Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection
This emergency rule was approved by the governor on March 27, 2012.
The scope statement for this rule, SS 002-12
, was approved by the Governor on January 9, 2012, published in Register No. 673
, on January 31, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection on February 22, 2012.
Finding of Emergency
Enactment of a rule is necessary to establish criteria the department will use to make determinations for grants, loans or other forms of financial assistance to dairy producers to promote and develop the dairy industry. An emergency rule is needed to ensure that funds are used to assist dairy producers during the first year of the annual appropriation as permanent rules cannot be adopted in time to provide the basis for grant determinations for the first year appropriations.
March 30, 2012
March 30, 2012 through
August 26, 2012
Children and Families
Safety and Permanence, Chs. DCF 37-59
Exemption from Finding of Emergency
(b) of 2009 Wisconsin Act 335
provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g)
, Stats., as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c)
, Stats., an emergency rule promulgated under s. 48.625 (1g)
, Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g)
, Stats., take effect.
September 2, 2010
September 2, 2010 through
the date permanent rules
October 21, 2010
Employment Relations Commission (2)
These emergency rules were approved by the governor on September 13, 2011.
The statement of scope for this rule, SS 004-11
, was approved by the governor on July 20, 2011, published in Register 667
, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s. 227.135 (2)
on August 15, 2011.
Finding of Emergency
September 15, 2011
September 15, 2011 thru
February 12, 2012
June 11, 2012
February 2, 2012
This emergency rule was approved by the governor on March 30, 2012.
The statement of scope for this rule, SS 005-11
, was approved by the governor on August 31, 2011
, published in Register No. 669
, on September 14, 2011
, and approved by the Employment Relations Commission on September 19, 2011
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules in effect so that the State of Wisconsin and municipal employers can proceed to bargain over base wages with labor organizations that represent State and municipal employees.
April 19, 2012
April 19, 2012 through
September 15, 2012
The statement of scope for this rule, SS 027-11
Ch. Ins 18
, was approved by the governor on September 30, 2011, published in Register No. 670
, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Portions of Wisconsin's insurance law and regulations governing grievances and independent review processes are in conflict with federal law and regulation following the amendment of 42 USC 300gg 19
(a) and (b), as implemented by 45 CFR 147.136
, as amended. Therefore, the Commissioner, pursuant to s. 631.01 (5)
, Stats., has determined that it is in the interest of the State of Wisconsin, Wisconsin insureds and the public to exempt insurers, certified independent review organizations and self-insured governmental health plans that elect to comply with ch. Ins 18
, Wis. Adm. Code, as revised, from being required to comply with provisions contained in s. 632.83
, Stats., that are inconsistent with 42 USC 300gg-19
(a) and (b), and 45
CFR 147.136 et seq., as amended.
Facts constituting the emergency arise from the desire for the State of Wisconsin to retain jurisdiction and regulatory control over the grievance and the independent review processes and independent review organizations operating in the state. The Secretary of the US Department of Health and Human Services issued interim final regulations and guidance, most recently released late June 2011. The regulations require states that desire to retain regulatory oversight of the grievance and independent external review processes, to demonstrate compliance with the federal internal appeal and external review laws and regulations to the Center for Consumer Information and Insurance Oversight ("CCIIO"). The Commissioner received notice on July 29, 2011, from CCIIO that Wisconsin's current regulatory oversight is not compliant.
The Commissioner has requested reconsideration of that initial determination, however, to ensure retention of regulatory oversight of the grievance and independent external review processes revisions to ch. Ins 18
, Wis. Adm. Code, must be made and be applicable for claims arising on or after January 1, 2012. Assembly Bill 210 has been introduced, a bill that repeals inconsistent provisions in accordance with federal requirements, but it is unlikely that AB 210 will be enrolled within the reconsideration timeframe. Therefore the Commissioner is proposing this emergency rule to comply with the federal requirements in order to retain regulatory jurisdiction of grievance and independent review processes.
November 16, 2011
November 16, 2011 through April 13, 2012
Repealed by EmR1119: December 29, 2011
The emergency rule was approved by the governor on December 27, 2011.
The statement of scope SS 045-11
was approved by the governor on December 1, 2011, and published December 14, 2011 in Register No. 672
. The Statement of Scope was signed by Commissioner Nickel on December 24, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Emergency Rule 1117 (EmR1117
), was effective November 16, 2011 and is to be first applicable on January 1, 2012. EmR1117
contained provisions modifying Wisconsin's insurance regulations governing grievances and independent review processes to comply with federal law provisions of 42 USC 300gg 19
(a) and (b), as implemented by 45 CR 147.136, as amended. It has been determined that this may not be in the best interest of the state.