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.
History: 1985 a. 182
; 1987 a. 27
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
; 1997 a. 27
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. 227.03(3)
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 workforce 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, extended supervision 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.
(4m) Subchapter III
does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s. 49.857
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.
Nothing in this subsection prohibits the administrator of the division of merit recruitment and selection in the department of employment relations from promulgating rules relating to expanded certification under s. 230.25 (1n)
History: 1985 a. 182
; 1987 a. 399
Agency's revised interpretation of statute constituted administrative rule-making under s. 227.01 (4), 1973 stats. [now s. 227.10] and declaratory relief under s. 227.40 was accordingly proper. Discussion of what constitutes a rule. Schoolway Trans. Co. v. Div. of Motor Vehicles, 72 W (2d) 223, 240 NW (2d) 403.
Memorandum announcing general policies and specific criteria governing all decisions on good time for mandatory release parole violations was "rule" and should have been promulgated properly. State ex rel. Clifton v. Young, 133 W (2d) 193, 394 NW (2d) 769 (Ct. App. 1986).
Extent to which chapter confers rule-making authority. 227.11(1)(1)
Except as expressly provided, this chapter does not confer rule-making authority upon or augment the rule-making authority of any agency.
Rule-making authority is expressly conferred as follows:
Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation.
Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute's effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.
An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s. 227.20
or unless the member of the public requests that information.
History: 1985 a. 182
; 1991 a. 209
Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74 Atty. Gen. 200
Rule making; considerations for small business. 227.114(1)(a)(a)
In this section, "small business" means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than 25 full-time employes or which has gross annual sales of less than $2,500,000. For purposes of a specific rule, an agency may define small business to include more employes or greater gross annual sales if necessary to adapt the rule to the needs and problems of small businesses. A "small business" may also be defined in accordance with other standards established by an agency by rule.