NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 446.02 (3g) (b) and (3r), Stats., 2007 Wisconsin Act 104, the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Chir 1.02 (1m), 2.02 (6) (c), 3.02 (1) (e), 3.03 (1) (i), 5.01 (1) (h), and 5.02 (1m) and (7), relating to continuing education and requirements for proficiency in the use of automated external defibrillators.

Date:   November 20, 2008

Time:   8:30 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  Madison, Wisconsin

Section 446.02 (2) (b) 3., Stats.

Sections 15.08 (5) (b) and 227.11 (2), Stats., and s. 446.02 (3g) (b) and (3r), Stats., 2007 Wisconsin Act 104.

2007 Wisconsin Act 104 created a requirement that chiropractors have proficiency in the use of automated external defibrillators. The Act requires the board to promulgate rules to implement the new requirement.

There are no other related statutes or rules other than those listed above.

2007 Wisconsin Act 104 created a requirement that chiropractors have current proficiency in the use of an automated external defibrillator (AED) to obtain a license to practice chiropractic in Wisconsin. A chiropractor will have to have current proficiency in the use of an AED to obtain an initial license, a renewal license, the reinstatement of a license, and a license by an applicant who is licensed in another jurisdiction.

The rule defines “current proficiency in the use of an automated external defibrillator" as having successfully completed instruction in the use of an AED by an individual, organization or institution of higher education that is approved by the Department of Health Services within the 24 months immediately prior to application.

This rule allows chiropractors to count one credit earned in an AED course toward the 40 credits of continuing education required in each biennium. It also requires the Chiropractic Examining Board to approve as continuing education programs the AED courses that are approved by the Department of Health Services.

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.

Minnesota does not require proficiency and training as a requirement for licensure and renewal of Minnesota chiropractic licenses.

Michigan does not require proficiency and training as a requirement for licensure and renewal of Michigan chiropractic licenses.

Illinois does not appear to require proficiency and training as a requirement for licensure and renewal of Illinois chiropractic licenses.

Iowa does not require proficiency and training as a requirement for licensure and renewal of Iowa chiropractic licenses.

2007 Wisconsin Act 104 created a requirement for applicants for an initial credential as a chiropractor and as a qualification for renewal to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provisions, as directed by the legislature.

Training for AED certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers to professionals AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification for a licensed chiropractor could cost approximately $132.00 for the licensure biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review). A price sheet obtained from the Badger Chapter of the American Red Cross for January to December of 2008 is attached.

As of July 2008, there were 2,153 Wisconsin chiropractors with active licenses to practice.

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.

These proposed rules will have no significant economic impact on a substantial number of 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.

The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $4,501. The total on-going salary and fringe costs are estimated at $3,265.

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

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, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 24, 2008, to be included in the record of rule-making proceedings.

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; telephone 608-266-0495; email at pamela.haack@drl.state.wi.us.

Chir 1.02 (1m) “Current proficiency in the use of an automated external defibrillator" means that a person has successfully completed a course of instruction in the use of an automated external defibrillator provided by an individual, organization or institution of higher education approved to provide the instruction under s. 46.03 (38), Stats., within the 24 months immediately prior to application.

Chir 2.02 (6) (c) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

Chir 3.02 (1) (e) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

Chir 3.03 (1) (i) Has current proficiency in the use of an automated external defibrillator.

Chir 5.01 (1) (h) One credit of course work completed to become proficient in the use of an automated external defibrillator as required in ss. Chir 2.02 (6) (c), 3.02 (1) (e) and 3.03 (1) (i), may be counted as a continuing education credit hour.

Chir 5.02 (1m) The board shall approve a continuing education program that is approved under s. 46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.

(7) This section does not apply to programs approved under s. 46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.

NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4), 560.04, 560.045, and 560.9809, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 108 and 154, relating to emergency assistance grants in the community development block grant program.

The public hearing will be held as follows:

Date and Time	Location
November 13, 2008 Thursday 10:00 a.m.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison

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 at Contact Through Relay 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.

Sections 560.02 (4), 560.04, 560.045, and 560.9809, Stats.

Sections 560.02 (4), 560.04, 560.045, and 560.9809, Stats.

The Department is the designated agency to administer the federally funded Small Cities Community Development Block Grant (CDBG) Program for Wisconsin. These CDBG funds can be used statewide, except in “entitlement" communities that also receive annual CDBG funding directly from the US Department of Housing and Urban Development (cities with populations above 50,000 and, with only a few exceptions, Milwaukee, Dane, and Waukesha Counties). Federal regulations require that the Department submit an Annual Plan describing the State's intended use and distribution of the CDBG funds based on any State regulations and public input. The Wisconsin administrative rules that are authorized by the above statutes set forth the criteria, process, and limitations for distributing CDBG funds.

The Department has statutes and rules for other programs associated with housing assistance and community development, but none of these programs fund emergency assistance for housing repair or public infrastructure/facility repair or replacement.

The proposed rules in this order would repeal limits on emergency assistance grants in the CDBG Program. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.

24 CFR 570.483(d) allows the Department to use CDBG funds for activities that address the national objective of meeting an “urgent local need." The criteria under this objective specify that the funded activities must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community, and which are of recent origin or recently became urgent. In addition, the Department must determine that the state grant recipient is unable to finance the activity on its own, and that other sources of funding are not available to carry out the activity.

Michigan does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Michigan amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.

Minnesota does not set aside CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Minnesota amends their Annual Plan to enable CDBG funds to be used for emergency assistance. The Minnesota Small Cities Development Program does have a policy to limit CDBG funding to $1.4 million per community for each event.

Iowa does not set aside or limit the use of CDBG funds for emergency assistance by state statute or administrative rule. The current Iowa Annual Plan sets aside 5 percent of the CDBG annual allocation for emergency assistance. Iowa amends their Annual Plan if additional funds are needed.

Illinois does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Illinois amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.

There were no factual data or analytical methodologies used to develop the proposed rules.

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 amended rules are not expected to adversely effect small business. Grants to repair or replace public infrastructure and facilities would only have a positive impact.

Businesses that receive payments from funds which become available because of the rules.

No new reporting, bookkeeping or other procedures are necessary for compliance with the rules.

No new professional skills are necessary for compliance with the rules.

No.

The Department has considered the environmental impact of these proposed rules. In accordance with chapter Comm 1, the 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.

Due to limited funding, the overall number of CDBG grant awards is not expected to change significantly. The increased workload for grant specialists processing and underwriting more emergency assistance grants will be offset by a decrease in non-emergency grant applications. Therefore, the proposed rule revisions are not expected to have any significant fiscal effect on the Department.

The proposed rules will not impose any significant costs on local governments or the private sector, because CDBG emergency assistance grants also include administrative funds for the local government.

None

None

None known

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 rulemaking will remain open until November 17, 2008, 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. E-mail comments should be sent to srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 108" in the search engine at the following Web site: http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at srockweiler@commerce.state.wi.us, or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.

Jeanne Storm, Wisconsin Department of Commerce, Division of Housing and Community Development, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 264-6110; e-mail Jeanne.Storm@Wisconsin.gov.

Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.

NOTICE IS HEREBY GIVEN that pursuant to sections 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting section 7.41, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency rule to repeal and recreate Chapter GAB 4, Wis. Adm. Code, relating to observers at a polling place or other location where votes are being cast, counted or recounted.

The hearing will be held:

Date:   November 11, 2008

Time:   9:30 a.m.

Location:   Government Accountability Board Office

  7 West Main Street

  Madison, Wisconsin

Section 7.41, Stats.

Sections 5.05 (1) (f), 5.93 and 227.11 (2) (a), Stats.

This rule repeals Chapter GAB 4, Observers, which interprets s. 7.41 of the Wisconsin Statutes, as amended by 2005 Wisconsin Act 451.

This rule recreates Chapter GAB 4, Election observers, interpreting s. 7.41 of the Wisconsin Statutes – Public's right to access. The board is empowered by s. 7.41 (5), Stats., to promulgate rules consistent with the supervisory authority of a chief inspector at any polling place on election day, regarding the proper conduct of individuals exercising the right under s. 7.41, Stats., to readily observe all public aspects of the voting process in an election.

Existing Chapter GAB 4 (formerly Chapter ElBd 4), was adopted to implement s. 7.39, Stats., relating to the appointment of election observers at polling places in a municipality. Subsequent to the enactment of s.7.39, Stats., the legislature enacted a much broader statute, s.7.41, Stats., that expanded the class of persons who may observe the proceedings at a polling place to include "any member of the public." Because any member of the public has the right to observe merely by being present, appointment as an observer was no longer necessary, thereby rendering s. 7.39, Stats., obsolete and necessitating its repeal. Consequently, the legislature repealed s. 7.39, Stats., in 1999 Wisconsin Act 182.

In 2005 Act 451, the Wisconsin Legislature expanded the number of locations at which observers had the right to observe to include “the office of any municipal clerk whose office is located in a public building on any day that absentee ballots may be cast in that office, or at an alternate site under s. 6.855 on any day that absentee ballots may be cast at that site for the purpose of observation of an election and the absentee ballot voting process."

The Government Accountability Board now needs to promulgate a new rule implementing the new, amended s. 7.41, Stats., by setting forth standards of conduct applicable to persons who are present at a polling place, or elsewhere, for the purpose of observing all public aspects of an election, including voting, and the counting and canvassing of ballots.

Sections 5.35 (5), 7.37 (2) and 12.13 (3) (x), Stats., relating to maintaining order at the polling place, and other locations where observation of the public aspects of the voting process is taking place, and enforcing compliance with the lawful commands of the inspectors at the polling place.

This rule repeals and recreates rule chapter GAB 4, relating to observers and observation of the public aspects of the voting process at polling places and other locations where observation of the public aspects of the voting process is taking place.

Observers and observation of the voting process is a matter of state regulation, not federal regulation. Consequently, no federal legislation or regulation applies to observers in Wisconsin or any other state.

The States of Illinois, Iowa, Michigan and Minnesota all have legislation that allows persons to observe at the polling places in that state, but none of those states allows any member of the public to show up at a polling place and observe because each of those states requires prospective observers to register with the municipal clerk before the election and receive authorization to observe.

Adoption of the rule was not predicated on any factual data or analytical methodologies, but on observation eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.

Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate that the repeal and recreation of the described provisions will have an economic impact.

The creation of this rule does not affect business.

The creation of this rule has no fiscal effect.

Comments may be submitted to the Government Accountability Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)

(a) “Board" means the Government Accountability Board.

(b) “Chief inspector" means the chief inspector at a polling place, under s. 7.30 (6) (b), Stats., or the election official that the chief inspector designates to carry out the responsibilities of the chief inspector under this chapter.

(c) “Clerk" means the municipal or county clerk, the executive director of the board of election commissioners, or the official designated by the clerk or director to carry out the election responsibilities under this chapter.

(d) “Communications media" has the meaning given in s. 11.01(5), Stats.

(e) “Electioneering" has the meaning given in s. 12.03 (4), Stats.

(f) “Member of the public" means any individual who is present at any polling place, or in the office of any municipal clerk whose office is located in a public building on any day that absentee ballots may be cast in that office, or at an alternate site under s. 6.855, Stats., on any day that absentee ballots may be cast at that site, for the purpose of observation of an election or the absentee ballot voting process, excluding a candidate appearing on the ballot at that polling place or a registered write-in candidate, for an office voted on at that polling place or other location.

(g) “Public aspects of the voting process" means the election activities that take place at a polling place, or other observation location, that includes waiting in line to vote by inspectors, the election day registration process, the recording of electors under s. 6.79 Stats., the elector's receipt of a ballot, the deposit of the ballot into the ballot box, a challenge to an elector's right to vote, the issuing of a provisional ballot, and the counting and reconciliation process.

(2) Any member of the public intending to exercise the right to observe an election under s. 7.41, Stats., shall notify the chief inspector of that intent upon entering the voting area of a polling place. The observers shall sign a form acknowledging they understand the applicable rules and will abide by them. The observers shall also list their full name, street address and municipality, and the name of the organization or candidate the observer represents, if any, on the form. The inspector shall attach the form to the Inspectors' Statement, EB-104. The chief inspector shall provide the observer with a name tag supplied by the board which reads “Election Observer." Observers shall wear this name tag at all times when they are inside the polling place.

(3) To ensure the orderly conduct of the election, the chief inspector may reasonably limit the number of observers representing a particular organization or candidate.

(4) The chief inspector shall direct the observer to an area of the polling place designated by the chief inspector as an observation area.

(5) The observation area shall be situated to enable observers to observe all public aspects of the voting process during the election. When physically feasible within the polling place, the observation area shall be not less than 6 feet nor more than 12 feet from the table at which electors are announcing their name and address and being issued a voter number. If observers are unable to hear the electors stating their name and address, the poll workers shall repeat the name and address. If necessary to ensure all public aspects of the process are readily observable, the chief inspector shall set up additional observation areas near the election-day registration table and area where elector challenges are handled.

(6) Observers shall comply with the chief inspector's lawful commands or shall be subject to removal from the polling place.

(7) All of the observers' questions and challenges shall be directed to the chief inspector.

(8) Upon receiving a challenge to a voter's ballot at the polling place, the chief inspector shall follow the challenge procedure in Chapter GAB 9, Wis. Adm. Code. The challenge shall be recorded on the Challenge Documentation Form, EB-104c.

(9) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the chief inspector, threatens the orderly conduct of the election or interferes with voting, the chief inspector shall warn the offending observer(s) that such conduct shall cease or the observer shall have to leave the polling place.

(10) If, after receiving the warning provided in sub. 9, the offending observer does not cease the offending conduct, the chief inspector shall order the offending observer to depart the polling place. If the offending observer declines or otherwise fails to comply with the chief inspector's order to depart, the chief inspector shall summon local law enforcement to remove the offending observer.

(11) While in the polling place, observers shall keep conversation to a minimum and shall try to conduct whatever conversation is necessary at a low enough volume to minimize distraction to electors and to the election inspectors and any other election officials. Failure to adhere to this subsection shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10.

(12) Observers shall be permitted to view the poll lists, excluding the confidential portions of the lists maintained under ss. 6.35 (4) and 6.79 (6), Stats., as long as doing so does not interfere with or distract electors under s. 5.35 (5) Stats. Observers shall not be permitted to make a photocopy or take photographs of the poll lists on election-day.

(13) Observers shall not be permitted to handle an original version of any official election document.

(14) Observers shall not engage in electioneering as defined in s.12.03, Stats. If an observer violates s. 12.03, Stats., the chief inspector shall issue a warning under sub. 9 and, if the conduct continues, shall order the offending observer to depart the polling place or suffer removal under sub. 10.

(15) Observers shall not use a cellular telephone or other wireless communication device inside the voting area to make voice calls. Such use shall result in a warning under sub. 9 and, if the conduct continues, shall result in removal under sub. 10. Text messaging and other non-audible uses of such a device are permissible.

(16) Observers shall not engage in any conversation with election officials or other electors concerning a candidate, party, or question appearing on the ballot. Such conversation constitutes electioneering under s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10. The chief inspector may order that other conversation be minimized if it is disruptive or interferes with the orderly conduct of the election.

(17) The restrictions on voter contact under sub. 16 shall not be construed to prevent any observer from assisting an elector under s. 6.82, Stats., provided that the elector requests the observer's assistance, and provided that the assistance meets the other requirements of s. 6.82, Stats., and the observer qualifies to provide assistance under that statute.

(18) Observers shall not wear any clothing or buttons having the name or likeness of a candidate, party, or referendum group appearing on the ballot or having text which describes, states, or implies that the observer is a governmental official or has any authority related to the voting process. Wearing such apparel at the polling place constitutes a violation of s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the observer refuses to comply with the chief inspector's order, shall result in removal under sub. 10.

(19) Observers may not use any video or still cameras inside the polling place while the polls are open for voting. Failure to adhere to this subsection shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10.

(20) After the polls close, candidates are allowed to be present and the prohibition of video and still cameras does not apply unless it is disruptive or interferes with the administration of the election.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The clerk shall establish observation areas to allow observers to view all public aspects of the absentee voting process. The observers need not be allowed behind the counter in the clerk's office.

(4) All of the observers' questions shall be directed to the clerk.

(5) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the election or interferes with voting, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(6) Observers may not use any video or still camera inside the clerk's office.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The clerk shall establish observation areas to allow observers to view all public aspects of the counting process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the count, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the central count location unless it is disruptive or interferes with the administration of the election.

(6) All of the observers' questions and challenges shall be directed to the clerk.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of absentee ballot canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The board of absentee ballot canvassers shall establish observation areas to allow observers to view all public aspects of the canvassing process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of absentee ballot canvassers, threatens the orderly conduct of the count, the board of absentee ballot canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the absentee canvass location unless it is disruptive or interferes with the administration of the absentee ballot canvass.

(6) All of the observers' questions and challenges shall be directed to the member of the board of absentee ballot canvassers designated to receive questions and challenges.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The special voting deputies shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The special voting deputies shall establish observation areas to allow observers to view all public aspects of the absentee voting process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the special voting deputies, threatens the orderly conduct of the absentee voting process, the special voting deputies shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall not be permitted to use a video or still camera inside the voting location.

(6) All of the observers' questions shall be directed to the special voting deputies.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The board of canvassers may limit observers to a designated area, but the observers shall be positioned so that they can see the poll lists and each individual ballot as it is counted. If there is not room for all observers to view the ballots as they are being counted, visual preference shall be given to the candidates or their representatives.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of canvassers, threatens the orderly conduct of the count, the board of canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the recount location unless it is disruptive or interferes with the administration of the election.

(6) All of the observers' questions and challenges shall be directed to the member of the board of canvassers designated to receive questions and challenges.

(2) Communications media observers shall be permitted to use video and still cameras provided there is no objection from the chief inspector or a voter who may be photographed and the cameras are not used in a manner that allows the observer to see or record how an elector has voted.

(2) When practical, groups and individuals observing under this section shall notify the clerk at least 24 hours in advance of their intent to assess polling place accessibility.

(3) Disability advocate observers shall be allowed out of the designated observation area to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.

(4) Disability advocate observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.

(5) Disability advocate observers shall be allowed to wear shirts or name tags identifying themselves as disability advocate observers.

(6) Election officials, including poll workers, shall facilitate the work of disability advocates in making their accessibility assessments.

NOTICE IS HEREBY GIVEN that pursuant to s. 46.056 (1) and 227.11 (2) (a), Stats., the Wisconsin Department of Health Services proposes to repeal and recreate Chapter DHS 97, relating to complaint procedures for inmates of the Wisconsin Resource Center.

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.

Section 46.056 (1), Stats.

Sections 46.056 (1) and 227.11 (2) (a), Stats.

Section 46.056 (1) Stats., authorizes the Department of Health Services (DHS) to establish the Wisconsin Resource Center (WRC) and gives DHS the responsibility for administering WRC as a correctional institution. Chapter 227.11 (2) (a), Stats., gives state agencies general rulemaking authority to effectuate the purpose of a statute enforced or interpreted by the agency.

Ch. DOC 310

DHS proposes to repeal and recreate ch. DHS 97 to adopt ch. DOC 310, except where stated, as the process for handling inmate complaints in order to facilitate the following:

DHS administers the Wisconsin Resource Center under s. 46.056 (1), Stats., as a correctional institution that provides psychological evaluations, specialized learning programs, and training and supervision for inmates whose behavior poses a serious threat to themselves or others in state prisons and whose mental health needs can be met at WRC. The inmates housed at WRC are prison inmates under the authority of DOC and are secured by DOC correctional officers.

Although existing ch. DHS 97 largely parallels the process for handling inmate complaints under ch. DOC 310, there is ambiguity about the applicability of ch. DOC 310 to the inmates at WRC. There are also issues with coordination and duplication of efforts when ch. DOC 310 is revised, in maintaining ch. DHS 97. Therefore, DHS and DOC have determined that the interests and input of the DHS can be best accommodated by repealing and recreating ch. DHS 97 to adopt ch. DOC 310, and address only necessary differences.

DHS knows of no federal regulations that relate to the subject matter of ch. DHS 97. There are certain federal statutory standards a state correctional grievance system must meet in order for state inmates to be required to exhaust those administrative remedies before filing a federal lawsuit challenging conditions of confinement. DHS believes the process established under ch. DOC 310 and the proposed rules satisfy those federal statutory requirements.

Rule 2911.2900 only requires a grievance procedure. The actual procedure is not codified in the administrative code.

IAC 50.21 (3) only requires a grievance procedure. The actual procedure is not codified in the administrative code.

Michigan Admin Code R. 791.718 concerning grievances only requires a grievance procedure. The actual procedure is not codified in the administrative code .

77 Ill. Adm. Code 504.800 to 504.870 includes Illinois' inmate grievance process. The process is substantially similar to the grievance process under ch. DOC 310.

The proposed rules were developed by DHS and DOC to better integrate processes for handling inmate complaints.

Chapter DHS 97 does not affect businesses.

Rosie Greer

Greerrj@dhfs.state.wi.us

608-266-1279

The proposed rule would not have a fiscal impact on the DHS or DOC as the change is largely technical in nature.

Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on December 4, 2008.

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

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subchapter VII of ch. 440, Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing to consider an order adopting emergency rules to repeal RL 161.04 (3) (e); to renumber and amend RL 161.04 (3) (a) 1.; and to create RL 161.04 (3) (a) 2. and a Note following RL 161.04 (3) (a) 2., relating to examinations for substance abuse professionals.

Date:   November 11, 2008

Time:   9:00 A.M.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 122
  Madison, Wisconsin

Section 440.88, Stats.

Section 227.11 (2), Stats., and Subchapter VII of ch. 440, Stats.

Subchapter VII of ch. 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists, directs the department to write rules that establish minimum standards and qualifications for the certification of substance abuse professionals.

Section 440.88 (3) (a), (b) and (c), Stats., and s. RL 161.04 (3) (e).

Currently, an applicant for a clinical substance abuse counselor credential must complete and pass the International Certification and Reciprocity Consortium's (IC&RC) written examination and case presentation method interview. As of June 1, 2008, the IC&RC will discontinue using the case presentation method interview and will replace it by adding a new section to its written examination. This emergency rule repeals the requirement that an applicant pass the IC&RC's case presentation method interview for applicants who take the IC&RC written examination after June 1, 2008.

This rule also creates a provision that would allow applicants for the clinical substance abuse credential, who took the IC&RC written examination before June 1, 2008, to pass either the new IC&RC written examination or the case presentation method interview until December 31, 2008. This rule will help applicants who took the written examination before June 1, 2008, qualify for a clinical substance abuse counselor credential. It gives them the choice of using the old examination system or the new. Beginning December 31, 2008, all applicants will have to pass the IC&RC's new written examination to receive a clinical substance abuse counselor credential.

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.

In Minnesota, although licensure is available through the state and certification through the Minnesota Certification Board (MCB – a private organization), state licensure is required for practice, with exemptions for other professional licenses. The certification offered by the MCB is not recognized by the state. The MCB offers certification based upon the standards of the IC&RC, which includes supervised practice requirements, specialized education and training in substance abuse counseling, and counselor examinations. Minnesota, in part to satisfy the standards of the licensure, will accept the certificates provided by the MCB as fulfilling their licensure requirements.

Licensure in Minnesota requires the following (before July 1, 2008): an associate degree or equivalent credit hours; 270 hours of substance abuse related education; completion of either the IC&RC Case Presentation Method Oral examination or 2,000 hours of supervised practice; passage of the NAADAC or IC&RC Counselor Examination. After July 1, 2008, Minnesota requires: a bachelor's degree including 18 semester credits or 270 clock hours of substance abuse related education; either the case presentation method, or a plan for 2000 hours of professional practice or proof of 2000 hours of professional practice; passage of the NAADAC or IC&RC counselor examination.

Minnesota will continue to use the IC&RC case presentation method after the IC&RC formally discontinues the use in certification standards. The IC&RC is formally requiring all jurisdictions that elect to use the CPM examination to sign an indemnity agreement allowing states to continue to offer the examination.

In Michigan, substance abuse counselor certification is voluntary; however, at the county level, certification is only driven by allocating funding to county-run treatment centers, which use certified substance abuse counselors. Substance abuse counselors are certified and regulated by the Michigan Certification Board, a private agency.

Michigan no longer uses the IC&RC Case Presentation Method Oral Examination in certification procedures for their counselors.

Illinois mandates that licensed alcohol and drug abuse counselors are used in their state certified alcohol and drug abuse clinics. Under Illinois code: Title 77: Chapter 2060.309 part of the staffing requirements of their clinics require counselors to hold clinical certification as a Certified Alcohol and Drug Counselor issued by the Illinois Alcoholism and Other Drug Abuse Professional Certification Association (IAODAPCA).

IAODAPCA requirements are based off those of the IC&RC. The reciprocal level of the certified drug and alcohol counselor, which is analogous to Wisconsin's clinical substance abuse counselor, requires passage of the IC&RC case presentation method oral examination.

See: §20 ILCS 301/15-5, 77 Ill. Adm. Code 2060.20 et. seq.

The state of Iowa does not credential AODA or Substance Abuse Professionals, but does mandate the certification and use of those professions in their state certified alcohol and drug abuse clinics. Under Iowa administrative code: 641 IAC 155.21 (8) i., part of the staffing requirements of their clinics require that persons providing screening, evaluations, assessments or treatment shall be certified through the Iowa Board of Substance Abuse Certification, a private agency, or certified by an IC&RC member board in the states of Illinois, Minnesota, Nebraska, Missouri, South Dakota, and Wisconsin.

The Iowa Certification Board modeled their credentials from those requirements specified by the IC&RC. Iowa has advanced drug and alcohol counselor certification, which is analogous to our clinical substance abuse counselor certification, requires the passage of the IC&RC written counselor examination. The advanced level certification is not considered reciprocal and therefore they do not require the IC&RC oral Case Presentation Method examination. For those Iowa counselors who wish to bring their credentials in line with IC&RC's reciprocity requirements, they were required to complete the written and oral portion of the IC&RC CPM examination.

See: §641 IAC chapter 155

The Department of Regulation and Licensing is amending the requirement for successful completion of the oral examination as a precondition for certification as a clinical substance abuse counselor because of the change in certification requirements of the International Certification & Reciprocity Consortium (IC&RC). The standards for achieving clinical substance abuse counselor certification were set so that the requirements for the certification would be equivalent of the IC&RC certified alcohol and drug counselor and further, Wisconsin utilizes their examination in the process. Elimination of the oral examination and the change in the certification standards requires Wisconsin to amend rules of certification.

Small business should not be impacted as the examination requirements, and thusly associated costs to achieve certification, are effectively reduced by the elimination of the examination. The oral examination was costly to administer and was a barrier to entry to the field. To achieve certification, a counselor must still pass the written counselor examination, but no longer must complete the oral examination.

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.

This rule will have no significant economic impact on a substantial number of 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.

The department estimates that this rule will require staff time in the Office of Legal Counsel and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $1,557.

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

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, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 14, 2008 to be included in the record of rule-making proceedings.

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; telephone 608-266-0495; email at pamela.haack@ drl.state.wi.us.

RL 161.04 (3) (a) 1. Successful passage of the International Certification and Reciprocity Consortium Alcohol and Other Drug Abuse written counselor certification examination.; or,

RL 161.04 (3) (a) 2. Until December 31, 2008, an applicant who passed the International Certification and Reciprocity Consortium Alcohol and Other Drug Abuse written counselor certification examination before June 1, 2008, successful passage of either the International Certification and Reciprocity Consortium's written counselor certification examination or the case presentation method interview provided by the department.

Note: Prior to June 1, 2008, to receive a clinical substance abuse counselor credential, an applicant had to pass a written counselor examination and a case presentation method oral interview (oral examination) authorized by the International Certification & Reciprocity Consortium (IC&RC). Effective June 1, 2008, the IC&RC withdrew its authorization for the oral examination and instead requires an applicant to complete their updated written counselor examination which includes a section to replace the oral examination. Pursuant to an agreement with the IC&RC, the department will continue to offer the oral examination for applicants who took the written examination prior to June 1, 2008. Until December 31, 2008, those applicants have the choice of passing either the IC&RC's updated written counselor examination or the oral examination provided by the department.

The department has made a finding of emergency. The current rules require an applicant for a clinical substance abuse counselor credential to pass an oral examination. The company that produced that examination is not giving that examination after June 1, 2008. This emergency rule creates a time period for a transition to enable a category of applicants to get a clinical substance abuse counselor credential. Persons holding a clinical substance abuse counselor credential can apply for a supervisory credential. There is a strong need for more supervisors in this field because services can only be provided under supervision. This rule will enable more applicants to receive a supervisor credential and is therefore necessary to maintain the health, safety and welfare of the public.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subchapter VII of ch. 440, Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing to consider an order to repeal RL 161.04 (3) (e); to amend RL 161.04 (3) (a); and to create a Note following RL 161.04 (3) (a), relating to examinations for substance abuse professionals.

Date:   November 11, 2008

Time:   9:00 A.M.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 122

  Madison, Wisconsin

Section 440.88, Stats.

Section 227.11 (2), Stats., and Subchapter VII of ch. 440, Stats.

Subchapter VII of ch. 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists, directs the department to write rules that establish minimum standards and qualifications for the certification of substance abuse professionals.

Section 440.88 (3) (a), (b) and (c), Stats., and s. RL 161.04 (3) (e).

Currently, an applicant for a clinical substance abuse counselor credential must complete and pass the International Certification and Reciprocity Consortium's (IC&RC) written examination and case presentation method interview. As of June 1, 2008, the IC&RC discontinued the case presentation method interview and replaced it by adding a new section to its written examination. This proposed rule repeals the requirement that an applicant pass the IC&RC's case presentation method interview.

This proposed rule also amends the rule that requires an applicant for a clinical substance abuse counselor credential to pass the IC&RC's written examination. The amendment makes the current rule conform to a previously passed emergency rule that allowed the department to continue to administer the case presentation method interview until December 31, 2008. This rule allows applicants who passed the written examination before June 1, 2008, to qualify for a credential if they either retook the written examination after June 1, 2008, or successfully passed the case presentation method interview before January 1, 2009.

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.

In Minnesota, although licensure is available through the state and certification through the Minnesota Certification Board (MCB – a private organization), state licensure is required for practice, with exemptions for other professional licenses. The certification offered by the MCB is not recognized by the state. The MCB offers certification based upon the standards of the IC&RC, which includes supervised practice requirements, specialized education and training in substance abuse counseling, and counselor examinations. Minnesota, in part to satisfy the standards of the licensure, will accept the certificates provided by the MCB as fulfilling their licensure requirements.

Licensure in Minnesota requires the following (before July 1, 2008): an associate degree or equivalent credit hours; 270 hours of substance abuse related education; completion of either the IC&RC Case Presentation Method Oral examination or 2,000 hours of supervised practice; passage of the NAADAC or IC&RC Counselor Examination. After July 1, 2008, Minnesota requires: a bachelor's degree including 18 semester credits or 270 clock hours of substance abuse related education; either the case presentation method, or a plan for 2000 hours of professional practice or proof of 2000 hours of professional practice; passage of the NAADAC or IC&RC counselor examination.

Minnesota will continue to use the IC&RC case presentation method after the IC&RC formally discontinues the use in certification standards. The IC&RC is formally requiring all jurisdictions that elect to use the CPM examination to sign an indemnity agreement allowing states to continue to offer the examination.

In Michigan, substance abuse counselor certification is voluntary; however, at the county level, certification is only driven by allocating funding to county-run treatment centers, which use certified substance abuse counselors. Substance abuse counselors are certified and regulated by the Michigan Certification Board, a private agency.

Michigan no longer uses the IC&RC Case Presentation Method Oral Examination in certification procedures for their counselors.

Illinois mandates that licensed alcohol and drug abuse counselors are used in their state certified alcohol and drug abuse clinics. Under Illinois code: Title 77: Chapter 2060.309 part of the staffing requirements of their clinics require counselors to hold clinical certification as a Certified Alcohol and Drug Counselor issued by the Illinois Alcoholism and Other Drug Abuse Professional Certification Association (IAODAPCA).

IAODAPCA requirements are based off those of the IC&RC. The reciprocal level of the certified drug and alcohol counselor, which is analogous to Wisconsin's clinical substance abuse counselor, requires passage of the IC&RC case presentation method oral examination.

See: §20 ILCS 301/15-5, 77 Ill. Adm. Code 2060.20 et. seq.

The state of Iowa does not credential AODA or Substance Abuse Professionals, but does mandate the certification and use of those professions in their state certified alcohol and drug abuse clinics. Under Iowa administrative code: 641 IAC 155.21 (8) i., part of the staffing requirements of their clinics require that persons providing screening, evaluations, assessments or treatment shall be certified through the Iowa Board of Substance Abuse Certification, a private agency, or certified by an IC&RC member board in the states of Illinois, Minnesota, Nebraska, Missouri, South Dakota, and Wisconsin.

The Iowa Certification Board modeled their credentials from those requirements specified by the IC&RC. Iowa has advanced drug and alcohol counselor certification, which is analogous to our clinical substance abuse counselor certification, requires the passage of the IC&RC written counselor examination. The advanced level certification is not considered reciprocal and therefore they do not require the IC&RC oral Case Presentation Method examination. For those Iowa counselors who wish to bring their credentials in line with IC&RC's reciprocity requirements, they were required to complete the written and oral portion of the IC&RC CPM examination.

See: §641 IAC chapter 155

The Department of Regulation and Licensing is amending the requirement for successful completion of the oral examination as a precondition for certification as a clinical substance abuse counselor because of the change in certification requirements of the International Certification & Reciprocity Consortium (IC&RC). The standards for achieving clinical substance abuse counselor certification were set so that the requirements for the certification would be equivalent of the IC&RC certified alcohol and drug counselor and further, Wisconsin utilizes their examination in the process. Elimination of the oral examination and the change in the certification standards requires Wisconsin to amend rules of certification.

Small business should not be impacted as the examination requirements, and thusly associated costs to achieve certification, are effectively reduced by the elimination of the examination. The oral examination was costly to administer and was a barrier to entry to the field. To achieve certification, a counselor must still pass the written counselor examination, but no longer must complete the oral examination.

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.

This rule will have no significant economic impact on a substantial number of 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.

The department estimates that this rule will require staff time in the Office of Legal Counsel and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $1,564 for the two divisions. The ongoing salary and fringe costs for the Office of Legal Counsel are estimated at $563.

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

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 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, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 14, 2008 to be included in the record of rule-making proceedings.

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; telephone 608-266-0495; email at pamela.haack@ drl.state.wi.us.

RL 161.04 (3) (a) Successful passage of the International Certification Reciprocity Consortium Alcohol and Other Drug Abuse written counselor certification examination taken after June 1, 2008. If the written examination was taken before June 1, 2008, an applicant shall have either successfully passed the International Certification Reciprocity Consortium case presentation method interview before December 31, 2008, or have successfully retaken the written counselor certification examination after June 1, 2008.

Note: Prior to June 1, 2008, to receive a clinical substance abuse counselor credential, an applicant had to pass a written counselor examination and a case presentation method oral interview (oral examination) authorized by the International Certification & Reciprocity Consortium (IC&RC). Effective June 1, 2008, the IC&RC withdrew its authorization for the oral examination and instead requires an applicant to complete an updated written counselor examination which includes a section to replace the oral examination. Pursuant to an agreement between the department and the IC&RC, applicants who took the written examination prior to June 1, 2008, were able to complete the oral examination until December 31, 2008.