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November 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 November 1 and November 15, 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

  Retail Food Establishments - The Department of Agriculture, Trade and Consumer Protection proposes to amend a rule relating to the procedures that DATCP uses to evaluate agents and the amountof  reimbursement paid annually to DATCP.

Bottomline: Because this rule increases the fee that local governments must pay DATCP, local governments may in turn increase retail food license fees to cover the increased costs. The actual increase will depend on the license holders annual sales and food processing activities.

To view the draft rule, and the notice of hearing click here. Comments may be submitted until November 30, 2007 to Wayne.kopp@datcp.state.wi.us. You may also contact the DATCP's Small Business Regulatory Coordinator at Keeley.Moll@datcp.state.wi.us.

  Surveyors and Developers - The Department of Administration proposes creating a rule related to plat review fees.

Bottomline: This rule will describe the uniform procedures and set fees. Developers and surveyors who divide land will be affect by this rule because they will be required to pay for services provided by DOA.

To view the Notice of Hearing click here. Comments will be received through December 11, 2007 and may be submitted electronically to donna.sorensen@wisconsin.gov.

  Soil Testers, Designers, Installer and Maintainers of POWTS - The Department of Commerce proposes a rule relating to private on-site wastewater treatment systems.

Bottomline: Among the rule changes are additional administrative requirements that include the implementation of a POWTS inventory and maintenance reporting program, changes to the grant funding tables, and terminology amendments.

To view the Notice of Hearing click here. Comments will be received through December 7, 2007 and may be submitted electronically to roman.kaminski@wi.gov. You may contact the Commerce Small Business Regulatory Coordinator at carol.dunn@wi.gov.

Community Based Residential Facilities - The Department of Health and Family Services proposes a rule to recreate requirements for CBRF's.

Bottomline: This rule has been submitted to the Small Business Regulatory Review Board (SBRRB). The DHFS has determined that the rule will have a significant economic impact on small businesses. Persons interested in providing comments to the SBRRB should contact the Small Business Ombudsman at carol.dunn@wisconsin.gov or 608-267-0297. The DHFS transmittal to the SBRRB is available by clicking here. The SBRRB will meet on January 8, 2008 at the State Capitol to review the rule and will hear public testimony regarding the economic impact of the rule on small business business. The function of the SBRRB is to assure that the voice of small business is heard during state agency rulemaking.

To view the Notice of Hearing and to submit comments electronically regarding this rule to the DHFS click here. Comments will be received until December 26, 2007. You may also contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.state.wi.us.

  Day Care Centers - The Department of Health and Family Services proposes a rule that will affect child care centers and day camps licensed to care for 4 or more children under age 7 for less than 24 hours per day.

Bottomline: Impacted day care centers will incur increased reporting requirements, additional training requirements, additional credit-based education, costs incurred for compliance with fencing requirements, training in child and adult CPR for all camp counselors, waterfront supervisors and camp directors. This rule will modify the definition of family child care centers to mean a facility where the licensee resides.

To view the entire draft rule, the notice of hearing and to submit comments electronically click here. Comments may be submitted until December 17, 2007 or you may contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.state.wi.us.

  Businesses Offering Travel Insurance - The Office of the Insurance Commissioner is proposing a rule that will create a limited line of insurance authority for persons providing travel insurance.

Bottomline: This rule creates the criteria and requirements for testing, prelicensing education and continuing educations as well as licensing costs.

To view the entire draft rule, the notice of hearing and to submit comments electronically click here. Comments may be submitted until December 12, 2007 or you may contact the OCI's Small Business Regulatory Coordinator at eileen.mallow@wisconsin.gov.

  Pharmacies - The Department of Regulation and Licensing is proposing two separate rule packages related to pharmacies.

Bottomline: This rule conforms a pharmacy practice of permitting the inclusion on the label of both the generic name and the brand name of the drug product equivalent specified in the prescription order. To view the entire draft rule and the notice of hearing click here.

Bottomline: This rule will clarify that a pharmacy technician may permissibly transfer a prescription order to a patient or an agent of the patient if the pharmacist has first provided a patient consultation. To view the entire draft rule and the notice of hearing click here.

Comments on the two separate rule packages may be submitted until December 7, 2007 to pamela.haack@drl.state.wi.us or you may contact the DRLs Small Business Regulatory Coordinator at larry.martin@drl.state.wi.us.

  Appraisers - The Department of Regulation and Licensing proposes a rule that relates to the establishment of the standards for the appraisal practice.

Bottomline: This rule will incorporate the 2008 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).

To view the entire draft rule and the notice of hearing click here.

Comments can be submitted until December 15, 2007 to pamela.haack@drl.state.wi.us or you may contact the DRL's Small Business Regulatory Coordinator at larry.martin@drl.state.wi.us.

  Announcement of Scope Statements
(Announcement that the agency will begin rule development)

  Small Businesses - The Department of Administration proposes a rule relating to the discretion the agency will use in the enforcement of any rules and guidelines against a small business. To view the scope statement click here. The requirement for agencies to have this rule was contained in the2004 Regulatory Reforms of Act 145.

  Dealers, Distributors and Manufacturers of Atrazine - The Department of Agriculture, Trade and Consumer Protection purposes a rule to incorporate any new or expanded prohibition area and to make it easier to identify the Lower Wisconsin River Valley Atrazine prohibiition area. To view the scope statement click here.

  Liquor Wholesalers and Liquor Warehouse Permit Holders - The Department of Revenue proposes a rule that intends to lessen requirements for warehouse facilities on premises described in liquor wholesaler permits. To view the scope statement click here.

  Electrical Designers, Installers and Inspectors of Electrical Wiring - The Department of Commerce proposes a rule to incorporate the 2008 National Electrical Code and consideration of increased electrical inspection requirements. To view the scope statement click here.

  Highway Construction Contractors, Businesses Owning Diesel Vehicles or Heavier Vehicles - The Department of Transportation proposes a rule relating to the vehicle emission inspection programs. To view the scope statement click here.

  News from State Regulatory Agencies

Department of Commerce

  Small Business Regulatory Review Board Meets on January 8, 2008
The Small Business Regulatory Review Board January 8, 2008 meeting will be held at the Capitol at 1:00 - 4:30 pm. Owners of community-based residential facilities (CBRF's) will have an opportunity to provide testimony on the impact of administrative rule (HFS-83). The Department of Health and Family Services has determined that this rule will have a significant impact on small business. The Board is also available at this meeting to hear from small businesses regarding any existing administrative rule that may be creating economic burdens. To learn more about the upcoming meeting, contact the Small Business Ombudsman at carol.dunn@wi.gov or 608-267-0297. To learn more about the Small Business Regulatory Review Board and review the Testimony Guidelines click here.

  Applications for Woman-Owned Business Enterprise (WBE) Certification Now Being Accepted
Woman-owned businesses who are 51% owned, actively managed and controlled can now apply to be certified as a woman-owned business through the Department of Commerce. To learn more about whether your business qualifies, to review frequently asked questions or download an application form, click here.

  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.

Department of Health and Family Services
  Employment Law, Workplace Accomdations and Mental Health in the Workplace Trainings - Employers and Business Owners will not want to miss this December 12 training at the Milwaukee Italian Conference Center from 7:00 am to noon. This training is approved for human resource continuing education credits of 3.5 hours. Click here for the brochure and registration information.

  Other News for Small Business

  Federal Tax Benefit for Businesses Accomodating the Disabled - Persons interested in learning more about the Disabled Access Credit, the architectural barrier removal tax deduction or the work opportunity credit should visit the IRS's website.

  Small Business Administration's Office of Advocacy Wants to Hear From You - The Office of Advocacy of the U.S. Small Business Administration is looking for nominations of federal rules and regulations that need review and reform. You can help update outdated or ineffective rules by nominating those that are creating barriers for your business. Nominate them by visiting the sba's web site at www.sba.gov/advo/r3.

  Dane County Business Opportunity Forum - Persons interested in attending the November 29th  Business Opportunity Forum geared toward minority and women-owned businesses can register online by clicking here. The event is held at the Alliant Energy Center Exhibition Hall in Madison from 3:00 - 6:45pm.

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 commerce.wi.gov/BD/BD-FAX-0905.html to subscribe.