NOTICE IS HEREBY GIVEN that pursuant to s. 560.035 (1) (c), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 104, relating to implementing a woman-owned business certification program.

The public hearing will be held as follows:

Date and Time:	Location:
Monday November 27, 2006 Commencing at 10:00 A.M.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 30, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. All written comments should be submitted by e-mail to srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Statutes Interpreted: Sections 560.035 (1) and 227.51

Statutory Authority: Section 560.035 (1) (c)

Section 560.035 (1) (c), Stats., as created by 2005 Wisconsin Act 358, requires the Department to promulgate rules for implementing a woman-owned business certification program under s. 560.035 (1), Stats.

Chapter Comm 105 contains the requirements for the Department's Minority Business Certification Program. Although that program does not recognize women as minorities, many of the best practices which the Department has developed in that program are extrapolative to a program for certifying woman-owned businesses.

The proposed rules primarily specify (1) which businesses are eligible for becoming certified in this program, (2) how to apply for certification and recertification, (3) how the certifications will be issued, renewed, and rescinded, and (4) how to appeal a decision by the Department. Parameters are also included for recognizing equivalent certifications that are issued by other public agencies; and for utilizing an advisory committee in decision-making for certification, decertification, recertification, and subsequent rule development.

Title 49 of the Code of Federal Regulations, Part 26, Subpart D, addresses certification standards for disadvantaged business enterprises that participate in federal Department of Transportation (DOT) financial assistance programs. Those enterprises include businesses that are substantially owned by women having a personal net worth which does not exceed $750,000. Subpart E addresses the certification procedures, which include determination and issuance of the credential by corresponding State-level or multi-State Unified Certification Programs. The certification criteria in Subparts D and E are similar to the rules proposed in chapter Comm 104, in addressing the application process; documentation of majority ownership and control; acceptance of certifications by the U.S. Small Business Administration; issuance or denial of the credential; appeals; notification duty if application information changes materially; recertification; and ineligibility of not-for-profit organizations.

Title 13 of the Code of Federal Regulations, Part 124, Subpart B, addresses the U.S. Small Business Administration's certification of small disadvantaged businesses, for participation in federal procurements aimed at overcoming the effects of discrimination. Some woman-owned businesses in Wisconsin are expected to be eligible for this certification. The certification criteria in Subpart B are similar to the rules proposed in Comm 104, in addressing the application process; documentation of ownership and control; issuance or denial of the credential; reconsideration; certification by other certifying entities, including the federal DOT; decertification; appeals; and recertification.

Wisconsin's statutory parameters for certifying woman-owned businesses, and the rules proposed in Comm 104, do not specify a maximum business size or maximum net worth, beyond which women owners are ineligible for certification. The rules proposed in Comm 104 also differ from the federal criteria by not accepting certifications from private-sector entities.

An Internet-based search of State-level rules in Minnesota, Iowa, Illinois, and Michigan revealed the following information relating to certification of woman- or female-owned businesses.

Minnesota. Minnesota offers a targeted-group procurement program to help remedy the effects of past discrimination against members of targeted groups. To be considered under the program, a business must be designated as a targeted business by the Minnesota Commissioner of Administration. As directed by section 16C.19 of the Minnesota Statutes, the criteria for these designations are promulgated as rules and are included in Minnesota Rules, Chapter 1230. This chapter addresses certification of small, targeted-group businesses that are at least 51 percent owned and operationally controlled on a day-to-day basis by either women or other socially disadvantaged persons. This chapter is also similar to the rules proposed in Comm 104 in addressing the application process; documentation of majority ownership and control; issuance or denial of the credential; input from an advisory committee; and use of a statutory, contested-case hearing process for appeals.

Iowa. Chapter 54 of the rules of the Iowa Department of Economic Development establishes a targeted small business procurement program for promoting the growth, development and diversification of Iowa businesses that are owned by minorities or women. Chapter 55 of the rules of that Department establishes a targeted small business financial assistance program to assist women, minorities, persons with disabilities, and low–income individuals in establishing or expanding small business ventures in Iowa. Prior to participation in either of these two programs, a business must be certified as a targeted small business, in accordance with Chapter 25 of the rules of the Iowa Department of Inspections and Appeals. Under the definitions in that Chapter, a targeted small business (1) is 51 percent or more owned, operated, and actively managed by minorities, women, or persons with disabilities; (2) has an annual gross income of less than $3 million; and (3) is operated for profit. The certification rules in the Chapter are similar to the rules proposed in Comm 104, in addressing the application process; documentation of majority ownership and control; issuance or denial of the credential; consideration of certification by another agency; decertification; recertification; and use of a statutory, contested-case hearing process for appeals. The rules proposed in Comm 104 differ by not limiting annual sales to $3 million.

Illinois. Title 44, Part 10 of the Illinois Administrative Code implements the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]. This Act establishes a goal that at least 12 percent of contracts awarded by State agencies subject to the Act be awarded to businesses which are owned and controlled by minorities, females, or persons with disabilities. Of that 12 percent, 5 percent must be female-owned businesses; and these businesses cannot have annual gross sales of $27 million or more, including sales from any affiliates. The Act also authorizes development and use of a procedure to certify firms eligible for the benefits of the Act; allows for certain special treatment in contracting with certified businesses; and establishes a Council, Secretary, and, in the Department of Central Management Services, a program function to implement and oversee the Act. Section 10.30 of Part 10, Title 44, addresses the roles of the State agencies and the Council in achieving compliance with the contract-awarding goals. Under Section 10.50, only certified businesses are eligible for the benefits of the Business Enterprise program, and State agencies can count only those expenditures with a certified vendor, or subcontractor, toward meeting the contract-awarding goals. The certification rules in Sections 10.50 to 10.72 are similar to the rules proposed in Comm 104, in addressing the application process; documentation of majority ownership and control; issuance or denial of the credential; consideration of certification by another entity; input from an advisory committee; reconsideration; decertification; appeals; and recertification. The rules proposed in ch. Comm 104 differ by not limiting annual sales to $27 million, and by not accepting certifications from private-sector entities.

Several other rules in other portions of the Illinois Administrative Code require or encourage targeting of various opportunities to women-owned businesses, but do not link this targeting to certification.

Michigan. No information was found relating to certification of women- or female-owned businesses.

The data and methodology for developing these proposed rules were derived from and consisted of incorporating the criteria in s. 560.035 (1), Stats.; incorporating many of the best practices the Department has developed in its current, similar program for certifying minority-owned businesses; soliciting and utilizing input from representatives of the stakeholders who are expected to participate in this program; and reviewing Internet-based sources of related federal, state, and private-sector information.

The primary document that was used to determine the effect of the proposed rules on small business was 2005 Wisconsin Act 358. This Act requires the Department to implement a program for certifying woman-owned businesses, and requires the Department to promulgate rules for administering the program. However, this Act does not require these businesses to become certified, and does not create preferences in governmental procurement for these businesses. Consequently, the proposed rules do not require this certification, and do not create procurement preferences.

The proposed rules are not expected to impose a negative effect on small business, because the rules only address applying for, receiving, and maintaining voluntary credentials. This rule does have the potential to enable woman-owned businesses to benefit from additional business opportunities. In recognizing this positive impact, the Department took steps to reduce possible barriers for woman-owned, small businesses as defined in s. 227.114 (1), Stats., by requesting external participation in the draft rule development. The Department organized and solicited the comments from organizations that represent the interests of woman-owned small businesses, and from those who represented supplier-diversification programs. The rule advisory group included the following members and organizations:

Kathy Doyle	Advocap
Renee Walz	Western Dairyland Community Action
Jennifer Ring Mellberg	Wisconsin Women's Business Initiative Corporation
Bill Smith	National Federation of Independent Businesses
Mary Stoltz	Madison Chapter of National Association of Women Business Owners
Beth Nemecek	AmeriPrint Graphics, Inc
Laurie Benson	Inacom, Inc.
Lisa Kleiner	Wood, McNally, Maloney & Peterson, S.C.
Jerry Fulmer	WE Energies
Mary Trimmier	U.S. Small Business Administration
Mildred Hyde Demoze	Milwaukee County Office of Community Business Development Partners

The rule-advisory group had the opportunity to review the rule drafts and provide input through two meetings held at the Department, on July 27 and August 16, 2006.

Small businesses' access to information about the woman-owned business enterprise (WBE) certification program will determine the level of participation by the woman-owned businesses that meet the small business definition contained in section 227.114 (1). The Department plans to issue a statewide press release announcing the availability of the WBE certification, so that small businesses which are not members of associations or business-related organizations will be aware of the new WBE certification program. The Department also plans to promote the availability of the woman-owned business certification through the Department's network of entrepreneurial business-assistance partners, numerous business affiliations and industries, and Department-sponsored events that cater to small business. A user-friendly WBE fact sheet is expected to be available through a Department WBE certification Web site, and training sessions may be offered, to assist small businesses in understanding the requirements and the application process.

Ruby Brooks, Wisconsin Department of Commerce, Bureau of Minority Business Development, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 266-8380; e-mail rbrooks@commerce.state.wi.us.

The proposed rules and an analysis of the rules are available on the Internet, by entering “Comm 104" in the search engine at the following Web site: http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Anne Thundercloud at the Department of Commerce, Bureau of Minority Business Development, P.O. Box 7970, Madison, WI 53707, or at AThundercloud@commerce.state.wi.us, or at telephone (608) 267-9550 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. 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.

1. Types of small businesses that will be affected by the rules.

Businesses that qualify and want to become certified as a woman-owned business.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

Each applicant must (1) complete and submit a Department-supplied application, (2) subsequently notify the Department of any changes to the information contained in the application, and (3) complete and submit a Department-supplied application for recertification, for continuation of the certification beyond each three-year certification period.

3. Types of professional skills necessary for compliance with the rules.

No new professional skills would be necessary for compliance with the proposed rules.

4. Rules have a significant economic impact on small businesses. No.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at cdunn@commerce.state.wi.us.

The appropriation, as created by 2005 Wisconsin Act 358, will result in revenues that will offset the Department's costs in administering this new program.

The Department estimates that 1200 businesses will maintain the credential under this program, at an annual fee of $50.

The proposed rules are not expected to impose any significant, mandated costs on the private sector, because the rules only address applying for, receiving and maintaining voluntary credentials.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Optometry Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 449.06 (2m), Stats., as created by 2005 Wisconsin Act 297, and interpreting ss. 449.02, 449.04 (1), 449.055, 449.06 (1) and (2m), 449.08 (1), 449.17 (1), (1m) and (2), and 449.18 (1), (2), (5) and (6), Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal Opt 1.02 (3), 3.01, the Note following Opt 4.02 (2), 6.02 (2) and (5), and 6.05 to 6.08; to renumber Opt 6.02 (1); to renumber and amend Opt 5.12; to amend Opt 1.01, 1.02 (intro.), 3.02 (1) (intro.), the second Note following 3.02 (1) (a), the Note following 3.02 (1) (c), 3.03, 3.09, ch. Opt 4 (title), 4.01 (intro.), (1) to (5) and (7), 4.02 (1) (intro.) and (c), 4.03 (1) and (2) (intro.), 5.12 (title), ch. Opt 6 (title), 6.01, 6.02 (6), ch. Opt 7 (title), 7.03 (title) and 7.03, and 7.05 (1) and (2) (intro.); to repeal and recreate Opt 1.02 (6), 1.03, 6.02 (3), 6.03 and 6.04; and to create Opt 4.01 (8) and (9), 5.02 (6), 5.12 (1), (2) and (3), 6.02 (1) and ch. Opt 8, relating to examinations, endorsement, delegation, TPA/DPA, renewal and continuing education relating to optometrists.

Date:   December 7, 2006

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

(Enter at 55 N Dickinson Street)

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 7, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 449.02, (3), 449.04 (1), 449.055, 449.06 (1) and (2m), 449.08 (1), 449.17 (1), (1m) and (2), and 449.18 (1), (2), (5) and (6), Stats.

Statutes authorizing promulgation: Sections 15.08 (5) (b) and 227.11 (2), Stats., and s. 449.06 (2m), Stats., as created by 2005 Wisconsin Act 297.

Explanation of agency authority: Chapter 449, Stats., and 2005 Wisconsin Act 297, give authority to the Optometry Examining Board to promulgate rules relating to the issuance and renewal of licenses; the issuance of certificates to use diagnostic and therapeutic pharmaceutical agents; the issuance of licenses by endorsement; continuing education requirements and grounds for discipline of optometrists.

Related statute or rule: Chapter RL 10 which identifies the diagnostic and therapeutic pharmaceutical agents that have been approved by the Department of Regulation and Licensing for use by optometrists.

Plain language analysis: SECTIONS 1 and 2. The current rules include a reference in ss. Opt 1.01 and 1.02 to chs. Opt 1 to 7. These sections are being amended to clarify that these provisions also apply to ch. Opt 8.

SECTION 3. In this section, the board repeals the definition of “immediate supervision."

SECTION 4. In this section the board creates a definition of “supervision." The board also repeals the definition of “routine visual screening" that is found in s. Opt 1.02 (6).

SECTION 5. In this section, the board repeals and recreates s. Opt 1.03, which relates to delegation and supervision of unlicensed persons. The rule clarifies that, with 2 exceptions, optometrists may direct unlicensed persons working under their supervision to perform any act that is within the scope of the practice of optometry.

SECTION 6. Section Opt 3.01, which relates to fixing a time and place for examinations, is being repealed because the examinations are now administered on-line.

SECTION 7. Section Opt 3.02 (1) is being amended to clarify that applications for examination are no longer required to be submitted 30 days prior to the date of the examination, and to make minor and technical changes to the examination procedures. These changes are required primarily because examinations are now administered on-line.

SECTIONS 8 and 9. These sections amend Notes to identify where applications may be obtained.

SECTIONS 10 and 11. These sections make minor and technical revisions to the rules that relate to application and examination procedures.

SECTIONS 12-17. These sections amend ch. Opt 4 to incorporate the provisions for endorsement that are contained in 2005 Wisconsin Act 297. Those provisions require applicants to be “in good standing;" to have practiced optometry in another state that has substantially similar requirements, and to have completed the educational course work required to use diagnostic and therapeutic pharmaceutical agents. In addition, other minor and technical revisions relating to application and examination procedures are being made to the rules.

SECTION 18. Section Opt 5.02 (6) is being created to define “signature" to mean “a handwritten mark or an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record."

SECTIONS 19-21. Section Opt 5.12, which relates to supervision of unlicensed persons who perform routine vision screenings, is being repealed and recreated to state that it shall be unprofessional conduct for an optometrist to do any of the following:

(1) Delegate the prescribing of pharmaceutical agents, or the removal of foreign bodies from an eye or from an appendage to the eye, to an unlicensed person.

(2) Delegate the performance of tasks related to the practice of optometry to an unlicensed person that exceeds that person's competence, education, training or experience.

(3) Fail to exercise supervision over an unlicensed person, as provided under s. Opt 1.03.

SECTIONS 22-31. These sections amend, repeal, and repeal and recreate ch. Opt 6 to incorporate the substantial changes made by 2005 Wisconsin Act 297 relating to the use of diagnostic and therapeutic pharmaceutical agents and removal of superficial foreign bodies from an eye or from an appendage to the eye. Chapter Opt 6, as recreated, incorporates the procedures for the issuance of certificates to use diagnostic and pharmaceutical agents; the education and examination requirements that must be completed in order for an optometrist to obtain a certificate, and the permitted use of diagnostic and therapeutic pharmaceutical agents. Some of the primary changes made to ch. 449, Stats., by 2005 Wisconsin Act 297, which are incorporated into ch. Opt 6 or clarified in ch. Opt 6, include the following: