition.

Questions and comments related to this rule may be directed to:

Melissa Mace

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone (608) 224-4883

E-Mail: hearingcommentsAH@datcp.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b), 227.11 (2), 447.02 (1) (d) and (2) (d) and (e), Stats., and interpreting s. 447.01 (3) (g), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s. DE 7.02; and to create s. DE 7.02 (2), relating to the definition of “local anesthesia" administered by dental hygienists.

Date:   May 3, 2006

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 121C

  Madison, Wisconsin

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 May 15, 2006, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: Section 447.01 (3) (g), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 447.02 (1) (d) and (2) (d) and (e), Stats.

Explanation of agency authority: Section 447.02 (2) (d), Stats., authorizes the Dentistry Examining Board to promulgate rules relating to agents that may be administered by a dental hygienist.

Related statute or rule: There are no statutes or rules related other than those listed above.

Plain language analysis: This proposed rule-making order will exempt subginival, local anesthetics administered by applicator from the educational requirements of Chapter DE 7, which currently apply to dental hygienists who administer local anesthesia by injection. With the exception, the 10 hours of didactic and 11 hours of clinical education would not be required if the dental hygienist limits administration of local anesthetics to applicators.

A new type of subginival, local anesthesia applied by applicator, not by injection, is available is being marketed in Wisconsin. The current rule concerning certification of dental hygienists to administer local anesthesia does not explicitly contemplate local anesthetics administered in this manner, so a definition of “local anesthesia" is being created to clarify educational requirements for dental hygienists who apply local, subginival anesthesia by applicator.

SECTION 1 renumbers DE 7.02.

SECTION 2 creates a definition for “local anesthesia" to except drugs administered topically or by applicator from dental hygienists' educational requirements for the administration of local anesthesia.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation for summary and comparison.

Comparison with rules in adjacent states:

Illinois: No board decision. To consider week of 4/11/05.

Iowa: No board decision.

Michigan: No board decision.

Minnesota: Treated the same as any other subginival medicament.

Summary of factual data and analytical methodologies:

The Dentistry Examining Board discussed how chapter DE 7 applies to Oraqix, a new medicament that is administered via a surface applicator rather than by injection. In considering the rule as currently written, the board decided the rule is not clear as applied to the new medicaments because it was written to require training for administering injection of local anesthetics. The board also decided that because of the recent introduction of the product type, the rule did not contemplate training requirements necessary to administer it. The board decided by consensus that a course requirement for local anesthetics delivered via surface applicators should not be subject to the course requirement for injections.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

This proposed rule will impact all dental hygienists licensed in Wisconsin. There are no small businesses affected by this rule that meet the statutory definition contained in s. 227.114 (1), Stats. The certification of no impact on small business is based on the fact that a substantial number of the 4,886 total active licensed hygienists work as employees of a dentist as defined by the practice limitation in s. 447.06, Stats. The proposed rule does not include any additional reporting or bookkeeping requirements. The proposed rule requires dental hygienists to obtain additional professional skills related to coursework for providing local anesthetics delivered via surface applicators.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

The proposed rule will have no impact on the department's funds.

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (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 Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email pamela.haack@drl.state.wi.us. Comments must be received on or before May 15, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. DE 7.02 is renumbered DE 7.02 (1).

SECTION 2. DE 7.02 (2) is created to read:

DE 7.02 (2) “Local anesthesia" as used in this chapter means a drug administered other than topically or by applicator for the elimination of sensation, especially pain, in one part of the body. “Local anesthesia" includes medication administered by regional injection.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 255.056 (2) and (7), Stats., and interpreting ss. 255.05, Stats., the Department of Health and Family Services proposes to amend ch. HFS 148 (title), ss. HFS 148.01, 148.02, 148.03 (1) to (3) and (13), 148.04 (1), (2) (a) (intro), (b) and (note), (3) and (note), 148.05, 148.06 (title), (1) (intro), (2) (a) (title) and (intro), (a) 1., (b) (intro) and (title), (b) 3. and (note), (3) (intro), (4) and (5), 148.07 (2), (3), (4) (c) and (4) (c) (note), 148.08 and 148.09, and 148.11 (1) and (2) (b), and to create s. HFS 148.03 (3m) and (14m), relating to the cancer drug repository program authorized under s. 255.056, Stats., and affecting small business.

Date and Time:

Tuesday, April 4, 2006

9:00 AM - 11:00 AM

Location:

1 West Wilson

Room 950 B

Madison, WI

The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments may be submitted at the public hearing or submitted to the Department using the Wisconsin Administrative Rule Website at:
http://adminrules.wisconsin.gov. Written comments may also be sent to:

Doug Englebert, R.Ph.

DHFS - Bureau of Quality Assurance

Room 950 1 West Wilson St.

Madison, WI 53711

Ph. 608-266-5388; Fax: 608-267-7119

The deadline for submitting comments to the Department is 4:30 p.m. on April 12, 2006.

The Department currently manages the cancer drug repository program under s. 255.056, Stats., and ch. HFS 148, which allows pharmacies and medical facilities, including hospitals, and clinics or offices used by physicians to accept donated, unused cancer drugs and supplies for dispensation to eligible individuals. 2005 Wisconsin Act 16 expanded the cancer drug repository program effective January 1, 2006 to allow drugs and supplies for the treatment of chronic diseases to be donated and dispensed under the program. This expansion requires the Department to modify ch. HFS 148, to reflect the changes made to s. 255.056, Stats.

Through this rulemaking order, the Department proposes to modify ch. HFS 148 to insert the term “chronic disease" where appropriate. The Department also proposes to remove the alternative $15 handling fee prescribed under s. HFS 148.08 to avoid any conflicts that may occur between this alternative amount and the Medicaid dispensing fee which is used as the basis of the handling fee amount that can be charged to persons eligible to receive drugs and supplies under the program.

The Department currently manages the cancer drug repository program under s. 255.056, Stats., and ch. HFS 148, which allows pharmacies and medical facilities, including hospitals and clinics or offices used by physicians to elect to accept donated, unused cancer drugs and supplies for dispensation to eligible individuals. 2005 Wisconsin Act 16 expanded the cancer drug repository program effective January 1, 2006 to allow drugs and supplies for the treatment of chronic diseases to be donated and dispensed under the program. This expansion requires the Department to amend ch. HFS 148, to reflect the changes made to s. 255.056, Stats.

Through this rulemaking order, the Department will modify ch. HFS 148 to reflect the changes in s. 255.056, Stats. The Department also proposes to remove the alternative $15 handling fee prescribed under s. HFS 148.08 to avoid any conflicts that may occur between this alternative amount and the Medicaid dispensing fee which is used as the basis of the handling fee amount that can be charged to users of the program.

The proposed expansion of the drug repository program will directly impact current and potential pharmacy or medical facility participants in the drug repository program, including those that meet the definition of small business under s. 227.114 (1), Stats. Sixteen pharmacies and no medical facilities currently participate in the cancer drug repository program. Analysis of the 2002 Economic Census (Wisconsin data) for the pharmacy industry (NAICS Code 44611), suggests that most of the pharmacies, including the current 16 pharmacy participants, are small businesses as defined under s. 227.114 (1), Stats. Medical facilities, as defined under s. 943.145, Stats., are hospitals, and clinics or offices of physicians licensed under ch. 448, Stats. An analysis of the 2002 Economic Census (Wisconsin data) for these facilities (NAICS Codes 6211- offices of physicians; 622 - hospitals; 621491- HMO medical centers; and 621493 - freestanding ambulatory surgical and emergency centers) suggests that the average facility does not meet the definition of small business under s. 227.114 (1), Stats.

Current participating entities (and potential participants) may incur additional costs for inspection, storage, dispensing, distribution, and destruction of expired donated drugs or supplies of the additional drugs and supplies. To cover these costs, entities may charge a handling fee that is up to 300% of the Medicaid dispensing fee (which is currently $4.38) or $13.14 per prescription. This amount is comparable to what non-participating pharmacies receive for prescription dispensing fees. A 2002 study commissioned by the Wisconsin Medicaid program found that in the year 2000, dispensing fees, which included the cost of packaging, labeling, computer systems, salaries, rent, utilities, etc., averaged between $6.95 and $7.35 per prescription with expected annual increases between 6 and 12 percent. Adjusting for cost increases, the Department determined that in 2005, dispensing fees could range from $9.30 to $11.56 per prescription.

If a participating entity chooses not to collect a handling fee, that entity will bear the costs of inspection, storage, dispensing, distribution, and destruction of expired donated drugs or supplies.

The proposed rules do not impose form requirements or requirements for reporting or recordkeeping, or performance, operational or design standards.

The expansion of the drug repository program to include chronic diseases drugs and supplies and amend the handling fee provision prescribed under s. HFS 148.08, will not have a significant economic impact on current or potential pharmacy or medical facility participants in the drug repository program, including those that meet the definition of small business under s. 227.114 (1), Stats.

Rosie Greer

Greerrj@dhfs.state.wi.us

608-266-1279

The proposed rules will not affect state or local government costs or have a significant economic impact on pharmacies or medical facilities. The proposed rules will affect only those pharmacies and medical facilities that elect to participate in the drug repository program, including those that meet the definition of small business under s. 227.114 (1), Stats.

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov or by contacting the contact person at the address given below.

Doug Englebert, R.Ph.

DHFS - Bureau of Quality Assurance

Room 950 1 West Wilson St.

Madison, WI 53711

Ph. 608-266-5388; Fax: 608-267-7119

Engleda@dfhs.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 458.24, Stats., and interpreting ss. 458.24 and 458.26 (3) (b), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on March 15, 2006, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Statute interpreted: Sections 458.24 and 458.26 (3) (b), Stats.

Statutory authority: Sections 227.11 (2) and 458.24, Stats.

Explanation of agency authority

The Department of Regulation and Licensing is authorized under ss. 227.11 (2) and 458.24, Stats., to promulgate rules establishing the standards for appraisal practice for licensed and certified appraisers.

Related statute or rule: There are no related statutes or rules other than those listed above.

Plain language analysis: In this proposed rule-making order, the Department of Regulation and Licensing proposes to amend ch. RL 87 Appendix I, which incorporates by reference the 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP). Currently, the 2005 edition of USPAP states that the effective date of the publication is from January 1, 2005 to December 31, 2005. The department proposes to amend the rule to state that the effective date of the publication is from January 1, 2005 to June 30, 2006. The department also proposes to incorporate by reference the 2006 edition of USPAP.

SECTION 1. The department proposes to amend Appendix I, which incorporates by reference the 2005 edition of USPAP, to change the expiration date from December 31, 2005 to June 30, 2006. The department also proposes to amend Appendix I to incorporate by reference the 2006 edition of USPAP.

As required under s. 227.11, Stats, the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2005 and the 2006 editions of USPAP into the rules by reference.

The Federal Reform, Recovery, and Enforcement Act (“FIRREA"), 12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a state certified or licensed appraiser for appraisals conducted in connection with “federally related transactions."

The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions. 21 USC 3333; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers.

Under FIRREA, real estate appraisals performed in connection with federally related transactions are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation. 21 USC 3339; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.\

The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP). USPAP is available on the Appraisal Foundation's website at:
http://www.appraisalfoundation.org.

Comparison with rules in adjacent states:

Under FIRREA, all states, including Illinois, Iowa, Michigan and Minnesota , must assure that certified appraisers comply with the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board. In Wisconsin, USPAP has been incorporated by reference in Appendix I to ch. RL 87, Code. See also, s. 458.24, Stats.

Summary of factual data and analytical methodologies:

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The proposed rule would change the standards for appraisal practice for licensed and certified appraisers licensed in Wisconsin. There are 1,940 licensed appraisers, 1,454 certified residential appraisers, and 1,375 certified general appraisers who are licensed in Wisconsin and would have to comply with the standards. Of the licensed appraisers in Wisconsin, a majority of them probably work in small businesses.

Under the Federal Reform, Recovery and Enforcement Act (FIRREA), all states must assure that certified appraisers comply with the Uniform Standards of Appraisal Practice that are promulgated by the Appraisal Standards Board. This will be the latest update of practice standards and will not have an effect on small business.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

The proposed rule will have no impact on the department's funds.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (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 Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935; email pamela.haack@drl.state.wi.us. Comments must be received on or before March 25, 2006 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. Ch. RL 87, Appendix I is amended to read:

APPENDIX I

UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE

The 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2005 edition of USPAP is effective January 1, 2005 to December 31, 2005 June 30, 2006.

After January 1, 2005, copies of the 2005 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue 1155 15th Street, N.W., Suite 900 1111, Washington, D.C. 20005-3517 20005, and (202) 347-7722. After January 1, 2005, copies of the 2005 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at http://www.appraisalfoundation.org. The direct link to the electronic copy of the 2005 and prior year publications of the Uniform Standards of Professional Appraisal Practice is: http://www.appraisalfoundation.org/html/standards.asp?FileName=current_uspap.

The 2006 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2006 edition of USPAP is effective July 1, 2006 to December 31, 2007.

After July 1, 2006, copies of the 2006 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1155 15th Street, N.W., Suite 1111, Washington, D.C., 20005, (202) 347-7722. After July 1, 2006, copies of the 2006 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at: http://www.appraisalfoundation.org.

Note: As required under s. 227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2005 edition and the 2006 editions of the Uniform Standards of Professional Appraisal Practice. After January 1, 2005, copies Copies of the 2005 edition and the 2006 editions of the USPAP will be on file in the offices of the department, the secretary of state and the revisor of statutes.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 480.08 (6), Stats., and interpreting s. 480.08 (5) and (6), the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 128.03 (1) (c) and (d); and to amend RL 128.03 (1) (intro.), (a) and (b), the Note following RL 128.04 (1), the Note following RL 128.04 (1m) (e), and the Note following RL 128.04 (6) (b), relating to educational programs for auctioneers.

Date:   April 18, 2006

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 121A

  Madison, Wisconsin

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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl.state.wi.us. Comments must be received on or before April 28, 2006 to be included in the record of rule-making proceedings.

Statute interpreted: Section 480.08 (5) and (6), Stats.

Statutory authority: Sections 227.11 (2) and 480.08 (6), Stats.

Explanation of agency authority: The Department of Regulation and Licensing is authorized under s. 480.08 (6), Stats., to promulgate rules establishing requirements and procedures for registered auctioneers to complete continuing education programs or courses of study in order to qualify for renewal.

Related statute or rule: Section 480.08 (5), Stats., which states, in part, that a renewal application for an auctioneer certificate shall be accompanied by proof of completion of continuing education requirements under sub. (6).

Plain language analysis: SECTIONS 1 and 2. Under the current law, in order to renew a registration, an auctioneer must complete 12 hours of continuing education that consists of four specific courses. The subject matter of those courses include: 1) three hours in Wisconsin laws relating to auctioneer ethical and professional conduct; 2) three hours in Wisconsin laws relating to maintenance of records and trust accounts; 3) three hours in federal laws relating to auctioneering and Wisconsin laws other than those described in paragraphs 1) and 2) above, and 4) three hours in certain elective courses that are relevant to the practice and legal requirements of auctioneering.

Except for the three hour ethics course, the department proposes to revise the rules to eliminate the specific subject matter areas or topics identified in the rules. Instead, the department would identify and approve the subject matter areas or topics biennially.

SECTIONS 3, 4 and 5 amend Notes to amend the address of the department and include the department's website.

Summary of, and comparison with, existing or proposed federal regulation: There are no federal laws that govern continuing education requirements for auctioneers. Comparison with rules in adjacent states:

Illinois: Illinois requires auctioneers to complete 12 hours of continuing education, of which six include mandatory core subjects and 6 include elective subjects.

Iowa: Do not regulate auctioneers.

Michigan: Do not regulate auctioneers.

Minnesota: Do not regulate auctioneers.

Summary of factual data and analytical methodologies:

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The proposed rule would change the specific subject matter area requirements for auctioneer continuing education requirements. There are 1,963 auctioneers licensed in Wisconsin. There are also 318 registered auction companies who are licensed in Wisconsin. It should be noted that an individual who is registered as an auctioneer may act as an auction company without having to additionally register as an auction company. Auction companies are not required to take continuing education and would not be affected by this rule change. Of the 1,963 auctioneers licensed in Wisconsin, a majority are probably small business owners.

In order for auctioneers to renew their license, the auctioneer would have to take continuing education courses. Currently, four specific courses are required for continuing education for a total of 12 hours. Except for the ethics course requirement, the remaining course requirements would be in subjects approved by the department biennially. There will be no additional reporting requirements, bookkeeping requirements, or compliance costs. This rule would merely set a standard for review of course content biennially, rather than have permanent course requirements. The same 12 hour requirement would be in place. In the future, auctioneers may have to take classes in different subjects than were required previously. This rule change will not have an effect on small business.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The Department of Regulation and Licensing anticipates no significant fiscal impact on the private sector.

The Department of Regulation and Licensing will incur staff costs of $5,100 annually to approve an expansion of available educational courses.

Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl.state.wi.us. Comments must be received on or before April 28, 2006 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. RL 128.03 (1) (intro.), (a) and (b) are amended to read:

RL 128.03 Courses; examinations. (1) COURSES. (intro.) The educational program shall consist of 4 courses and shall cover all of the topics under each paragraph title, be presented during no less than the number of hours stated after each paragraph title, and 12 hours, which shall include:

(a) Course A: 3 Three hours in the Wisconsin laws relating to auctioneer ethical and professional conduct.

(b) Course B: 3 Nine hours in the Wisconsin laws relating to maintenance of records and trust accounts topics pertinent to the practice of auctioneering that shall be approved by the department biennially.

SECTION 2. RL 128.03 (1) (c) and (d) are repealed.

SECTION 3. The Note following RL 128.04 (1) is amended to read:

Note: Applications for educational program and course approval are available from the Department of Regulation and Licensing, Bureau of Direct Licensing and Real Estate Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://drl.wi.gov.

SECTION 4. The Note following RL 128.04 (1m) (e) is amended to read:

Note: Applications for educational program and course approval are available from the Department of Regulation and Licensing, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://drl.wi.gov.

SECTION 5. The Note following RL 128.04 (6) (b) is amended to read:

Note: Applications for approval of instructors are available from the Department of Regulation and Licensing, Bureau of Direct Licensing and Real Estate Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://drl.wi.gov.