Rule-making notices
Notice of Hearing
Employment Relations Commission
NOTICE IS HEREBY GIVEN that pursuant to ss. 111.09, 111.71, 111.94 and 227.11, Stats., and interpreting 111.09, 111.71, and 111.94, Stats., the Wisconsin Employment Relations Commission will hold a public hearing in the Commission's Conference Room at 18 South Thornton Avenue in the City of Madison, Wisconsin on the 18th day of December, 2003, at 11:00 a.m. regarding the Commission's proposed promulgation of the following permanent administrative rules increasing filing fees.
The Commission invites the public to attend the hearing and to present verbal and/or written comments regarding the proposed rules. In addition to or instead of verbal testimony, written comments can also be sent directly to the Commission at werc@werc.state.wi.us or at Wisconsin Employment Relations Commission, P.O. Box 7870, Madison, Wisconsin 53707-7870. Written comment should be received by the Commission on or before December 18, 2003.
SECTION 1. ERC 1.06 (1)(2) and (3) are amended to read:
ERC 1.06 Fees. (1) Complaints. At the time a complaint is received alleging that an unfair labor practice has been committed under s. 111.06, Stats., the complaining party or parties shall pay the commission a filing fee of $40. $80. The complaint is not filed until the fee is paid.
(2) Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.10, Stats., the parties to the dispute shall each pay the commission a filing fee of $125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.11, Stats., the parties to the dispute shall each pay the commission a filing fee of $125. $250.
SECTION 2. ERC 10.21 (1)(2)(3)(4) and (5) are amended to read:
ERC 10.21 Fees. (1) Complaints. At the time a complaint is received alleging that a prohibited practice has been committed under s. 111.70(3), Stats., the complaining party or parties shall pay the commission a filing fee of $40. $80. The complaint is not filed until the fee is paid.
(2) Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.70 (4) (c) 2., or (cm) 4., Stats., the parties to the dispute shall each pay the commission a filing fee of $125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.70 (4) (c) 1. or (cm) 3., Stats., the parties to the dispute shall each pay the commission a filing fee or $125. $250.
(4) Fact-finding. At the time a request is received asking the commission to initiate fact-finding under s. 111.70 (4) (c) 3., Stats., the parties to the dispute shall each pay the commission a filing fee of $125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
(5) Interest arbitration. At the time a request is received asking the commission to initiate interest arbitration under s. 111.70 (4)(cm)6., (4)(jm) or 111.77(3), Stats., the parties to the dispute shall each pay the commission a filing fee of $125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
SECTION 3. ERC 20.21 (1)(2)(3) and (4) are amended to read:
ERC 20.21 Fees. (1) Complaints. At the time a complaint is received alleging that an unfair labor practice has been committed under s. 111.84, Stats., the complaining party or parties shall pay the commission a filing fee of $40. $80. The complaint is not filed until the fee is paid.
(2) Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s. 111.86, Stats., the parties to the dispute shall each pay the commission a filing fee of $125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s. 111.87, Stats., the parties to the dispute shall each pay the commission a filing fee of $125. $250.
(4) Fact-finding. At the time a request is received asking the commission to initiate fact-finding under s. 111.88, Stats., the parties to the dispute shall each pay the commission a filing fee of $125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
Analysis Prepared by the Wisconsin Employment Relations Commission
These proposed rules provide the increased filing fee revenue needed to support 2.0 Program Revenue positions authorized by 2003 Wisconsin Act 33.
Initial Regulatory Flexibility Analysis
Small businesses rarely use those Commission's services impacted by the increase in filing fees. The occasional impact on small business of the fee increase will be limited to payment of the employer share of the increased fees.
Fiscal Estimate
During the last four fiscal years, WERC has averaged $225,000 in filing fee revenue.
WERC estimates that doubling the existing filing fee levels will produce some reduction in the requests for WERC fee-related services but produce an additional $200,000 in fee revenues annually.
Because the vast majority of filing fee revenue is derived from services for which the union and employer each pay 50% of the fee and because the vast majority of the WERC's fee-related services are provided to public sector employers and the unions representing their employees, WERC anticipates that doubling the existing fees will increase the costs of public sector employers by $100,000 annually.
Contact Persons
Judith Neumann
Chair
WERC
P.O. Box 7870
Madison, WI 53707-7870
266-0166
Peter G. Davis
General Counsel
WERC
P.O. Box 7870
Madison, WI 53707-7870
266-2993
Notice of Hearing
Health and Family Services
(Health, Chs. HFS 110—)
[CR 03-111]
Notice is hereby given that pursuant to ss. 227.16 (1), 227.17 and 227.18, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of sections HFS 117.01 to 117.04 and the repeal and recreation of section HFS 117.05, relating to fees for copies of health care records.
Hearing Information
The public hearing will be held:
Monday, December 15, 2003 at 9:00 a.m.
Room 751
1 West Wilson St.
Madison, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Section 146.83 (3m), Stats., as created by 2001 Wisconsin Act 109 and s. 908.03 (6m) (d), Stats., as amended by 2001 Wisconsin Act 109, requires the Department prescribe by rule fees for reproducing patient health care records that are the maximum amount a health care provider may charge. The fee limits are to be based on an approximation of actual costs. The statutes allow health care providers to also charge for postage or other delivery costs.
To develop these rules, the Department formed a 14-member advisory committee in early February, 2003. The committee consisted of equal representation of those who maintain health care records and those who request records. Over the following three months, the Department also created a website on which it posted pertinent documents for review by interested parties and encouraged persons to register to receive email notifications of new Department postings on the website.
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