Permanent.

N/A.

The Department proposes to initiate an evaluation of reporting, monitoring, and record-keeping requirements that apply to owners and operators of stationary sources, as that term is defined in s. 285.01 (41), Stats., with the objective of identifying opportunities, and then promulgating rules, to simplify, reduce, and increase the efficiency of those requirements, while remaining consistent with all applicable requirements under the Clean Air Act. The Department, in part, is required to initiate this rulemaking effort under s. 285.17 (4), Stats.

The Department is also proposing rulemaking of a clarifying or clean-up nature in the identified chapters. The Department may propose changes where existing rule language has been found to be unclear or susceptible to unintended interpretation. Changes of a clean-up nature are periodically necessary, for example, to correct errors in internal administrative code or statutory references, or to update references as a result of changes to federal regulations or reference test methods.

The proposed rulemaking will not affect existing policy or include any new policies. The Department did not prepare an analysis of policy alternatives since the proposed rulemaking is only intended to simplify, reduce, and increase the efficiency of certain requirements, or is of a clarifying or clean-up nature.

The following statutory provisions provide authority for the proposed rulemaking; ss. 227.11 (2) (a), 285.11 (1) and (6), and 285.17 (1) (a), (2) (a), and (4), Stats.

Sections 227.11 (2) (a) and 285.11 (1), Stats., provide general rulemaking authority to promulgate rules interpreting and implementing the provisions of ch. 285, Stats., which is enforced and administered by the Department. Section 285.11 (6), Stats., requires that the Department develop, and thereafter be responsible for the revision and implementation of, plans for the prevention, abatement, and control of air pollution in the state. Numerous chapters potentially affected by the proposed rulemaking have been submitted to the U.S. Environmental Protection Agency under the Clean Air Act and are part of these plans. These rules must conform to the Clean Air Act except as provided for in s. 285.11 (6), Stats. The Department does not believe these exceptions apply to the proposed rulemaking. Authority for rulemaking specific to reporting, monitoring, and recordkeeping is contained in s. 285.17, Stats. Section 285.17 (1) (a), Stats., establishes that the Department may by rule, after classifying air contaminant sources, require reporting for any of the classes. Similarly, s. 285.17 (2) (a), Stats., establishes that the Department may by rule require the owner or operator of an air contaminant source to monitor emissions or to monitor the ambient air in the vicinity of the source and to report the results of the monitoring to the Department. Section 285.17 (4), Stats., which became effective on July 2, 2013, and was created under 2013 Wisconsin Act 20, specifically directs the Department to evaluate reporting, monitoring, and record-keeping requirements imposed on owners or operators of stationary sources of air pollution that are required to have an operation permit under s. 285.60, Stats., but are not required to have an operation permit under the federal Clean Air Act. This statutory provision further directs the Department to promulgate rules to simplify, reduce, and increase the efficiency of these requirements.

The Department anticipates that approximately 1,000 hours of state employee time will be needed to complete the promulgation process for this proposed rulemaking.

Rule requirements for reporting, monitoring, and record-keeping are established based on a variety of factors including the pollutant involved and the amount being emitted, the units of the applicable emission limitation, whether emission control equipment is being used and the type of equipment, and the compliance demonstration method being used, to mention a few. Existing rules establish these requirements for a broad array of industrial source categories from small businesses involved in painting operations to major sources like paper mills and electric utilities. Any of these sources or source categories may potentially be affected by this proposed rulemaking.

Many of the Department's air pollution control rules, including those for reporting, monitoring, and record-keeping, are based on existing U.S. Environmental Protection Agency regulations or guidance or are required as part of Wisconsin's state implementation plan under the Clean Air Act. After an evaluation of reporting, monitoring, and record-keeping requirements has been completed, the Department will be able to identify those specific changes to be pursued to simplify, reduce, and increase the efficiency of these requirements. At that time, as part of the preparation of any proposed rules, the Department is required under s. 227.14 (2) (a) 3., Stats., to, and will be in a better position to, conduct this same comparison to relevant federal regulations. Any changes made under this proposed rulemaking will be consistent with all applicable requirements under the Clean Air Act.

The Department assumes that the overall economic impact of implementing the proposed rules will be minimal to moderate and that the proposed rules will not have a significant impact on small businesses. Given the objectives of the proposed rulemaking as detailed in Section 2, the economic impact is expected to be positive. That is, the simplification, reduction, and increased efficiency of reporting, monitoring, and record-keeping rules, and the general clarification and correction of other rules should lead to cost savings for all sources affected by these requirements.

Considerable time and effort will be required to complete, as proposed in this rulemaking, an evaluation of reporting, monitoring, and record-keeping requirements and to develop and consider opportunities to simplify, reduce, and increase the efficiency of these requirements. The Department will work with interested stakeholders in the evaluation and any subsequent rulemaking effort.

During the evaluation and rulemaking process, the Department will develop a more complete picture of those potentially affected by this effort. This will allow the Department to plan for an appropriate number of hearings as well as locations and timing for hearings.

Kristin Hart

(608) 266-6876

kristin.hart@wisconsin.gov

This statement of scope was approved by the Governor on September 20, 2013.

Revises Chapters SPS 80 to 87.

Real estate appraiser requirements.

Permanent.

N/A.

The purpose of the proposed rule is to bring current administrative code regulating appraisers in line with the federal policy generated by the Appraiser Qualifications Board (AQB). In addition, pursuant to Executive Order #61, the department will take this opportunity to review chs. SPS 80 to 87 in order to discover ways to reduce the regulatory impact on small business as long as it does not result in non-compliance with AQB standards.

In December of 2011, the Appraiser Qualifications Board of the Appraisal Foundation adopted changes to the Real Property Appraiser Qualification Criteria. These changes will go into effect on January 1, 2015. This new criteria will impact education, experience, and examination requirements for licensed appraisers, certified general appraisers, and certified residential appraisers. As a result of the new federal policy, the department seeks to revise chs. SPS 80 to 87. This is a federal mandate prompted by the Appraiser Qualifications Board. Since the AQB sets the minimum requirements for each state to implement and licensees must be AQB compliant in order to conduct federally related transactions, there is no alternative to rule making.

The Department will review chs. SPS 80 to 87, pursuant to Executive Order #61, and look for ways to reduce the regulatory impact on small business in areas which do not impact AQB compliance.

The Department of Safety and Professional Services has specific rule making authority pursuant to s. 227.11 (2) (a), Stats., which provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it…" Section 444.03 (1), Stats., specifies, “the department may promulgate rules defining uniform procedures to be used by the department, [and] the real estate appraisers board..." In s. 458.03 (1) (b), Stats., the board may, “promulgate rules establishing criteria for the approval of educational and continuing educational programs and courses of study for appraisers and establishing criteria for the approval of the courses required under ss.458.06 (2) (d) and 458.08 (2) (d)."

125 hours.

Licensed appraisers, certified residential appraisers, and certified general appraisers as well as applicants and individuals who hold these credentials.

Title XI Financial Institutions Reform, Recovery, and Enforcement Act of 1989 mandates that all state certified appraisers must meet the minimum education, experience, and examination requirements promulgated by the Appraisal Qualifications Board (AQB).

The Department anticipates a minimal economic impact.

Shawn Leatherwood, (608) 261-4438.

This statement of scope was approved by the Governor on September 27, 2013.

Amends Chapters DWD 111, 113, 115, 132, and 140. Creates Chapter DWD 114.

Amendments to unemployment insurance Administrative Code provisions under 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.

Permanent.

N/A.

The proposed rule will ensure that the Department of Workforce Development (Department) is enacting amendments to the unemployment insurance (UI) administrative rules that are required by or necessary as a result of the passage of 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36. Consistent with this legislation, the proposed rule will also create the administrative procedures to:

In addition, the Department will repeal various rule sections due to amendments to the statutes requiring repeal of the administrative code provisions and make minor and technical corrections to current rules.

Section 108.22, Stats., grants the Department the authority to assess a tardy filing fee on employers that file a late quarterly wage report. Section DWD 111.07 identifies when the Department will assess the tardy filing fee and the criteria for determining the amount of the fee. 2013 Wisconsin Act 36 amended s. 108.22, Stats., and provides that an employer shall be charged a tardy filing fee for each delinquent quarterly report in the amount of $100, or $20 per employee, or, if the report is filed within 30 days of its due date, in the amount of $50. The changes made by 2013 Wisconsin Act 36 are inconsistent with the current provisions of s. DWD 111.07. As a result, the provisions of s. DWD 111.07 should be amended to reflect current law.

Section 108.22, Stats., provides that the Department shall charge interest when an employer is delinquent in paying UI taxes. 2013 Wisconsin Act 36 creates s. 108.22 (1) (cm), Stats. In limited circumstances, s. 108.22 (1) (cm), Stats., grants the Department the authority to waive or decrease the interest charged to employers who are late in making their unemployment insurance tax payments and provides that the Department shall prescribe rules to exercise this authority. Chapter DWD 113 controls the Department's ability to waive or decrease the interest charged. The Department intends to amend this chapter to reflect the changes provided by 2013 Wisconsin Act 36.

2013 Wisconsin Act 36 creates s. 108.227, Stats., and grants the Department for the first time the ability to revoke various licenses or deny an application for various licenses based on delinquent UI contributions. 2013 Wisconsin Act 36 requires the Department to promulgate rules with respect to the process the Department will use when it seeks to revoke a license or deny an application for a license as a result of the employer being delinquent in paying UI contributions. The Department will promulgate these rules by creating ch. DWD 114.

2013 Wisconsin Act 36 creates s. 108.223, Stats., and grants the Department for the first time the authority to operate a financial records matching program. This program allows the Department to identify the assets held at financial institutions of persons who are delinquent in paying debts related to the UI program. Chapter DWD 114 will be created to include procedures and requirements for financial institutions for implementation of the program. Similar programs are being operated by the Departments of Children and Families, Revenue, and Health Services. The Department intends to promulgate rules to ensure that the program operated by the Department can be run consistently with the Departments of Children and Families, Revenue, and Health Services. These rules will be promulgated within the newly created ch. DWD 114.

Section 108.16 (8) (b) 4., Stats., outlines the statutory requirements for the Department to accept an optional successorship application from a business. Successorship occurs when all or a portion of the former owner's UI account is transferred to the new owner due to a transfer of all, or a portion of, the business. If a former business has a positive UI account, in limited circumstances the new owner of the business may elect to file an optional successorship application with the Department. Consistent with s.108.16 (8) (b) 4., Stats., s. DWD 115.07 (2) affords the requirements the Department must follow in accepting an optional successorship application from a business. 2013 Wisconsin Act 36 amended the provisions of s. 108.16 (8) (b) 4., Stats., to allow the Department the ability to accept a late optional successorship application from a business, if the application was late as a result of excusable neglect. Amendments to s. DWD 115.07 (2) are necessary to make rule provisions consistent with the newly amended s. 108.16 (8) (b) 4., Stats.

2013 Wisconsin Act 20 repealed s. 108.04 (7) (k), Stats. This provision provided that a UI claimant who quits a job was still eligible for UI benefits if the claimant had two jobs and the claimant had quit a part-time job because it was economically not feasible to maintain due to the loss of his or her full-time job. Section DWD 132.03 clarified the provisions of s. 108.04 (7) (k) prior to its repeal by 2013 Wisconsin Act 20, Stats., and is no longer needed.

2013 Wisconsin Act 36 created s. 108.14 (26), Stats. Section 108.14 (26), Stats., provides that the Department shall prescribe by rule a standard affidavit form that may be used by parties involved in UI administrative appeals. Chapter DWD 140 provisions control appeals, and the Department will prescribe the standard affidavit form within this chapter. In addition, the Department will amend sections within ch. DWD 140 to incorporate modern technology changes for UI administrative appeals.

The policy alternative of doing nothing is not acceptable. If the Department fails to adopt these amendments to the already existing rules and create ch. DWD 114, the administrative rules will be inconsistent with recently adopted amendments to state statutes as a result of the passage of 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.

Section 108.14 (2), Stats., provides in part, “[t]he department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter."

Section 108.22 (1) (cm), Stats., provides in part, “[i]n limited circumstances as prescribed by rule of the department, the department may waive or decrease the interest charged" to employers subject to the UI program.

Section 108.227 (1m), Stats., provides in part, “[t]he department shall promulgate rules specifying procedures to be used before taking action" to suspend a license of an employer who is delinquent in paying UI taxes.