Ch. Comm 30, relating to wildland fires and general update.

Objective of the proposed rule. To update the provisions of the Department's administrative rules relating to the occupational safety and health standards for public sector employees engaged in wildland firefighting. This update will include a review of current practices and standards related to wildland firefighting. This update will also include a general update of chapter Comm 30, including a review of nationally recognized standards related to firefighter safety and health.

Section 101.055, Stats., requires the Department to provide public sector employees with safety and health protection at least equivalent to that afforded to private sector employees under standards adopted by the federal Occupational Safety and Health Administration. Chapter Comm 30 establishes and further delineates safety and health standards for public sector fire department employees and specifies minimum safety procedures for those individuals involved in fire suppression, rescue and related activities. This particular update will specifically address wildland firefighting. The alternative of not updating Chapter Comm 30 would result in public sector employees not being provided with safety and health protection equivalent to that afforded to private sector employees.

Section 101.055 (3), Stats.

The Department estimates that it will take approximately 500 hours to develop this rule. This time includes forming and meeting with a subcommittee, meeting with an advisory council, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.

Ch. Comm 32, relating to public employee safety and health.

Objective of the proposed rule. To update the provisions of the Department's administrative rules relating to occupational safety and health standards for public employees. This update will include adoption by reference of the current applicable federal Occupational Safety and Health Administration (OSHA) standards.

Section 101.055, Stats., requires the Department to provide public sector employees with safety and health protection at least equivalent to that afforded to private sector employees under standards adopted by the federal Occupational Safety and Health Administration (OSHA). Currently, chapter Comm 32 adopts the 2001 edition of the federal OSHA safety and health standards. The proposed rule would adopt the 2003 edition of the federal OSHA safety and health standards. Wisconsin modifications to the OSHA standards may also be included in the proposed rule. The alternative of not updating chapter Comm 32 would result in public employees not being provided with safety and health protection at least equivalent to that afforded to private sector employees.

Section 101.055 (3), Stats.

The Department estimates that it will take approximately 200 hours to develop this rule. This time includes research, meeting with an advisory council, drafting the rule and related documents, and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.

Regarding Section Ins 4.10, Wis. Adm. Code, relating to requirements for the Wisconsin Insurance Plan (“WIP")

Objective of the proposed rule. To make a change in the governing committee size and membership groups and to make changes to certain administrative requirements of the plan including the time period in which a hearing should be held.

The current board makeup is too large for the plan. A smaller size, as recommended by the current board, would allow more streamlined administration. Some of the current requirements for the administration of the plan need to be reviewed. One such modification would be to allow more time to schedule hearings as permitted by the Statutes.

The alternative to changing the requirements would be to keep them as they currently exist.

Section 619.01, Stats., allows the commissioner to set the requirements for risk-sharing plans such as WIP to serve residual markets.

40 hours.

The Department is proposing to amend Chapter NR 64 which pertains to the administration of the all-terrain vehicle program. Specifically the Department will amend the maximum rates for reimbursement of eligible expenses for the maintenance of both summer and winter all-terrain vehicle trails covered under Department financial aid agreements.

Currently the recreation committee of the Wisconsin County Association together with representatives of the organized all-terrain vehicle community have been discussing issues surrounding all-terrain vehicle recreation and the all-terrain vehicle trail grants program. One of the conclusions they have reached is that the maximum rates of reimbursement are too low. Particularly for summer trails, the cost of maintaining the trails for safe and enjoyable use has far surpassed the current rates indicated in the rule. This has caused considerable hardship for county agencies attempting to provide all-terrain vehicle riding opportunities in leaner times. The current reimbursement rates have been in effect since 1999 and have only been amended once since 1986.

The proposed change will be developed in cooperation with the Wisconsin County Forest Association, the Wisconsin All-Terrain Vehicle Association and the Department's Off-Road Vehicle Advisory Council.

Section 23.33 (9), Stats.

Approximately 88 hours will be needed by Department staff to promulgate and implement the proposed rule changes. The Department anticipated seeking authorization for a hearing from the Board in April 2003, and seeking adoption of the rule changes in August 2003.

Revision of chs. RL 90 to 94 to reflect newly created statutory requirements for certification and practice as a certified massage therapist or bodyworker.

Objective of the rule. To implement the statutory provisions of 2001 Wisconsin Act 74.

The proposed revisions to chs. RL 90 to 94 are necessary to implement newly created ch. 460, Stats., pursuant to 2001 Wisconsin Act 74, governing the certification of massage therapists and bodyworkers. The proposed rules will in part modify the requirements necessary for qualified applicants, reciprocal certification, acceptable training programs, waivers of education requirements, renewals, acts constituting unprofessional conduct, and the handling of complaints by the department relating to specified allegations of sexual misconduct.

Section 227.11 (2) and ch. 460, Stats.

80 hours.

Objective of the rule. To clarify, for both the public and the Commission, the status of cases pending before the Commission and to alleviate the Commission's storage of non-active files.

Currently, when several petitioners appeal to the Commission from several actions of the Department of Revenue or the Department of Transportation (“Departments") involving the same or similar issues, they will commonly file a single Petition for Review with all of their names on it. The Commission assigns this single petition several docket numbers (i.e., case numbers), one for each petitioner.