"Rule" means a regulation, standard, statement of policy or general order of general application which has the effect of law and which is issued by an agency to implement, interpret or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" does not include, and s. 227.10
does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:
Concerns the internal management of an agency and does not affect private rights or interests.
Is an order directed to a specifically named person or to a group of specifically named persons that does not constitute a general class, and which is served on the person or persons to whom it is directed by the appropriate means applicable to the order. The fact that a named person serves a group of unnamed persons that will also be affected does not make an order a rule.
Relates to the use of highways and is made known to the public by means of signs or signals.
Relates to the curriculum of, admission to or graduation from a public educational institution, as determined by each institution.
Relates to the use of facilities of a public library.
Relates to the form and content of reports, records or accounts of a state, county or municipal officer, institution or agency.
Relates to expenditures by a state agency, the purchase of materials, equipment or supplies by or for a state agency, or printing or duplicating of materials for a state agency.
Establishes personnel standards, job classifications or salary ranges for state, county or municipal employes in the classified civil service.
Fixes or approves rates, prices or charges, unless a statute specifically requires them to be fixed or approved by rule.
Determines the valuation of securities held by an insurer.
Is a statistical plan relating to the administration of rate regulation laws under ch. 625
Is a form the content or substantive requirements of which are prescribed by a rule or a statute.
Is a pamphlet or other explanatory material that is not intended or designed as interpretation of legislation enforced or administered by an agency, but which is merely informational in nature.
Prescribes or relates to a uniform system of accounts for any person, including a municipality, that is regulated by the office of the commissioner of railroads or the public service commission.
Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. 66.293
, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. 66.293
is subject to judicial review under s. 227.40
Relates to computing or publishing the number of nursing home beds to be added in each health planning area under s. 150.33 (1)
Prescribes measures to minimize the adverse environmental impact of bridge and highway construction and maintenance.
Is a manual prepared under s. 227.15 (7)
to provide agencies with information on drafting, promulgation and legislative review of rules.
Establishes a list of substances in groundwater and their categories under s. 160.05
Establishes the list of properties on the state register of historic places under s. 44.36
or the list of locally designated historic places under s. 44.45
Establishes criteria and standards for certifying instructors for the trapper education program.
Par. (zt) is shown as renumbered from par. (zs), as created by 1995 Wis. Act 363
, by the revisor under s. 13.93 (1) (b).
History: 1985 a. 182
; 1987 a. 27
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
; s. 13.93 (1) (b).
Proceeding for incorporation of village is not a "contested case" under sub. (3). Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
Flood plain zoning ordinance adopted by DNR under s. 87.30 (1) was "rule" under s. 227.01. Citizens for Sensible Zoning, Inc. v. DNR, 90 W (2d) 804, 280 NW (2d) 702 (1979).
Discussion of what constitutes a rule. Terms "rule" and "order" are mutually exclusive. Wis. Elec. Power Co. v. DNR, 93 W (2d) 222, 287 NW (2d) 113 (1980).
Principles of statutory construction apply to construction of rules. Law Enforce. Stds. Bd. v. Lyndon Station, 101 W (2d) 472, 305 NW (2d) 89 (1981).
School boards are not "boards" under sub. (1). Racine Unified School Dist. v. Thompson, 107 W (2d) 657, 321 NW (2d) 334 (Ct. App. 1982).
Where a fundamental and well-defined public policy is evidenced by a rule, a discharge from employment for refusal to violate that rule is actionable. Winkelman v. Beloit Memorial Hospital, 168 W (2d) 12, 483 NW (2d) 211 (1992).
Definition of "rule" under sub. (13) applied. Plumbing Apprenticeship Committee v. DILHR, 172 W (2d) 299, 493 NW (2d) 744 (Ct. App. 1992).
See note to s. 445.03, citing 63 Atty. Gen. 154.
State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91, (1969) withdrawn. 65 Atty. Gen. 276.
See note to s. 227.44, citing 67 Atty. Gen. 188.
Agencies are subject to rule-making procedures in making discretionary choices even if those choices are based on opinions of attorney general. Rule-making procedure does not apply where opinion describes what law mandates. 68 Atty. Gen. 363.
Compliance with other statutes.
Compliance with this chapter does not eliminate the necessity of complying with a procedure required by another statute.
History: 1985 a. 182
Chapter 227 contemplates the limited use of civil procedure statutes which do not conflict with ch. 227. Wagner v. State Medical Examining Board, 181 W (2d) 633, 511 NW (2d) 874 (1994).
Application of this chapter. Effective date note
Sub. (1) is repealed and recreated eff. 5-15-98 by 1995 Wis. Act 351
Effective date text
(1) This chapter applies to cases arising under s. 76.38, 1993 stats., and ss. 76.39, 76.48 and 76.91.
Any provision of s. 227.42
that is inconsistent with a requirement of title 45 of the code of federal regulations does not apply to hearings held under ch. 49
This chapter does not apply to proceedings before the department of industry, labor and job development relating to housing discrimination under s. 106.04 (1)
, except as provided in s. 106.04 (6)
Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under s. 106.04 (9)
The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5)
or 938.357 (5)
, the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11
or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.
Orders of the elections board under s. 5.06 (6)
are not subject to this chapter.
Except as provided in s. 230.44 (4) (bm)
, this chapter does not apply to proceedings before the personnel commission in matters that are arbitrated in accordance with s. 230.44 (4) (bm)
This chapter does not apply to determinations made by the secretary of administration or the secretary of revenue under s. 229.50 (1)
Statements of policy and interpretations of law; discrimination prohibited. 227.10(1)
Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. A statement of policy or an interpretation of a statute made in the decision of a contested case, in a private letter ruling under s. 73.035
or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts does not render it a rule or constitute specific adoption of a rule and is not required to be promulgated as a rule.
No agency may promulgate a rule which conflicts with state law.
No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, race, creed, color, sexual orientation, national origin or ancestry.
A rule may discriminate for or against a person by reason of physical condition or developmental disability as defined in s. 51.01 (5)
only if it is strictly necessary to a function of the agency and is supported by data demonstrating that necessity.
Each person affected by a rule is entitled to the same benefits and is subject to the same obligations as any other person under the same or similar circumstances.