ADMINISTRATIVE PROCEDURE AND REVIEW
Compliance with other statutes.
Application of this chapter.
Statements of policy and interpretations of law; discrimination prohibited.
Extent to which chapter confers rule-making authority.
Rule making; considerations for small business.
Review of rules affecting housing.
Rules to include time period.
Petition for rules.
Advisory committees and informal consultations.
Statements of scope of proposed rules.
Preparation of proposed rules.
Legislative council staff.
When hearings required.
Notice of hearing.
Conduct of hearings.
Legislative review prior to promulgation.
Publication of rules; incorporation by reference.
Effective date of rules.
Emergency rules; exemptions.
Legislative review after promulgation; joint committee for review of administrative rules.
Construction of administrative rules.
ADMINISTRATIVE ACTIONS AND JUDICIAL REVIEW
Declaratory judgment proceedings.
Division of hearings and appeals.
Contested cases; notice; parties; hearing; records.
Evidence and official notice.
Hearing examiners; examination of evidence by agency.
Service of decision.
Costs to certain prevailing parties.
Petitions for rehearing in contested cases.
Ex parte communications in contested cases.
Judicial review; decisions reviewable.
Parties and proceedings for review.
Stay of proceedings.
Additional evidence; trial; motion to dismiss; amending petition.
Certification of certain cases from the circuit court of Dane county to other circuits.
Jurisdiction of state courts to determine validity of laws when attacked in federal court and to stay enforcement.
In this chapter:
"Agency" means a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.
"Code", when used without further modification, means the Wisconsin administrative code under s. 35.93
"Contested case" means an agency proceeding in which the assertion by one party of any substantial interest is denied or controverted by another party and in which, after a hearing required by law, a substantial interest of a party is determined or adversely affected by a decision or order. There are 3 classes of contested cases as follows:
A "class 1 proceeding" is a proceeding in which an agency acts under standards conferring substantial discretionary authority upon it. "Class 1 proceedings" include rate making, price setting, the granting of a certificate of convenience and necessity, the making, review or equalization of tax assessments and the granting or denial of a license.
A "class 2 proceeding" is a proceeding in which an agency determines whether to impose a sanction or penalty against a party. "Class 2 proceedings" include the suspension or revocation of or refusal to renew a license because of an alleged violation of law. Any proceeding which could be construed to be both a class 1 and a class 2 proceeding shall be treated as a class 2 proceeding.
A "class 3 proceeding" is any contested case not included in class 1 or class 2.
"License" includes all or any part of an agency permit, certificate, approval, registration, charter or similar form of permission required by law, except a motor vehicle operator's license issued under ch. 343
, a vehicle registration certificate issued under ch. 341
, a license required primarily for revenue purposes, a hunting or fishing approval or a similar license where issuance is merely a ministerial act.
"Licensing" means an agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
"Official of the agency" means a secretary, commissioner or member of a board of an agency.
"Party" means a person or agency named or admitted as a party in a contested case.
"Person aggrieved" means a person or agency whose substantial interests are adversely affected by a determination of an agency.
"Proposed rule" means all or any part of an agency's proposal to promulgate a rule.
"Register" means the Wisconsin administrative register under s. 35.93
"Revisor" means the revisor of statutes.
"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.