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February 2007 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 February 1, 2007 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 businesses:

  Announcement of Hearings

Attn: Sellers of Goods and Services - The Department of Agriculture, Trade and Consumer Protection proposes a rule to impose new regulations related to price gouging during a Governor declared emergency.

Bottomline: This rule could have a substantial impact on a wide array of businesses. Whenever it applies in an emergency, this rule will limit the prices that may be charged by affected businesses. This rule ultimately set limits on the prices that manufacturers, wholesale distributors and retailers may charge.

To review the entire rule revisions, Notice of Hearing and to submit comments by March 16, 2007 click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Dairy Farms, Dairy Plants, Bulk Milk Weighers and Samplers, Bulk Milk Tankers, Milk Testing Laboratories, Laboratory Analysts, Buttermakers and Cheesemakers- The Department of Agriculture, Trade and Consumer Protection proposes a rule to make a large number of technical changes to existing regulations relating to safe production, processing, distribution and sale of milk and dairy products.

Bottomline: This rule mandates certain pasteurization and cooling requirements that may require some dairy plants to install new or remodeled equipment. Some rule changes may have a significant impact on some affected businesses. The actual impact will depend on variable factors related to processing operations, current equipment and plant size.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Businesses Requiring Compliance with Dept. of Commerce Administrative Codes - The Department of Commerce proposes to create a rule that will describe how the department will address their agency's enforcement discretion.

Bottomline: This rule will disclose the discretion that may be used by the agency in the enforcement of rules and guidelines against a small business.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until February 20, 2007 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.

Attn: Inspection Services for Rental Units - The Department of Commerce proposes to create a rule that will clarify the department's administrative requirements for providing energy efficiency standards prior to the transfer of ownership of rental property.

Bottomline: This rule contains no additional reporting or bookkeeping requirements.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until March 29, 2007 and can be submitted electronically to jhertel@commerce.state.wi.us. You may also contact the Commerce's Small Business Regulatory Coordinator cdunn@commerce.state.wi.us.

Attn: Construction Businesses Who Contract for Public Works Projects - The Department of Workforce Development purposes to adjust the thresholds for application of the prevailing wage rate based on a 3.452% increase in the construction cost index since the last adjustment.

Bottomline: The new thresholds will be $44,000 for a single-trade projects and $216,000 for multi-trade projects.

To view the rule revisions for the affected business and the Notice of Hearing, click here. Comments will be accepted through February 19, 2007 and will be accepted through the website. You may also contact the DWD's Small Business Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us.

Attn: Home Builders, Contractors, Remodeling Businesses and Roofing Contractors - The Department of Commerce proposes to create a rule that will establish the educational obligations for contractors who need to obtain building permits involving work on one and two-family dwellings.

Bottomline: In addition to establishing educational requirements and fee for the new dwelling contractor qualifier certification, the rule will provide grandfathering provisions for obtaining the contractor qualification certifications.

To view the rule and the Notice of the Hearing for the rule click here. Comments will be received until March 9, 2007 and can be submitted electronically to jim.quast@wisconsin.gov. You may also contact the Commerce's Small Business Regulatory Coordinator cdunn@commerce.state.wi.us

Attn: Insurance Agents - The Office of the Insurance Commissioners proposes to revise a rule relating to Peer Review Surcharge Rates.

Bottomline: The effect to small business would be if a surcharged was imposed upon a health care providers who was employed by a small business which paid medical malpractice insurance premiums on the providers' behalf.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until February 27, 2007 and can be submitted electronically through the website. You may also contact the OCI's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.

Attn: Small Businesses - The Office of the Insurance Commissioner proposes to revise a rule relating to fees which participating health care providers must pay to the Fiscal year 2008 Fund fees.

Bottomline: These fees represent a 5% increase compared with fees paid for the 2006-07 fiscal year. The increase contained in the proposed rule will require health providers to pay an increased assessment which will increase the operational expenses for the providers.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until February 27, 2007 and can be submitted electronically through the website. You may also contact the OCI's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.

Attn: Substance Abuse Professionals - The Department of Regulation and Licensing proposes a recodification of existing rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval and professional liability insurance for substance abuse professionals.

Bottomline: This rule will affect existing 2,495 active certificate holders. Persons affected by this rule should review the grandparenting provisions within the rule and review proposed graced periods for compliance. The proposed rule requires a minimum of an associate's degree in a behavior science to qualify for the clinical level counselor.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until February 16, 2007 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.

  Announcement of Scope Statements

(Announcement that the agency will begin rule development)

Attn: Animal Markets, Animal Dealers, Animal Truckers and Animal Transport Vehicle Owners - The Department of Agriculture, Trade and Consumer Protection proposes a rule to modify animal health rules.

Bottomline: Among the many changes will be revisions related to chronic wasting disease of farm-raised deer, livestock identification and records, livestock premise registration and adjust animal health fees. Before DATCP can hold public hearings the DATCP Board must approve the hearing draft.

To review the entire Scope Statement, click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Insurance Agents - The Office of the Insurance Commissioners proposes to revise a rule relating to supervision systems addressing compliance with the law in the sales of annuities.

Bottomline: The Office expects that the proposed rule will be drafted so as to coordinate with regulations of the National Association of Security Dealers (NASD) that address supervision systems for the sales of securities. Some insurance products, particularl variable annuities, are subject to these rules.

To view the Scope statement on this rule click here. You may also contact the OIC's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.


Attn: Emergency Medical Technicians and Ambulance Service Providers - The Department of Health and Family Services purposes to revise a rule relating to emergency medical services.

Bottomline: This rule, in addition to establishing conditions under which administrative fees and penalties may be assessed, will create a critical care paramedic level licensure.

To view the Scope Statement click here. You may also contact the Department of Health and Family Services Small Business Regulatory Coordinator greerrj@dhfs.state.wi.us.

  News from State Regulatory Agencies

Department of Commerce

Presentations by the Small Business Ombudsman
Is your association or business organization looking for a speaker to provide information about the Wisconsin regulatory reforms that were created to help small business? Contact Carol Dunn for more information.

  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 Agriculture, Trade and Consumer Protections

  Upcoming Conference - Exploring the Profit Potential of Cow Manure
The focus of this conference is on real-world experiences on Wisconsin farms where producers have converted manure into products and energy. Registration is open for this one-day conference set for Tuesday, March 6, at Alliant Energy Center in Madison. To register and learn more click here.

  Other News for Small Business

Attn: Women-Owned Businesses - Make Mine a Million Program Is Coming to Wisconsin
Learn how to grow your business to a million at Wisconsin's May 21, 2007 Make Mine A $Million Business Conference. Apply to be one of eight award winners of incentive packages that will make your million dollar business dreams a reality. Visit www.makemineamillion.org for more information.

EntrepreneurshipWeek USA
Organizations are encouraged to promote entrepreneurial activities in Wisconsin as part of the nationwide promotional effort called EntrepreneurshipWeek USA, February 24 - March 3, 2007. To promote your activities and learn more about the organizations that are hosting events during the week visit www.entrepreneurshipweekusa.com and select "WI" activities.

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.