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November 2006 Wisconsin Small Business
Regulatory Alert
It's important for small businesses to have their voice heard
during the state rule-making process. To do this, you need to know when
rules are being developed by state agencies that may directly impact
your small business! Learn what state rules
are being promulgated or going to public hearing. In addition to
learning about rule development, the alerts will provide information
about trainings, workshops, conferences and other regulatory
information
important
to Wisconsin small businesses. Following are proposed rules of possible interest to small
businesses published in the November 1, 2006 and the November 15, 2006
Wisconsin Administrative Register. During the comment period,
individuals have an opportunity to express their support or opposition
to the rule. Rules included in this Alert may affect the
following types of business:
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Announcement of Hearings
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Announcement of Scope Statements
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Funeral Directors
-
Health Care Providers
Participating
in the Injured Patients and Families Compensation Fund
-
Installers, Designers and Testers of Cathodic
Protection Systems for Tanks Systems That Hold Flammable, Combustible
or Hazardous Liquids and Installers, Removers, Testers, Liners,
Cleaners or Closure Assessment Contractors for Tanks Regulated by Comm
10
-
Physicians and Certified Registered Nurse
Anesthetists (subject to 655, Wis. Stats that have paid claims
experience that exceeds an established threshold
-
Trucking Businesses, Truck Suppliers,
Businesses Relying on Freight Delivery, and Air, Water and Rail Freight
Delivery Businesses
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News
from State Regulatory
Agencies
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Other
News for Small Business
Announcement of Hearings
Attn:
Employers offering Preferred Provider Plans and
Defined Network Plan, Insurers - The
Office of
the Insurance Commissioner purposes to revise a rule relating to
clarify the
differences of issuance dates and grandfathered dates between preferred
provider plans and defined network plans. This rule will have an effect
on small businesses only by
limiting requirements
otherwise applied by rules currently in effect, including Clearinghouse
rule
05-059.
Bottomline:
This rule includes information provided by insurance representatives.
Public Hearing will be held on 12/12/2006. To
view the rule revisions for the affected businesses listed above and
the Notice of Hearing click here.
Comments will be received until 12/20/2006 and can be submitted
electronically to Julie.Walsh@oci.state.wi.us.
You may also contact the OCI's Small Business Regulatory Coordinator
Eileen.Mallow@oci.state.wi.us.
Attn:
Lake Michigan Commercial
Fishers - The
Department of Natural Resources proposes to repeal and recreate a rule
relating
to the commercial fishing open seasons in Lake
Michigan for chubs.
Bottomline:
This purposed rule will repeal a sunset clause pertaining to commercial
fishing for chubs in Lake Michigan. Under these rules, the minimum
depth for commercial chub nets is 45 fathoms from Jan. 16 through April
25. If the proposed rule is not adopted and the sunset clause is
allowed to take effect, minimum depths would vary by area and season.
The DNR has determined that this rule may have an impact on small
businesses. To view the rule revisions for the
affected businesses listed above and the Notice of Hearing click here.
Comments will be received until 12/20/2006 and can be submitted
electronically to William.Horns@dnr.state.wi.us.
You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.
Attn:
Occupational Therapists - The Dept of Regulation and
Licensing purposes to
create a rule relating to continuing education waivers.
Bottomline:
The rule change will allow the occupational therapists examining board
to grant a postponement or a waiver if warranted of the requirements
for continuing education in circumstances related to hardship.
To view the rule revisions for the affected businesses listed
above and the Notice of Hearing click here.
Comments will be received until 11/22/2006 and can be submitted
electronically to Pamela.Haack@drl.state.wi.us.
You may also contact the DRL's Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.
Attn:
Optometrists - The Dept of Regulation and
Licensing purposes to
revise, repeal and amend a rule relating to examinations, endorsements,
delegation, Therapeutic pharmaceutical agents (TPA) / DPA, renewal and
continuing education relating to optometrists.
Bottomline:
This rule will allow optometrists to determine the level of oversight
required for supervision of unlicensed persons. Delegating authority
may generate costs to small business by requiring formal optometric
training; however, the decision to delegate these tasks is entirely
optional. The new rule provides that a licensee of another jurisdiction
with substantially equal training may transfer to Wisconsin. Rule
proposes 30 hours of continuing education for renewal of licensure. The
impact on biennial continuing education costs range from free (from
continuing education available) to $450 - $2,700 (maximum cost per hour
of continuing education for non-Wisconsin Optometric Association
members). Public Hearing will be held on 12/072006. To
view the rule revisions for the affected businesses listed above and
the Notice of Hearing click here.
Comments will be received until 12/07/2006 and can be submitted
electronically to Pamela.Haack@drl.state.wi.us.
You may also contact the DRL's Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.
Attn:
Physicians, Medical Scientists And Graduates of M.D. Training Programs
- The Dept of Regulation and Licensing proposes to revise a rule
relating to changes in the timeframe for completion of the 3-step
U.S. Medical Licensing Examination (USMLE).
Bottomline:
The proposed revision changes the timeframe for completion of the
3-step USMLE sequence from 7 to 10 years for graduates of a standard
M.D. training program. This rule primarily affects out-of-state
graduates and medical scientists who encounter delays in completing the
3-step examination. To view the rule revisions
for the affected businesses listed above and the Notice of Hearing
click here.
Comments will be received until 11/24/2006 and can be submitted
electronically to Pamela.Haack@drl.state.wi.us.
You may also contact the DRL's Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.
Attn:
Businesses Subject to the Federal EPA New Source Performance Standards
- The Department of Natural Resources proposes to revise a rule
relating to changes made by the EPA between July 1994 and April 2005 to
general requirements which apply to all source categories and to the
specific
standards for 60 individual source categories.
Bottomline:
According to the DNR, these proposed rules are substantially identical
to the rules already in effect at the federal level and should no
significant economic impact on small business. Hearing on November 21,
2006. To view the rule revisions for the affected
businesses listed above and the Notice of Hearing click here.
Comments will be received until 12/01/2006 and can be submitted
electronically to Robert.Eckdale@dnr.state.wi.us.
You may also contact the DNR's Small Business Regulatory Coordinator
SmallBusiness@dnr.state.wi.us.
Attn:
Women Owned Businesses, Businesses Requiring WBE Certification When
Purchasing Services and Goods from Women-Owned Businesses
- The Department of Commerce purposes to create a rule relating
certification procedures, recertification procedures, renewal
procedures and appeals of the Women's
Certification Program.
Bottomline:
This rule does have the potential to enable women-owned businesses that
meet the eligibility criteria to benefit from additional business
opportunities. Public hearing will be held on November 27, 2006.
To view the rule revisions for the affected businesses listed
above and the Notice of Hearing click
here. Comments will be received until November 30 and can be
submitted electronically to srockweiler@commerce.state.wi.us.
You may also contact the Commerce's Small Business Regulatory
Coordinator cdunn@commerce.state.wi.us.
Announcement of Scope Statements
(Announcement that the agency will begin rule development)
Attn:
Businesses that Harvest Wood from State Lands - The
Department of Natural Resources proposes a rule to revise the
management
authority given to the chief state forester.
Bottomline:
This proposed rule would allow the chief state forester to take actions
in response to emergencies that might be at odds with the master plan
for the property. The complexity of the potential impacts makes
developing a procedure to involve the input from affected parties an
important component of this rulemaking. To
review the entire Scope Statement, click here.
You may also contact's DNR's small business regulatory coordinator with
additional questions at SmallBusiness@dnr.state.wi.us.
Attn:
Funeral Directors - The Department of Regulation and
Licensing proposes a rule to revise to continuing education
requirements for funeral
directors.
Bottomline:
The rule revision will define requirements for licensees, the
requirements for providers to obtain approval of continuing education
and the qualifications for continuing education instructors.
To review the entire Scope Statement, click here.
You may also contact's DRL's small business regulatory coordinator with
additional questions at Larry.Martin@drl.state.wi.us.
Attn:
Health Care Providers Participating in the Injured Patients and
Families Compensation Fund - The Office of the Insurance
Commissioner purposes to revise a rule relating to establishing fund
fees and mediation panel fees for
FY 2008.
To view the entire Scope Statement, click
here.
You may also contact the OCI's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.
Attn:
Installers, Designers and Testers of Cathodic Protection Systems for
Tanks Systems That Hold Flammable, Combustible or Hazardous Liquids and
Installers, Removers, Testers, Liners, Cleaners or Closure Assessment
Contractors for Tanks Regulated by Comm 10 - The
Department of Commerce proposes a rule revision relating to the
certification categories related to storage of flammable, combustible
and hazardous liquids and to update the requirements
corresponding to those categories.
Bottomline:
This rule is being drafted to better reflect the nature of the work
performed by these professionals. Among the many changes is the
shortening of the approval duration for continuing education courses
from five to three years and expanding the reasons for denial,
suspension or revocation of a credential to include failure to maintain
or submit accurate, required records in a timely manner. This rule
proposes to require contractor liability insurance coverage for firms
that install, remove, test, line clean or perform closure assessment
for tank systems. To review the entire Scope
Statement, click here.
You may also contact Commerce's small business regulatory coordinator
with additional questions at cdunn@commerce.state.wi.us.
Attn:
Physicians and Certified Registered Nurse Anesthetists (subject to 655,
Wis. Stats that have paid claims experience that exceeds an established
threshold) - The Office of the Insurance Commissioner
purposes to revise a rule relating to peer review surcharge rates for
the Injured Patients and Families Compensation
Fund and Wisconsin Health Care Liability Insurance Plan.
Bottomline:
This rule will revise the surcharge rates. The peer review surcharge
rates are established in relation to the number of and dollar amount of
claims paid on behalf of a health care provider. The current surcharge
rates were established in 1987 based upon claims data at that time.
To view the entire Scope Statement, click here.
You may also contact the OCI's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.
Attn:
Trucking Businesses, Truck Suppliers, Businesses Relying on Freight
Delivery, and Air, Water and Rail Freight Delivery Businesses
- The Department of Transportation purposes to amend a rule relating to
establishing a means for trucks 75 feet long to travel on local roads
where
state law generally limits the overall length to 65 feet.
Bottomline:
The result of this rulemaking will be to categorize all state trunk
highways into one of three length categories: standard 75- foot routes;
restricted 65-foot routes or long truck routes with no overall length
limit. To view the entire Scope Statement on the
page 15 of the Administrative Register click here.
You may also contact the DOT Small Business Regulatory Coordinator r.sanders@dot.state.wi.us.
News
from State Regulatory
Agencies
Department of Commerce
Administrative Rule Complaint
Form
Do you have a complaint regarding an
existing state administrative rule? If so, file an on-line complaint
with the Small Business Regulatory Review Board. To learn more, click here.
Department of
Workforce Development
The Employer's Guide on
Disability and Employment
According to
research, 70% of the individuals with disabilities are employed by
small business in Wisconsin . WorkSource Wisconsin has been created to
provide employers with resources and information when hiring and
retaining quality individuals with disabilities. Contact Carol Dunn
if you are interested in completing an employer survey designed to
assess your resource needs for hiring and retaining employees with
disabilities.
Department
of Agriculture, Trade and Consumer Protection
Investing in Agriculture
Learn more about Wisconsin 's potential to capture a
significant slice of the bio-economy at the educational and agriculture
venture fair being held on December 14, 2006 in Wisconsin Dells. More
information can be found by clicking here.
Business Opportunity Disclosure Law
Wisconsin is one of twenty-six states that have business
opportunity laws. If you are considering purchasing a work-at-home or
other business opportunity, you should contact the Trade and Consumer
Protection Office to learn about the types of disclosure required under
the law. Call 1-800-422-7128 or click here
to learn more. Office of Privacy
Protection
Businesses are often harmed by
identity theft, costing them not only money but sometimes their
reputation as well. The Office of Privacy Protection hosts a website
that offers resources to help businesses develop ways to keep their
customers information secure while still meeting their needs to collect
and store information. To view the website that includes Privacy
Protection Laws click here.
Department
of Health and Family Services
Healthy Wisconsin
The Learn Healthy Wisconsin Initiative
is a plan to lower health care costs and pass along the savings to
middle class families. Read more
about the creation of this statewide catastrophic reinsurance program
designed to offset the high cost of health care for individuals who
suffer serious illness or injury.
Wisconsin Housing and
Economic Development Authority
Changes to WHEDA's Economic
Development Guarantees and Linked Deposit Subsidy Program
New fees approved for the Small Business, Agribusiness and
Contractors Guarantee Programs can be found at the WHEDA
website.
Other
News for Small Business
Small Business Development Center (SBDC)
Impact of Health Care
Costs on Our Wisconsin Businesses
The SBDC
December Economic Development Breakfast will feature speakers
discussing how businesses can deal with rising health care costs and
what government is doing to address the crisis. This Economic
Development Breakfast is being held on December 6, 2006 in Madison. To
learn more call the SBDC
at 608-263-7680 or to register click here.
Wisconsin
Entrepreneur's Network (WEN)
WEN's Resource Connection
Changes have also been made to the Resource Connection to
make it even easier for entrepreneurs to
access your information. To view the changes created to help
entrepreneurs find the resources they need for starting or expanding
their business click here.
Business Procurement
Assistance Center
Federal Contracting 101:
The Basics
Along with seminars throughout
the state of Wisconsin, the Business Procurement Assistance Center
offers free online training to learn how to sell products and services
to the government. To find out more about government contracting, click
here.
Stay on top of Wisconsin
legislation that can affect your business by receiving updates from the
Wisconsin
Legislative Notification System. It allows anyone the
opportunity to follow legislation by receiving daily or weekly e-mails.
You can choose updates by subject and can select the
activities for which you would like to receive notifications.
The Regulatory Alert is sent
to you by the Dept. of Commerce's Small Business Ombudsman.
If you find this information helpful, pass the word onto other
small businesses so that they may subscribe to this e-mail service.
Please
refer them to www.commerce.wi.gov/BD/BD-FAX-0905.html
to subscribe.
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