Pursuant to s. 227.137, Stats., the department will notice for a 14-day period the proposed rule to gather input on the effect on small business.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Environmental Assessment/Statement: [if required]
N/A.
Agency Contact Person
Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-266-0955; email at jean.maccubbin@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
Ch. SPS 34, Firearms and Other Dangerous Weapons
3. Subject
Making this chapter consistent with the provisions in 2011 Act 35 (concealed carry), and specifically relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators.
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   No
9. Policy Problem Addressed by the Rule
Chapter SPS 34 currently does not address provisions in 2011 Act 35 with regard to persons holding a concealed carry certification issued by the state. The proposed rules address that license under this chapter to allow carry a weapon, concealed or otherwise without first obtaining a permit from the department.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The department posted the rules for economic impact for 14-days and no comments were received from these sectors.
11. Identify the local governmental units that participated in the development of this EIA.
The department posted the proposed rules for 14-day period and will summarize any input from this group.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This proposed rules do not mandate any additional licenses, qualifications, or fees to any of these sectors.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Chapter SPS 34 will be in conformance with the provisions of 2011 Act 35.
14. Long Range Implications of Implementing the Rule
The department rules will be consistent with Wisconsin's concealed carry law, 2011 Act 35.
15. Compare With Approaches Being Used by Federal Government
Chapter SPS 34 currently as promulgated is consistent with the minimum requirements of U.S. Code, 15 USC 5902 (b).
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
While the requirements of concealed carry laws in these adjoining states are substantially similar to Wisconsin's in application, safety, training and reciprocity, not all recognize specific groups being allowed to carry weapons concealed or otherwise while an owner or employee of private security agencies. These specific groups, outlined in 2011 Act 35 include: qualified law enforcement officers (in-state, out-of state and former), when acting as a private detective or private security person without first obtaining a firearms permit.
17. Contact Name
18. Contact Phone Number
Jean MacCubbin
608.266.0955
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Professional Services, Chs. 1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a), 440.03 (1), 458.03 (1) (b), 458.085, 458.10 (3), Wis. Stats., and interpreting ss. 458.06, 458.10, 458.13, Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections SPS 80.03 (2), (8a) and (8d), 81.02 (5) (Note) and (8), 81.05 (intro.), 82.01 (6), 83.01 (3) (e), (3)(g) (Note), and (4) (c), 83.02 (7), 84.01 (4), 84.03 (1) (b) 1. to 6., 84.04 (1) (b) (intro.) (Note) and 1. to 9., and Chapter SPS 86 Appendix I; to renumber Chapters SPS 80 (title), 81 (title), and 82 (title) and sections SPS 81.03 (1) to (2) (d), 81.05 (1) to (3), 82.02, 82.03, 82.04, 83 (title), 83.01 (1), (1a), and (2), 84 (title), 84.02, 84.03 (1) (title) (intro) and (a), and (2) (a) to (c), 84.04 (1) (title) (intro.) and (a), (1) (b) (intro.), (1) (b) (intro.) (Note) and 1. to 9., (2), and (3); to renumber and amend sections SPS 80.01, 80.02, 80.03 (intro.), (1) to (8), (8ag) to (8c) and (9) to (18), 81.01, 81.02 (1) to (7) and (8) (Note), 81.03 (2) (d) (Note), 82.01 (1) to (5), 83.01 (title), (3) (intro.) (a) to (d) and (f), (3m), (4) (intro.), (b), and (c) (Note), 83.02 (title) (1) to (6), 84.001, 84.01,84.03 (1) (b) (intro.), 84.04 (1) (b) (intro.), 85.01; to amend sections SPS 87.01 (2) and (3), 87.02 (1), (2) (intro.), (b) and (c), (3) (b) and (3) (c), 86.01 (1), (4), (9) and (11); to repeal and recreate Chapter SPS 85 (title); and to create sections SPS 85.100 (3m) and (19), 85.240, subch. III (title), 85.330, subch. IV (title), 85.410, 85.430, subch. V (title), 85.510 (title), 85.520 (8) and (9),85.530, 85.600 (7), 85.700 (4) (a) to (f), 85.820, 85.830, 85.840, subch. IX (title), 85.900 (7), 85.910 (2) (n) to (p), and 85.810 (7) (a), related to the examination, education, and experience requirements of real estate appraisers.
Hearing Information
Date:   Friday, March 14, 2014
Time:  
9:00 a.m.
Location:
  1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121B
  Madison, Wisconsin
Appearances at the Hearing
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 Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to Shancethea.Leatherwood@wisconsin.gov. Comments must be received on or before March 14, 2014, to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at Shancethea.Leatherwood@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd- 49da-8fde-046713617e9e.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Sections 458.06, 458.08, 458.10, 458.13, Stats.
Statutory authority
Explanation of agency authority
The Department of Safety and Professional Services (Department) may promulgate rules interpreting the provision of any statute it enforces or administers per s. 227.11 (2) (a), Stats. Pursuant to s. 440.03 (1), Stats., the Department may promulgate rules defining uniform procedures to be used by the Real Estate Appraisers Board. The Department is specifically granted rule-making authority, pursuant to s. 458.03 (1) (b), Stats., to promulgate rules regarding establishing the criteria for approval of educational courses and continuing educational programs. Section 458.085, Stats., grants the Department the authority to draft rules establishing educational, experience and continuing education requirements for licensed and certified appraisers. Lastly, s. 458.10 (03), Stats., states that the Department may establish rules specifying the requirements for certification or licensure that must be fulfilled before the applicant is eligible for examination. The subject of these purposed rules relate to uniform procedures with regard to education, experience, and examination requirements as well as other standard application procedures. Therefore the Department is both generally and specifically authorize the proposed rule
Related statute or rule
None.
Plain language analysis
The Financial Institutions Reform Recovery Act of 1989 (“FIRREA")12 U.S.C. 3331 et seq. gives authority to the Appraiser Qualifications Board (AQB) to set minimum qualification requirements for real estate appraisers. Those minimum requirements will change as of January 1, 2015. The changes include the following: education and experience must be completed prior to taking the National Uniform Licensing and Certification Examinations, applicants for the certified residential and certified general credentials must have a Bachelor's degree or higher from an accredited college or university, applicants for the licensed residential credential must successfully complete 30 semester hours of college-level education from an accredited college, junior college, community college, or university, or have an Associate's degree or higher from an accredited college, junior college, community college or university. All applicants for an initial credential must undergo a background check. Finally a prohibition against repetitive use of continuing education within the same continuing education cycle will be instituted. Clarification of the term “written examination" will be provided. The Department seeks to implement these changes via the proposed rules.
Summary of, and comparison with, existing or proposed federal regulation
The Financial Institutions Reform Recovery Act of 1989, (“FIRREA") 12 U.S.C 3331, et. seq. regulates real estate appraisers on the federal level. The purpose of FIRREA “is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 U.S.C. 3331. This federal mandate is accomplished via the Appraiser Qualification Board (AQB) and the Appraisal Subcommittee (ASC). The ASC monitors state regulation of certified and licensed appraisers and reviews each state's compliance with federal legislation.
The AQB sets the minimum qualifications for real estate appraisers. The minimum qualifications criteria established by the AQB are set forth in the Real Property Appraiser Qualifications Criteria and Interpretations of the Criteria (“Criteria") The AQB Criteria includes the minimum experience, examination, qualifying education, and continuing education requirements that must be satisfied by an individual in order to obtain and maintain a real estate appraiser credential.
Comparison with rules in adjacent states
Illinois: Illinois issues certified general, certified residential and associate real estate trainee appraiser credentials. The licensure, educational, experience and continuing education requirements set forth in 68 Il. Admin. Code 1455.10 et. seq. (2013) meets the minimum requirements set by the AQB.
Iowa: Iowa credentials certified residential, certified general and associate real property appraisers. The associate real property appraiser is substantially equivalent to the federal category of trainee real property appraisers. Unlike Iowa, Wisconsin does not credential trainee real property appraisers. The education, experience, and examination requirements promulgated by Iowa Admin Code 193F-4.1, 193F-5.1 (1) and 193F-6.1 (2013), meet the minimum requirements set forth by the AQB.
Michigan: Michigan credentials limited real estate appraisers, state licensed real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers. The state licensed real estate appraiser is similar to Wisconsin's licensed appraiser. The certified general and certified residential requirements are consistent with the AQB's minimum requirements. The limited real estate appraiser is equivalent to the trainee real property appraiser. MCLS § 339.2601 (2013).
Minnesota: Minnesota regulates trainee real property appraisers, licensed residential real property appraisers, certified residential real property appraisers, and certified general real property appraisers. The Licensed residential real property appraiser credential is similar to Wisconsin's licensed appraiser credential. The education, examination, and experience requirements for all classes of credentials for real estate appraisers is set forth in Minn. Stat. §§82B.11, 82B.12, 82B.13, 82B.14 (2013), and are consistent with the minimum requirements established by the AQB.
Summary of factual data and analytical methodologies
The AQB minimum qualification requirements for real estate appraisers will change as of January 1, 2015. The Department has reviewed the changes in order to determine how the changes will impact the current rules. The Department has determined that the current rules need to be aligned with the new AQB minimum criteria for licensure of real estate appraisers. The Department has considered the suggestions of the Appraisal Subcommittee in making the necessary changes to the current rules.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at Tom.Engels@wisconins.gov, or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement: [if required]
None.
Agency Contact Person
Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-261-4438; email at Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
SPS 80- 87
3. Subject
Examination, Education and experience requirements for real estate appraisers
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED X PRO   PRS   SEG   SEG-S
20.165 (1)(g)
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
X Increase Costs
X Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
Real estate appraisers are regulated by state and federal legislation. On the state level real estate appraisers are regulated by ch. 458, Stats. and Wis. Admin. Code SPS 80-87. On the federal level real estate appraisers are regulated by the Financial Institutions Reform Recovery Act of 1989 (“FIRREA") 12 U.S.C. 3331 et seq. Implementation of the federal standards are overseen by the Appraisal Subcommittee (ASC). The ASC monitors state regulations of certified and licensed appraisers and reviews each state's compliance with federal legislation. The ASC also monitors the Appraiser Qualifications Board (AQB) which establishes the minimum education, experience and examination requirements for real property appraisers to obtain state credentials. The minimum education, experience and examination requirements, as set by the AQB, will change as of January 1, 2015. Consequently, the state regulations must be amended to bring them into conformity with the federal mandate.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The proposed rule will primarily affect current real estate appraisers credential holders and applicants for real estate appraiser credentials. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from businesses, associations representing businesses, local governmental units and individuals that may be affected by the rule. No comments were received.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This proposed rule will not have a significant impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of implementing the proposed rule is bringing relevant Wis. Admin. Code into conformity with the federally mandated minimum education, experience and examination requirements established by the AQB.
14. Long Range Implications of Implementing the Rule
The proposed rule will provide greater guidance to applicants seeking licensure within the real estate appraiser profession.
15. Compare With Approaches Being Used by Federal Government
The Financial Institutions Reform Recovery Act of 1989, (“FIRREA") 12 U.S.C 3331, et. seq. regulates real estate appraisers on the federal level. The purpose of FIRREA “is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 U.S.C. 3331. This federal mandate is accomplished via the Appraiser Qualification Board (AQB) and the Appraisal Subcommittee (ASC). The ASC monitors state regulation of certified and licensed appraisers and reviews each state's compliance with federal legislation.
The AQB sets the minimum qualifications of real estate appraisers. The minimum qualifications criteria established by the AQB are set forth in the Real Property Appraiser Qualifications Criteria and Interpretations of the Criteria (“Criteria") The AQB Criteria includes the minimum experience, examination, qualifying education, and continuing education requirements that must be satisfied by an individual in order to obtain and maintain an appraiser credential.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
All states must be in compliance with the federal minimum criteria established by the AQB by January 1, 2015.
Illinois: Illinois issues certified general, certified residential and associate real estate trainee appraiser credentials. The licensure, educational, experience and continuing education requirements set forth in 68 Il. Admin. Code 1455.10 et. seq. (2013) meets the minimum requirements set by the AQB.
Iowa: Iowa credentials certified residential, certified general and associate real property appraisers. The associate real property appraiser is substantially equivalent to the federal category of trainee real property appraisers. Unlike Iowa, Wisconsin does not credential trainee real property appraisers. The education, experience, and examination requirements promulgated by Iowa Admin Code 193F-4.1, 193F-5.1 (1) and 193F-6.1 (2013), meet the minimum requirements set forth by the AQB.
Michigan: Michigan credentials limited real estate appraisers, state licensed real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers. The state licensed real estate appraiser is similar to Wisconsin's licensed appraiser. The certified general and certified residential requirements are consistent with the AQB's minimum requirements. The limited real estate appraiser is equivalent to the trainee real property appraiser. MCLS § 339.2601 (2013).
Minnesota: Minnesota regulates trainee real property appraisers, licensed residential real property appraisers, certified residential real property appraisers, and certified general real property appraisers. The Licensed residential real property appraiser credential is similar to Wisconsin's licensed appraiser credential. The education, examination, and experience requirements for all classes of credentials for real estate appraisers is set forth in Minn. Stat. §§82B.11, 82B.12, 82B.13, 82B.14 (2013), and are consistent with the minimum requirements established by the AQB.
17. Contact Name
18. Contact Phone Number
Shawn Leatherwood
608-261-4438
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Professional Services, Chs. 1—299
General, Part IV, Chs. 388
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a), 227.04 (2) (b), and 440.03 (1) and (13) (am), Wis. Stats., and interpreting ss. 227.11 (2) (a), 227.46 (1), and 440.205, Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters SPS 1 Appendices I and II, SPS 2 Appendix I, SPS 3 Appendix I, and SPS 8 Appendix I, and sections SPS 4.07 (30) and (59), 4.08 (2), 8.02 (5) (a), (b), and (c), and 500.10 (2) (a); to renumber section SPS 500.10 (2) (b); to amend sections SPS 1.03 (4) and (6), 2.03 (6), 2.08 (2), 2.15 (5), 2.18 (4), 3.03 (4), 4.01, 4.04 (1), 6.03 (7), 6.08, 6.09 (2), (3), and (5), 6.11 (1) (intro.), (a) and (b) and (2), 7.02 (4), and 8.02 (4) and (5) (intro.); and to create sections SPS 6.11 (1) (c), 500.03 (3), and 500.04, relating to administrative procedures and small business discretion.
Hearing Information
Date:   Monday, March 17, 2014
Time:  
10:00 a.m.
Location:
  1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin
Appearances at the Hearing
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. All submittals must be directed to Katie Paff, Program and Policy Analyst, at Kathleen.Paff@wisconsin.gov; or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted And Deadline For Submission
Comments may be submitted to Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Kathleen.Paff@wisconsin.gov. Comments must be received on or before the public hearing to be held on March 17, 2014, at 11a.m. to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at Kathleen.Paff@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Sections 227.11 (2) (a), 227.46 (1), 440.205, Stats.
Statutory authority
Explanation of agency authority
Section 227.04 (2) (b), Wis. Stats. Consistent with the requirements under s. 895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of “minor violation".
Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency: 1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 440.03 (1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section 440.03 (13) (am), Wis. Stats. A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
Related statute or rule
Sections 227.51, 440.205, and 895.59, Wis. Stats.
Plain language analysis
The rulemaking project updates the Department's administrative procedures through a number of modifications to chs. SPS 1 to 9. Modifications include:
1.   Clarifying procedures for summary judgment motions.
2.   Eliminating references to former Division titles.
3.   Modifying deadlines associated with the assessment of costs in s. SPS 2.18, Wis. Adm. Code.
4.   Repealing outdated appendices.
5.   Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.
6.   Adding pertinent rule authority references to ch. SPS 4, Wis. Adm. Code.
7.   Amending s. SPS 6.11, Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.