NOTICE IS HEREBY GIVEN That pursuant to ss. 218.04 (7) (d) and 227.11 (2), Stats., and interpreting 218.04, 220.02 (2) and 220.02 (3), 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 in the city of Madison, Wisconsin, on the 20th day of June, 2006, at 10:00 a.m. to consider a rule to repeal and recreate ch. DFI—Bkg 74, relating to collection agencies.

Administrative code provisions regarding collection agencies have not been substantially revised or updated since 1965. In the proposed rule out-dated provisions are removed, minor technical changes are made, and the remaining provisions are streamlined to reflect current practices. These provisions regard definitions, office requirements, office relocations and material changes, agreements and acknowledgments, remittance statements, trust fund accounts, books and records, disclosure of rates in advertising, furnishing reports to creditor on written request, procedures for return or cancellation of accounts, general matters, annual reports, fair collection practice notices, use of aliases, unauthorized practice of law, oppressive and deceptive practices and use of data processing.

The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact 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 Institution's website, www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

For substantive questions on the rule, contact Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451.

NOTICE IS HEREBY GIVEN that pursuant to ss. 51.42 (7) (b), 51.45 (8) (a) and (9), 343.30 (1q) (c) 2., and 343.305 (10) (c) 2., Stats., and interpreting ss. 46.973 (2) (c), 51.42, 51.45, 340.01 (23v), 343.30 (1q) (c) and (d) and 343.305 (10) (c) and (d), Stats., relating to assessment and services for drivers with alcohol or controlled substance problems, and affecting small businesses.

May 18, 2006

10:00 a.m. - 12:00 Noon

Northcentral Technical College - Wausau Campus

Main Building, 1000 West Campus Drive

Room E-101

Wausau, WI

May 24, 2006

3:00 p.m. - 5:00 p.m.

Mendota Mental Health Institute

Conference Center, Main Conference Room

301 Troy Drive

Madison, WI

May 26, 2006

10:00 a.m. – 12 Noon

Fox Valley Technical College - Appleton Campus

Main Building, 1825 North Bluemound

Room F-108

Appleton, WI

May 30, 2006

10:00 a.m. – 12 Noon

Gateway Technical College - Racine Campus

Racine Building, 901 Pershing Drive (Parking Lot D)

Room 102

Racine, WI

June 2, 2006

12 Noon – 2:00 p.m.

Chippewa Valley Technical College - Eau Claire

Clairemont Campus, Business Education Center

620 West Clairemont Avenue

Room 100-A (RCV Community Room)

Eau Claire, 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

Comments may also be sent to:

Gary Nelson, IDP Coordinator

DHFS – Bureau of Mental Health and Substance Abuse Services

1 West Wilson St., Rm. 437

P.O. Box 7851

Madison, WI 53707-7851

Phone: 608-267-7164

Email: nelsogp@dhfs.state.wi.us

The deadline for submitting comments to the Department is 4:30 p.m. on June 9, 2006.

Pursuant to ss. 343.30 (1q) (c) 2. and 343.305 (10) (c) 2. , Stats., ch. HFS 62 provides uniform procedures for intoxicated driver assessment and driver safety plan programs to serve the approximately 35,000 individuals who are ordered by a court or the Department of Transportation to undergo alcohol and other drug abuse assessment and complete a driver safety plan. Chapter HFS 62 has not been substantially revised for over 21 years. Over the years the Department has issued interim policy memos to assessment facilities and driver safety plan providers to accommodate changes in practice and interpretations needed to ensure uniformity and quality of care. The Department proposes to incorporate these policy memos, eliminate outdated and overly prescriptive rule provisions, and update the rules to be consistent with current statutes affecting intoxicated drivers and the agencies serving them.

In addition to proposing the changes to ch. HFS 62, the Department proposes to revise ch. HFS 75, rules relating to certification of community substance abuse services to add intervention services as a level of care. Chapter HFS 75 was created effective August 1, 2000 to replace and update rules for certification of community alcohol and drug abuse prevention and treatment programs that were previously codified in subchapter III of ch. HFS 61. Chapter HFS 75 includes the general requirements that apply to all or most of the different types of substance abuse services, and standards for particular services - prevention; emergency outpatient; medically managed inpatient detoxification; medically monitored residential detoxification; ambulatory detoxification; residential intoxication monitoring; medically managed inpatient treatment; medically monitored treatment; day treatment; outpatient treatment, transitional residential treatment; and narcotic treatment for opiate addiction. A particular provider may be certified to provide one or more types of service.

During the drafting of ch. HFS 75, provisions relating to intervention services that had previously been in ch. HFS 61 were inadvertently removed from proposed rules. Intervention services may now be a formal substance abuse service under the newly proposed s. HFS 75.16, or may be included in, but is not limited to, an educational program, an employee assistance program, an intoxicated driver assessment or driver safety plan program under ch. HFS 62, screening procedures under s. HFS 75.03 (10), or consultation provided to non-substance abuse professionals or may include outreach; problem identification; referral; information; specialized education; case management; consultation; training; support or drop-in services; intensive supervision; alternative education and intoxicated driver assessments under ch. HFS 62.

Each year in Wisconsin there are 8,800 alcohol-related traffic crashes, 6,200 alcohol-related crash injuries, and 325 alcohol-related crash deaths. Apart from public awareness, fines, penalties, and imprisonment, one of the critical solutions to this traffic safety problem is contained under the proposed rule revisions. Under statute [343.30 (1q), Stats.] and the proposed rule revisions, each year approximately 35,000 individuals are convicted of driving while intoxicated and are ordered by the court or the Department of Transportation to undergo an alcohol and other drug abuse assessment and complete a driver safety plan. These driver safety plans recommend a program of education, treatment, or both to help the individual regain safe driving capability. An individual's driving privileges are reinstated if they complete the assessment and driver safety plan program.

Each county department of community programs or human services is required under s. 343.30 (1q), Stats., and the current ch. HFS 62 (assessment of drivers with alcohol or controlled substance problems) to designate a single agency to provide the operating while intoxicated (OWI) assessment service. There are about 72 of these agencies statewide. These designated OWI assessment service agencies are either outpatient clinics operated by county government or a private non-profit organization under contract with county government. These assessment agencies also monitor the person's participation in the education or treatment program and submit appropriate records to the Department of Transportation for action on the person's driving privileges. Under ch. HFS 75, community substance abuse service standards, a county-designated intoxicated driver assessment agency is also approved by the Department to provide a variety of substance abuse education, intervention, and treatment services. Professional staff of these assessment agencies are also required to meet minimum credentials established under ss. HFS 75.02 (84), HFS 75.02 (11), HFS 61.06 (1) to (13), or ch. 457, Stats. These assessment agencies fulfill a critical role in Wisconsin's program to reduce intoxicated driving.

Under s. 343.30 (1q) (c) 2, Stats., the Department is directed to establish standards for OWI assessment procedures in order to ensure uniform and effective practices. The principal motivation for these rules, originally promulgated in 1984, is to protect consumers of these required services and those using the state's roads and highways. These rules have been developed to provide guidance to OWI assessment agencies to ensure uniformity and effectiveness of policies and procedures across the state.