NOTE: See also s. 1.04, Manual, for the arrangement of rule text in Sections.
NOTE: When drafting proposed changes to an existing rule, the current version of a rule should be used. To obtain a copy of the current version, contact Bruce Hoesly or Tami Dodge at LRB.
1.02(3m)(3m) Initial applicability. If there is an existing rule that is modified by a rule, an agency may wish to include an initial applicability clause after the text of the rule and before the effective date clause described in sub. (4). An initial applicability clause may be used to apply the revised rule to events occurring on or after the effective date, and to apply the existing rule to events occurring before the effective date. An initial applicability clause may also be used to provide that a new rule applies to events occurring on or after a specified date.
Section __. Initial applicability. This rule first applies to license renewal applications that are submitted on the effective date of this rule.
1.02(4)(4) Effective dates.
1.02(4)(a)(a) Each rule must have an effective date clause. If an agency intends that a rule take effect on the first day of the month following publication in the Register, the effective date clause should cite s. 227.22 (2) (intro.), Stats. [See also s. 2.115, Manual.]
Section __. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
1.02(4)(b)(b) If a rule will take effect on a specified date, the effective date clause should specify that date.
1.02(4)(c)(c) If the agency desires a particular effective date for a rule, it should confirm the proposed date with LRB to be certain that the desired date is feasible.
1.02(4)(d)(d) An effective date is set forth in a numbered Section at the end of a rule-making order. [See the example under par. (a), above.] LRB will include the effective date in the Register and in the Wisconsin Administrative Code (Administrative Code) in a history note.
1.02(5)(5) Emergency rule. If the rule is an emergency rule, it must include a statement of the facts constituting an emergency. [See s. 2.12, Manual.]
1.02(6)(6) Regulatory flexibility analysis.
1.02(6)(a)(a) If the rule will have any effect on small business, an initial regulatory flexibility analysis must be prepared and, if the rule may have an economic impact on small business, the rule must be submitted to the Small Business Regulatory Review Board (SBRRB). The initial regulatory flexibility analysis must be included in the notice of hearing. [ss. 227.14 (2g) and 227.17 (3) (f), Stats.; and s. 2.04 (6) (d), Manual.]
1.02(6)(b)(b) The SBRRB will determine whether the rule will have a significant economic impact on a substantial number of small businesses. The agency will also need to prepare a final regulatory flexibility analysis for submission to the Legislature along with the proposed rule unless the SBRRB determines that the rule will not have a significant economic impact on a substantial number of small businesses. [s. 227.19 (3) (e) and (3m), Stats.; and s. 3.02 (2) (p), Manual.]
NOTE: The term "small business” is defined in s. 227.114 (1), Stats.
1.02(7)(7) Fiscal estimates.
1.02(7)(a)(a) A fiscal estimate is required for all proposed rules under s. 227.14 (4), Stats. The fiscal estimate must include all of the following:
1.02(7)(a)1.1. Any anticipated fiscal effect of the rule on the fiscal liability and revenues of a county, city, village, town, school district, technical college district, and sewerage district.
1.02(7)(a)2.2. A projection of the rule's anticipated state fiscal effect in the current biennium and a projection of the net annualized fiscal impact on state funds.
1.02(7)(a)2m.2m. For rules that the agency determines may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by the private sector in complying with the rule.
1.02(7)(a)3.3. A list of the major assumptions used in preparing the estimate.
1.02(7)(b)(b) If the rule has no fiscal effect, independent of the fiscal effect of the statute upon which it is based, the agency should base its fiscal estimate on the fiscal effect of the statute.
1.02(7)(c)(c) If, during the rule-making process, the rule is substantially revised so that the fiscal effect is significantly changed, the agency must prepare a revised fiscal estimate prior to promulgating the rule. The revised fiscal estimate is published in the Register.
1.02(7)(d)1.1. The fiscal estimate must accompany any rule that is submitted to the Rules Clearinghouse for review under s. 227.15, Stats.
1.02(7)(d)2.2. The fiscal estimate or a summary of the fiscal estimate and a statement of the availability of the full fiscal estimate must be provided to LRB when a notice of hearing on the rule is filed for publication in the Register. If the agency initiates the rule-making process with a 30-day notice pursuant to s. 227.16 (2) (e), Stats., the full fiscal estimate must be provided to LRB for publication with the notice.
NOTE: The Department of Administration (DOA) has developed a template for preparing a fiscal estimate and the economic impact analysis described in sub. (8). The template is available at:
1.02(8)(8) Economic impact analyses.
1.02(8)(a)(a) An economic impact analysis must be prepared for every proposed rule before the rule is submitted to the Rules Clearinghouse for review. [s. 227.137, Stats.] This requirement does not apply to emergency rules. The analysis must include information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units, and the state's economy as a whole. In preparing the analysis, the agency must solicit information and advice from businesses, associations representing businesses, local governmental units, and individuals that may be affected by the proposed rule and must prepare the analysis in coordination with local governmental units that may be affected by the proposed rule. The analysis must include all of the following:
1.02(8)(a)1.1. An analysis and quantification of the policy problem that the proposed rule is intended to address, including comparisons with the approaches used by the federal government and by Illinois, Iowa, Michigan, and Minnesota to address that policy problem and, if the approach chosen by the agency to address that policy problem is different from those approaches, a statement as to why the agency chose a different approach.
1.02(8)(a)2.2. An analysis and detailed quantification of the economic impact of the proposed rule, including the implementation and compliance costs that are reasonably expected to be incurred by or passed along to the businesses, local governmental units, and individuals that may be affected by the proposed rule.
1.02(8)(a)3.3. An analysis of the actual and quantifiable benefits of the proposed rule, including an assessment of how effective the proposed rule will be in addressing the policy problem that the rule is intended to address.
1.02(8)(a)4.4. An analysis of alternatives to the proposed rule, including the alternative of not promulgating the proposed rule.
1.02(8)(a)5.5. A determination made in consultation with the businesses, local governmental units, and individuals that may be affected by the proposed rule as to whether the proposed rule would adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state.
NOTE: See Executive Order #50 for additional requirements pertaining to economic impact analyses.
1.02(8)(b)(b) If an economic impact analysis relates to a proposed rule of the Department of Safety and Professional Services under s. 101.63 (1), Stats., establishing standards for dwelling construction, the analysis must address whether the rule would increase the cost of constructing or remodeling a dwelling by more than $1,000. [s. 227.137 (3) (f), Stats.]
1.02(8)(c)(c) On the same day that the agency submits the economic impact analysis to the Rules Clearinghouse under s. 227.15 (1), Stats., the agency must also submit the analysis to DOA, to the Governor, and to the Chief Clerks of each house of the Legislature for further distribution within the Legislature. [s. 227.137 (4), Stats.]
1.02(8)(d)(d) If a proposed rule is modified after the economic impact analysis is submitted so that the economic impact of the proposed rule is significantly changed, the agency must prepare a revised economic impact analysis for the proposed rule as modified and submit the revised analysis in the same manner as the original. [s. 227.137 (4), Stats.]
1.02(8)(e)(e) If an economic impact analysis regarding a proposed rule indicates that a total of $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals as a result of the proposed rule, DOA must review the proposed rule and issue a report. The agency may not submit a proposed rule to the Legislature for review under s. 227.19 (2), Stats., until the agency receives a copy of DOA's report and the approval of the DOA Secretary. [s. 227.137 (6), Stats.]
1.02(9)(9) Housing reports. If a rule directly or substantially affects the development, construction, cost, or availability of housing in Wisconsin, DOA is required to prepare a report on the rule before it is submitted to the Rules Clearinghouse. The report must be prepared within 30 days of submission of the rule to DOA. The report must contain information about the effect of the rule on housing, including the specific information required under s. 227.115 (3) (a), Stats. The report is included in the agency's report to the Legislature under s. 227.19 (3), Stats.
1.031.03 Organizing and numbering rule units.
1.03(1)(1) General. Each Administrative Code chapter consists of one or more sections. [See s. 1.02 (3), Manual.] Chapters may be subdivided into subchapters. Sections may be subdivided into the following subunits: subsections, paragraphs, subdivisions, and subdivision paragraphs. When any section, or part of a section, is divided into smaller subunits, at least two subunits must be created. To preserve clarity and uniformity and to simplify drafting, rule sections should be numbered according to the decimal system and subdivided into subsections and smaller subunits whenever feasible.
EXAMPLE: As an example, the parts of s. DHS 163.10 (1) (a) 2. b. and the abbreviations for each subunit are as follows:
  DHS 163.   10   (1)   (a)     2.     b.
    (ch.)       Section  
          (s.)       Subsection
            (sub.)     Paragraph
                (par.)   Subdivision
                (subd.)   Subdivision
1.03(2)(2) Format for rule subunits. The format for rule subunits is as follows:
1.03(2)(a)(a) Subchapters. A chapter may be divided into subchapters for organizational purposes, but it is not necessary to use subchapters. See ch. DHS 163 as an example of a rule chapter that contains several subchapters. When referring to a subchapter, the abbreviation is "subch.” Subchapters are numbered with Roman numerals. Note that subchapter numbers are not cited as part of a citation to a specific section.
1.03(2)(b)(b) Sections. Each section must be properly numbered to include the agency's code letter designation followed by the rule's chapter and section number. For example, "s. DHS 163.10” indicates a section of a rule of the Department of Health Services that appears in ch. DHS 163.
1.03(2)(c)(c) Subsections. A section may be divided into "subsections,” which are designated by numerals enclosed in parentheses: "(1)”.
1.03(2)(d)(d) Paragraphs. A subsection may be divided into "paragraphs,” which are designated by lower-case letters enclosed in parentheses: "(a)”. However, the capital letter "L” is used to distinguish the letter from the numeral one.
1.03(2)(e)(e) Subdivisions. A paragraph may be further divided into "subdivisions,” which are designated by a number followed by a period: "1.”
1.03(2)(f)(f) Further divisions. Further division beyond the subdivision level should be avoided whenever possible. In most situations, material can be rearranged so that it is not necessary to use any further division. However, if it is necessary, "subdivision paragraphs” may be created with lower-case letters followed by a period: "a.” Subdivision paragraphs may not be further divided.
1.03(3)(3) Introductory material. When dividing a unit of a rule into subunits that consist of a series of items, it may be necessary to precede the subunits with introductory material. The introductory material always ends in a colon and leads into the subunits. Each subunit following an introduction should form a complete sentence when read with the introduction. The introduction is designated "(intro.)” and usually contains words like "all of the following” or "any of the following”.
RL 8.01 An applicant shall be granted a license if the applicant satisfies all of the following conditions:
(1) Two years of post-secondary education at any of the following:
(a) A college or university.
(b) A technical college.
(2) One year of apprenticeship.
NOTE: In this example, the material after "RL 8.01” and before the first colon is referred to as "s. RL 8.01 (intro.)”. If a rule amends only that portion of s. RL 8.01, the treatment clause should read "RL 8.01 (intro.) is amended to read:”. If a rule amends only the material after the (intro.), the (intro.) should not be shown.
Subsection (1) in the example is divided into three parts. The material after "(1)” and before the second colon is referred to as "s. RL 8.01 (1) (intro.).” The three parts of sub. (1) are sub. (1) (intro.), par. (a), and par. (b).
1.03(4)(4) Punctuation at end of subunits . When drafting rule text, all subunits of a rule should end with a period, rather than a comma or semicolon or the word "and” or "or” (except for introductory material which, as noted in sub. (3), ends in a colon). This facilitates future insertion or deletion of subunits without having to move the word "and” or "or” in the next-to-the-last subunit.
1.03(5)(5) Inserting new provisions; renumbering.
1.03(5)(a)(a) When inserting new rule sections (or smaller subunits) into existing rule provisions, it is generally best to avoid renumbering the existing rule sections or subunits, except as described in par. (c), below. Renumbering impairs the ability to trace a provision's history and may result in ambiguity or error. It is also best to avoid renumbering any unit to eliminate a gap in numbering or to otherwise reuse a previously existing number that is eliminated by repeal. The reuse of numbers can cause confusion as to whether the current or previous provision is being referred to and may lead to erroneous cross-references.
1.03(5)(b)(b) The use of the decimal system allows for the convenient insertion of new rule sections or subunits in their proper numerical location without the necessity of renumbering existing rule sections or subunits. For example, if it becomes necessary to insert a new rule section between s. ATCP 10.03 and s. ATCP 10.04, the new section should be numbered s. ATCP 10.035. Furthermore, new subsections or paragraphs may be created and inserted between two existing subsections or paragraphs by merely adding a lower-case letter after the numeral or letter previously used. For example, "(2m)” should be used for a single subsection inserted between subs. (2) and (3), and "(am)” should be used for a single paragraph inserted between pars. (a) and (b).
NOTE: To leave the most space for future insertions under alphabetic numbering use the following letters:
One insertion:     m
Two insertions:   g r
Three insertions:   e m s
Four insertions:   d h p t
Five insertions:   c g n r w
Six insertions:     c g l p t x
Seven insertions:   b f k p s w y
Eight insertions:   b e h l p r u y
For example, if two new subsections are inserted between subs. (3) and (4), they should be numbered subs. (3g) and (3r).
1.03(5)(c)(c) Renumbering is appropriate to do any of the following:
1.03(5)(c)1.1. Provide space for a large quantity of new material.
1.03(5)(c)2.2. Locate old material near new material on the same subject.
1.03(5)(c)3.3. Relocate inappropriately placed material that may be easily overlooked or whose applicability may be in question in its current location.
1.03(5)(c)4.4. Insert an initial item into a series to maintain a time sequence or alphabetical order.
1.03(5)(c)5.5. Maintain outline format when all but one subunit of a unit is being renumbered or repealed.
1.03(5)(d)(d) If renumbering is done, cross-references to the renumbered provision must be amended accordingly. [See s. 1.07 (1) (c), Manual.]
NOTE: See "Numbering of Sections” from the LRB Bill Drafting Manual, which contains an extensive discussion of numbering and renumbering provisions and may be accessed from the electronic version of this Manual at:
1.041.04 Arrangement of rule text.
1.04(1)(1) General. The text of a rule-making order is divided into sequentially numbered Sections (denoted as Section 1, Section 2, and so forth) and each decimal-numbered rule provision treated in the rule-making order generally is placed in a separate Section of the order. The Sections are arranged according to the numerical order of the decimal-numbered rule provision being treated, as it appears in the Administrative Code at the time of drafting or, in the case of a newly created provision, in the order in which it will appear in the Code.
1.04(1)(b)1.1. Each Section begins with a treatment clause that cites the rule provision being treated and the type of treatment being made to the affected provision. For example, "Adm 1.01 is created to read:” is a treatment clause. As described in ss. 1.055 to 1.068, Manual, rule provisions may be created; amended; repealed; repealed and recreated; renumbered; renumbered and amended; or consolidated, renumbered, and amended.
1.04(1)(b)2.2. Except in the case of a repeal or a renumbering, the treatment clause is followed by the text of the treated rule provision, set forth in a separate paragraph. The text of the rule provision should only include provisions that are treated in the Section and should not include untreated provisions. For example, if s. DHS 163.10 (1) (a) 1. is amended, only the text of subd. 1. should appear in the Section. The text of sub. (1) (intro.) and par. (a) (intro.) should not appear in the Section. [See also s. 1.05 (3) (c), Manual.]