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.

• Announcement of Hearings
• Businesses Subject to Federal EPA New Source Performance Standards
• Employers Offering Preferred Provider Plans and Defined Network Plan, Insurers
• Lake Michigan Commercial Fishers
• Occupational Therapists
• Optometrists
• Physicians, Medical Scientists, And Graduates of M.D. Training Programs
• Women Owned Businesses (WBE); Businesses Requiring WBE Certification When Purchasing Services and Goods from Women-Owned Businesses
• Announcement of Scope Statements
• Businesses that Harvest Wood from State Lands
• 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
• News from State Regulatory Agencies
• 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

  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.