Revises various provisions relating to licensing of dentists.

1. Change the definition of active practice in s. DE 1.02 (2) to include years of postgraduate dental residency training to qualify for active practice clock hours for licensure by endorsement;

2. Continue to accept board specialty certification of an accredited specialty as a pathway to licensure by endorsement. However, the board requirement for specialty certification within 10 years of applying for a license will no longer be required;

3. Amend s. DE 2.015 to allow the board to grant a limited license to full time faculty of CODA accredited postgraduate residency training programs located in Wisconsin.

The board believes that its current rules create carriers to licensing dentists and intends to make certain changes. Currently, the board's active practice rule does not recognize residency training as qualifying activity for active practice in endorsement licensure, but it does count hours spent in private practice and clinical instruction at a dentistry school accredited by the ADA. The board will continue to accept board specialty certification of an accredited specialty as a pathway to licensure by endorsement. However, the board requirement for specialty certification within 10 years of applying for a license is no longer deemed necessary. Lastly, the board would like to extend the faculty license procedure currently in place for Marquette University School of Dentistry (MUSoD) faculty to applicants in faculty positions at accredited institutions in Wisconsin that train postgraduate dental residents.

Sections 15.08 (5) (b), 227.11 (2) and ch. 447, Stats.

There is no existing or proposed federal regulation.

Dental license applicants who train in a CODA accredited residency program, applicants who practice in a specialty recognized by CODA, institutions that hire dentists as faculty, the Dentistry Examining Board, and the Wisconsin Department of Regulation and Licensing.

60 to 180 hours.

Revises section Ins 3.32, relating to affiliated producer disclosure and affecting small business.

To promote consumer information regarding title insurance relationships with affiliates by utilizing disclosure of affiliate arrangements to OCI, the public and individual purchasers of title insurance.

Currently, s. Ins 3.32 imposes some restrictions on affiliated producers of title insurance but no disclosure of the affiliations. In other states, affiliated business entities are subject to additional regulation and disclosures because of the possibility of “reverse competition." Some states currently require disclosure and publication of affiliation of title businesses which are owned or controlled by creditors, real estate organizations and others in a position to steer title customers to certain agencies affiliated with the entity doing the referring. This allows consumers to better make informed decisions.

Section 628.34 (12), Stats.

Under the Real Estate Settlement Procedures Act (1974), the federal agency, Housing and Urban Development (“HUD"), imposes certain limitations on affiliated entities regarding investments, financing and control. HUD also requires disclosure of certain affiliated entities to potential consumers.

Title insurance insurers, agents, agencies and affiliated entities.

200 hours and no other resources are necessary.

Revises Chapter Trans 252, relating to policies that apply to escort vehicles for oversize or overweight transport.

The proposed rule amendment will add explicit requirements and approval procedures for use of an escort that is formally trained as an oversize/overweight transport escort as approved by the Department, in lieu of a police escort as currently allowed.

Currently, ch. Trans 252 allows the Department or local permit issuing authority to require the permittee to use an escort that is a uniformed police officer with a marked squad car, if the Department or permit issuing authority determines that the load or route presents difficulties that may require traffic direction or other specialized authority or knowledge that a law enforcement officer would have.

In recent years, as the State Patrol and other law enforcement agencies deal with greater workload and shrinking resources, providing oversize/overweight transport escort services, even if paid for by the permittee, exceeds the capacity of the agency.

By policy, the Department currently allows permittees to use a private transport escort that has obtained formal training, specializing in issues that a transport escort must understand and be able to put into operation. The training must satisfy the Department. This proposed rule amendment would establish this policy in the rule.

Even with specialized training, oversize/overweight transport escorts are not empowered to direct traffic. In promulgating this rule amendment, the Department will designate certain route locations and intersections at which a trained transport escort may, under approval by state or local law enforcement, provide some traffic direction strictly limited to passage of the oversize or overweight load.

Section 348.25 (3), Stats.

No federal regulations address escort requirements for oversize or overweight transport.

Motor carriers that obtain permits for oversize and overweight transport, businesses that provide oversize/overweight transport escort services, law enforcement agencies, and the Department and local permitting authorities and authorities in charge of maintenance of state and local highways.

100 hours.

Revises Chapter Trans 254, relating to policies and procedures for single trip oversize and overweight permits.

This rule making will amend the rule to incorporate Department policies and procedures that have been established, and to accommodate changes in the industry environment since the rule was last revised. Specifically, the rule proposes to:

In addition, the rule will require a single trip permit applicant to provide a route survey of the proposed route that determines the sufficiency of the route to handle the length, width, and height of the load as well as the weight, including sufficiency of turns to accommodate the turning radius of the load, and specifying any pre-move remediation of identified problems. The route must be surveyed by a professional transportation engineer. The rule will clarify that the applicant is responsible for any costs incurred as a result of any at-fault incidents on the route.

Currently, Department policy and procedure addresses several of the proposed rule changes. However, in the absence of rule authority, the department may not require certain things; for example, while most carriers carry insurance significantly greater than current minimums, the department may not require higher amounts.

Currently, the applicant proposes a route for a single trip permit, and the Department approves the route or stipulates a different route. The policy proposed in this rule will accomplish three objectives: First, it will reduce workload requirement for the Department engineering staff, as the Department is faced with growing numbers of oversize and overweight permit applications at the same time as reductions in staffing. Second, it will assure that the applicant has driven the route, is familiar with all potential impediments, and has a plan to minimize impacts before the move, rather than repairing damage after the move. Third, it provides clear basis for understanding that the carrier, rather than the Department, is responsible for any costs incurred as a result of any at-fault incident on the route.

Section 348.25 (3), Stats.

This rule, like all Department size and weight rules and statutes, complies with federal regulations regarding size and weight limitations on federally funded highways.

Motor carriers that request oversize or overweight single trip permits.

Wisconsin law enforcement officers, who enforce size and weight restrictions.

Local governments and local highway authorities.

100 hours.

Revises Chapters Trans 267 and 268, relating to emergency energy conservations permits and emergency agricultural transportation permits.

Chapter Trans 268 governs emergency energy conservation permits under ss. 340.01 (15s) and 348.17 (3), Stats. Chapter Trans 267 governs emergency agricultural transportation permits under s. 348.17 (4), Stats. 2005 Wis. Act 364 repealed that provision and instead created s. 348.17 (5), Stats., allowing overweight transport of certain crops during certain time periods. This proposed rule amendment will combine ch. Trans 267 into ch. Trans 268.

The proposed amendment will incorporate provisions on operation, permit suspension, driver requirements, and similar provisions that apply to all permits, to make the rule consistent with other overweight rules. The proposed amendment will include provisions related to any permit that might be authorized by any Gubernatorial declaration of agricultural emergency unrelated to s. 348.17(5), Stats.

The proposed rule amendment will reflect updated statutory provisions related to overweight agricultural transport, and will incorporate into this rule current Department policies that apply to all overweight permits.

Sections 348.17 (3) and 348.25 (3), Stats.

This rule, like all Department size and weight rules and statutes, complies with federal regulations regarding size and weight limitations on federally funded highways.

Motor carriers that request emergency energy or agricultural transport permits.

Wisconsin law enforcement officers who enforce weight restrictions.

Local governments and local highway authorities

100 hours.

Revises Chapters Trans 510 and 512, relating to the Transportation Facilities Economic Assistance and Development Program, and the Transportation Infrastructure Loan Program.

The objective of the proposed rule is to implement the provisions of 2007 Wis. Act 125 that relate to verified statements from an independent certified accountant and the director or principal officer of the recipient of the grant or loan for each economic development program administered by the Department.

Under chs. Trans 510 and 512, there are existing policies regarding job guarantees, reporting requirements, benchmarks and payback provisions for failure to meet the requirements under the project agreements. However, the existing rules do not include in text any requirement for (1) the submittal of a verified statement signed by both an independent certified accountant and the director or principal officer of the recipient of an economic development grant or loan; (2) the Department to coordinate the development of these accountability measures with the other State agencies that administer economic development programs; or (3) standardized reporting requirements for the economic development programs.

Section 84.01 (6m) (b) 6., 7. and (11m), Stats., as created by 2007 Wis. Act 125.

No federal regulation applies to other DOT programs defined as an “economic development program" under 2007 Wis. Act 125. The Act defines economic development program as a program or activity having the primary purpose of encouraging the establishment and growth of business in the state, including the creation and retention of jobs. DOT programs are transportation infrastructure projects that contribute to mobility, safety and efficiency transporting freight and the traveling public.

This rule making may affect any public entity that chooses to accept an economic development grant or loan administered by the Department.

40 to 80 hours.