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 the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.
Effective date note
Sub. (1) is amended eff. 9-1-03 by 1999 Wis. Act 9
Effective date text
(1) "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 employees 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.
NOTE: Par. (t) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
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
; 1999 a. 9
; 1999 a. 150
; 1999 a. 167
; s. 13.93 (2) (c).
Proceeding for incorporation of village is not a "contested case" under sub. (3). Westring v. James, 71 Wis. 2d 462
, 238 N.W.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 Wis. 2d 804
, 280 N.W.2d 702
Discussion of what constitutes a rule. Terms "rule" and "order" are mutually exclusive. Wis. Elec. Power Co. v. DNR, 93 Wis. 2d 222
, 287 N.W.2d 113
Principles of statutory construction apply to construction of rules. Law Enforce. Stds. Bd. v. Lyndon Station, 101 Wis. 2d 472
, 305 N.W.2d 89