STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE )
The Department of Safety and Professional Services is petitioning the Joint Committee for Review of Administrative Rules to repeal rules the department has determined to
be an unauthorized rule using the process under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the Department of Safety and Professional Services to repeal ch. SPS 304, relating to grants for construction career academies. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to s. 101.31, 2013 Stats., the Department of Safety and Professional Services was required to award grants and promulgate rules relating to the construction career academy grant program. Section 101.31, 2013 Stats., was repealed, as affected by 2015 Wisconsin Act 55, effective July 14, 2015. Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Related statute or rule:
Not applicable
Plain language analysis:
The proposed rule repeals chapter SPS 304, relating to the construction career academy grant program.
Section 101.31, 2013 Stats., required the Department to award grants and promulgate rules relating to the construction career academy grant program. This program was initially created by 2007 Wisconsin Act 20. 2015 Wisconsin Act 55 repealed s. 101.31, 2013 Stats., which eliminated the construction career academy grant program effective July 14, 2015. The repeal of s. 101.31, Stats., also eliminates the Department’s administrative requirements and authority relating to the construction career academy grant program. The Department has determined that chapter SPS 304 is an unauthorized rule and is repealing this chapter pursuant to s. 227.26 (4), Stats. Agency contact person:
Mindy Allen, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53705; telephone 608-266-2112; email at DSPSAdminRules@wisconsin.gov.
