1.05(3)(a) (a) If a title is being amended or created for a rule provision that is not otherwise revised, the citation to the rule provision and the notation "(title)" should be included in the enumeration of provisions treated (see s. 1.02 (1) (a), Manual) as follows: "…to amend ATCP 1.01 (title)…" or "…to create ATCP 1.02 (title)…," as appropriate. In addition, in a rule Section, the citation to the rule provision and the notation "(title)" should be included in the treatment clause and rule text as follows:

Section __. ATCP 1.01 (title) is amended to read:

ATCP 1.01 (title) Grass for cows pigs.

Section __. ATCP 1.02 (title) is created to read:

ATCP 1.02 (title) Grass for horses.

1.05(3)(b) (b) Titles to units of a rule are amended by use of strike-throughs and underscores. Titles to units of a rule are created without strike-throughs and underscores.

1.05(3)(c) (c) If a rule provision containing a title is amended, the title is shown even if it is not amended. If a rule provision not containing a title is amended, the title of any larger unit of which the provision is a part is not shown; however, the title of the larger unit is shown if the amended provision is introductory material that is immediately preceded by the title.

1.055 1.055 Creating new provisions.

1.055(1) (1) When creating a rule provision, place the new material in the most appropriate location using the numbering system discussed in s. 1.03, Manual. Rearrange and renumber existing material only when necessary to structure the resulting rule in a logical manner and avoid misinterpretation of the rule.

1.055(2) (2) The text of a newly created rule provision is shown as it will appear after promulgation, without strike-throughs and underscores.

1.057 1.057 Repealing provisions. A repeal is used to eliminate an entire rule section or subunit, chapter, or subchapter. When repealing an existing rule provision, the repealed provision is cited in the treatment clause and no rule text is shown.

EXAMPLE: "Section __. ATCP 10.01 is repealed."

1.06 1.06 Amending provisions.

1.06(1) (1) Striking and underscoring.

1.06(1)(a) (a) When amending a current rule provision, language to be removed is stricken-through (stricken-through) and new material to be inserted is underscored (underscored). When material is deleted and other material is inserted in the same location, the new underscored material always immediately follows the stricken material. Even if the stricken material consists of more than one sentence, the new underscored material that replaces the stricken material is inserted at the end of all stricken material.

1.06(1)(b) (b) Underscoring is not used when creating an entire rule unit; strike-throughs are not used when repealing an entire rule unit.

1.06(2) (2) Amending a word. When a single word is amended, the existing word is stricken in its entirety and the new word is underscored immediately after the strike-through.

EXAMPLES OF INCORRECT AND CORRECT STYLES:

Incorrect:	Correct:
section.	Section s.
sections.	sections ss.
subchapter.	subchapter subch.
miles	mile miles

1.06(3) (3) Changing the beginning of a sentence. When language at the beginning of a sentence is stricken and the sentence begins with a word in the sentence, strike-through all words at the beginning of the sentence including the first word of the recreated sentence. Immediately after the strike-through, recreate the same word beginning with a capital letter and underscore the word.

EXAMPLE OF INCORRECT STYLE:

ER 29.03 (2) (b) In any reinstatement when an employee who has obtained permanent status in class is required to serve . . . .

EXAMPLE OF CORRECT STYLE:

ER 29.03 (2) (b) In any reinstatement when When an employee who has obtained permanent status in class is required to serve . . . .

1.06(4) (4) Periods. Periods are usually preserved in material being amended. Periods are not stricken or underscored unless a new sentence is created, an old sentence is eliminated, or two or more existing sentences are combined.

1.065 1.065 Repealing and recreating provisions. If major changes are being made to an existing rule provision, the existing provision may be repealed and recreated rather than amended. This eliminates the previously existing language and replaces it with new language shown in the rule-making order. Use "repeal and recreate" only when intending to repeal an existing provision and create a new provision in its place. The text of a repealed and recreated rule should be shown as it will appear after promulgation, without strike-throughs and underscores. Note that a drawback of repealing and recreating rule provisions is that only the newly created text is shown, and not the changes to existing text.

1.067 1.067 Renumbering provisions. Rule sections or subunits may be renumbered to reorganize existing material. Whole sections may be renumbered for more logical placement within a rule chapter or can be moved to a different chapter. Subunits of sections may be moved within their current section or to a different section. Renumbered sections may be amended in the same Section of a rule-making order in which they are renumbered. If a provision is renumbered without amendment, the renumbering is described in the treatment clause and no text is shown. If a provision is renumbered and amended, the renumbering and amendment are listed in the treatment clause and the amended text is shown under the new number.

EXAMPLE: Section __. ATCP 1.01 (1) is renumbered ATCP 1.37 (3) (no text shown).

EXAMPLE: Section. __. ATCP 1.01 (1) is renumbered ATCP 1.37 (3) and amended to read:

ATCP 1.37 (3) (insert amended text using strike-throughs and underscores).

1.07 1.07 References to other provisions; citations.

1.07(1) (1) General.

1.07(1)(a) (a) Do not use general terms, such as "et. seq.," "this provision," "this rule," "of the code," or "of this chapter" when making references to another rule or part of a rule. Make the references specific.

1.07(1)(b) (b) It is not necessary to reproduce chapter, section, or subsection titles in a reference in the text of a rule; just use the numerical reference.

1.07(1)(c) (c) When existing rules are renumbered, repealed, or repealed and recreated, carefully review other rules that contain references to the revised rules and make any needed cross-reference changes by referring to the Administrative Code Cross-Reference Manual that may be accessed at: http://legis.wisconsin.gov/rsb/code.htm. Search for the whole section number of the cite being affected, including the acronym (ex., ATCP 10.01). Revise all references located in your agency's code as necessary, including in chapters not otherwise affected by the rule. Inform LRB of any cross-references in codes promulgated by other agencies.

1.07(2) (2) Internal and external references. Differing format is used for internal and external references. An internal reference is a reference to another portion of the Administrative Code that is within the same unit as the portion where the reference occurs, thus making a fully concise citation unnecessary. For example, "ATCP 1.01 (1) (b)" is an internal reference when referred to in other portions of ATCP 1.01. An external reference is a reference to portions of the code outside of the portion containing the reference, thus necessitating a full, precise citation in order to achieve accuracy. Examples of the recommended format for internal and external citations are as follows:

Citation	Internal	External
Statutes	–––––	s. 15.01, Stats.
Rules chapters	this chapter	ch. ATCP 14
Rules subchapters	this subchapter	subch. IV [same chapter], subch. IV of ch. ATCP 14 [different chapter]
Rules sections	this section	s. ATCP 14.24
Rules subsections	this subsection	s. ATCP 14.24 (2) [different section], sub. (2) [same section]
Rules paragraphs	this paragraph	s. ATCP 14.24 (2) (a) [different section], sub. (2) (a) [different subsection], and par. (a) [same subsection]
Rules subdivisions	this subdivision	s. ATCP 14.24 (2) (b) 3. [different section], sub. (2) (b) 3. [different subsection], par. (b) 3. [different paragraph], and subd. 3. [same paragraph]
Rules subdivision paragraph	this subd. 3. a.	s. ATCP 14.24 (2) (b) 3. a. [different section], sub. (2) (b) 3. a. [different subsection], par. (b) 3. a. [different paragraph], and subd. 3. a. [different subdivision or same subdivision]
Alternative	this subsection or sub. (2) [reference is in sub. (1)]	sub. (1) or (2) [same section], s. ATCP 14.18 (1) or (2) [different section]
Plural	this subsection and sub. (2) [reference is in sub. (1)]	subs. (1) and (2) [same section], s. ATCP 14.18 (1) and (2) [different section]
Consecutive series	subs. (1) to (5)	s. ATCP 14.18 (1) to (5)

NOTE: References to "Wis. Adm. Code" should not be used when making external references. For example, a reference to "s. ATCP 14.24 (1)" clearly refers to the Administrative Code and not the statutes, because the number "14.24 (1)" is preceded by "ATCP." Material relating to "ATCP" can only be found in the Wisconsin Administrative Code and not in the statutes.

1.07(3) (3) Federal statutes and regulations.

1.07(3)(a) (a) When citing a federal law, use the U.S. Code reference; for example, 42 USC 1396a (a) (13). If an agency wishes to include a reference to a Public Law or a named federal act, this may be done in a note. An exception to this citation requirement is permitted for citations to the Internal Revenue Code, which is a term that is defined in the statutes. When citing a provision in the Internal Revenue Code, cite either the U.S. Code provision or a section of the Internal Revenue Code, as defined in either s. 71.01 (6) or 71.22 (4), Stats.

1.07(3)(b) (b) When citing a federal regulation that is currently in force, use the Code of Federal Regulations citation; for example, 22 CFR 13.2.

NOTE: See s. 2.08, Manual, for the use in rules of the incorporation, by reference, of standards established by technical societies and organizations of recognized national standing.

1.08 1.08 Repetition of language.

1.08(1) (1) Statutory language. Avoid unnecessary repetition of statutory language. Statutory language may be used if necessary to convey the intent of a particular rule.

1.08(2) (2) Federal regulations. If an agency is required to adopt federal regulations in addition to its own administrative rules to implement a statute, the agency may include the verbatim federal regulations in its rules. The federal regulation language should be clearly indicated to distinguish it from the remainder of the rule.

1.09 1.09 Notes to rules.

1.09(1) (1) Explanatory material. If it is necessary to clarify a rule by using examples, illustrations, or other explanatory material or if an agency wishes to disclose where or how particular information, including forms, may be obtained, the explanatory material follows the applicable rule provision and is labeled "Note:" or "Example:". Notes may not include substantive requirements and are not part of the substantive law created by rule.

1.09(2) (2) Creating, repealing, and amending notes. If a note is created, repealed, or amended, that action should be included in the enumeration of provisions treated (in the introductory clause described in s. 1.02 (1) (a), Manual) and in the proper sequentially numbered rule Section, as shown in the following examples:

1.09(2)(a) (a) To create a note, insert "…to create NR 1.05 (Note)…" in the enumeration of provisions treated. In the rule text, use the following treatment clause: "Section ____. NR 1.05 (Note) is created to read:". Insert the text of the new note, without underscoring, as it is entirely new language.

1.09(2)(b) (b) To repeal an existing note, insert "…to repeal NR 1.05 (Note)" in the enumeration of provisions treated. In the rule text, use the following treatment clause: "Section ___. NR 1.05 (Note) is repealed." Do not show the text of the note, as the language is being repealed.

1.09(2)(c) (c) To amend an existing note, insert "…to amend NR 1.05 (Note)" in the enumeration of provisions treated. In the rule text, use the following treatment clause: "Section ___. NR 1.05 (Note) is amended to read:". Insert the text of the current note and strike through material to be deleted and underscore material to be inserted.

1.09(3) (3) Reference to forms. If a rule requires a new or revised form, include a reference to the form in a note to the rule. The note should indicate the address that a person may write to, or the telephone number that a person may call, in order to obtain the form. If the form is available on the Internet, the note should indicate the website from which the form may be obtained. A copy of the form should be attached to the rule or a statement should be included indicating where a copy of the form may be obtained at no charge. LRB will insert the note in the Administrative Code. [See ss. 227.01 (13) (q) and 227.23, Stats., for the treatment of forms in ch. 227, Stats.]

1.10 1.10 Time periods for action on permit applications. Each rule that includes a requirement for a business to obtain a permit must include the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on the permit application. [s. 227.116 (1r), Stats.]

NOTE: Under s. 227.116 (1g), Stats., "permit" means any approval of an agency required as a condition of operating a business in this state.

PART 2

PROMULGATION PROCEDURE

2.001 2.001 Submission of materials to LRB.

2.001(1) (1) All materials submitted to LRB for publication must be submitted electronically as Microsoft Word documents. In creating proposed rules and related documents, do not use any auto-formatting or auto-numbering.

2.001(2) (2) Email documents to [e-mail]. LRB will email an acknowledgement of receipt of each submitted item. If you do not receive the acknowledgement, contact Bruce Hoesly at LRB. Except for certified copies of rules required to be filed with LRB under s. 227.20, Stats., LRB does not require submission of paper copies of any documents.

2.003 2.003 Submission of materials to state administrative rules website. Agencies are required to submit in electronic format to [e-mail], for inclusion on the state's administrative rules website, all publicly available materials regarding rules that are submitted to DOA, the Rules Clearinghouse, the Chief Clerks, LRB, legislative standing committees, and JCRAR. This includes scope statements, submissions to the Rules Clearinghouse of proposed rules and accompanying materials (such as fiscal estimates and economic impact analyses), reports of the SBRRB, notices regarding hearings, final proposed rules and reports to the Legislature that are sent to the Chief Clerks for referral to standing committees, emergency rule-making orders, requests for extensions for emergency rules, modifications to proposed rules, withdrawals or recalling of proposed rules, and final rules that are submitted to LRB for publication.

NOTE: The state administrative rules website on which all of these materials may be found is: http://adminrules.wisconsin.gov.

NOTE: 2011 Executive Order #50 requires that these materials also be submitted to the Governor's Office of Regulatory Compliance via: [e-mail].

2.005 2.005 Statement of scope of proposed rules.

2.005(1) (1)

2.005(1)(a) (a) For each administrative rule an agency plans to promulgate, a scope statement must be prepared, approved by the Governor, published in the Register, and approved by the person or body with policy-making powers for the agency. A scope statement is required for both proposed emergency rules and permanent rules. [s. 227.135, Stats., and 2011 Executive Order #50.]

NOTE: DOA has created a template for preparing scope statements: www.doa.state.wi.us/docview.asp?docid=9031&locid=166.

2.005(1)(b) (b) No state employee may perform any activity in connection with the drafting of a rule, except for the preparation of the scope statement, until the scope statement is approved by the Governor and the individual or body with policy-making powers for the agency. [See sub. (5), below, and s. 227.135 (2), Stats.]

2.005(2) (2) The scope statement must include all of the following elements, which should serve as the headings in the scope statement in the order stated below:

2.005(2)(a) (a) A description of the objective of the proposed rule.

2.005(2)(b) (b) A description of the existing policies and new policies included in the proposed rule and an analysis of policy alternatives.

2.005(2)(c) (c) The statutory authority for the proposed rule.

2.005(2)(d) (d) An estimate of the amount of time agency employees will spend developing the proposed rule and of other resources needed to develop the rule.

2.005(2)(e) (e) A description of all of the entities that will be affected by the proposed rule.

2.005(2)(f) (f) A summary and preliminary comparison of any existing or proposed federal regulation that addresses or is intended to address the activities to be regulated by the proposed rule.

[s. 227.135 (2), Stats.]

2.005(3) (3) The Governor must approve the scope statement in writing prior to submittal of the statement to LRB for publication in the Register. [s. 227.135 (2), Stats.]

NOTE: 2011 Executive Order #50 contains additional requirements needed to obtain the Governor's approval.

2.005(4) (4)

2.005(4)(a) (a) Upon approval by the Governor, the agency must send the scope statement to LRB for publication in the Register and, on the same day, send a copy to the Secretary of DOA. The agency should include the date of the Governor's approval in the electronic document submitted to LRB that contains the scope statement.

NOTE: 2011 Executive Order #50 states that an agency must file the scope statement for publication by LRB within 30 calendar days of the Governor's approval if it intends to proceed with rule-making or the Governor will deem the scope statement withdrawn.

2.005(4)(b) (b) Upon receipt by LRB of a scope statement for publication in the Register, LRB will assign a discrete identifying number to the scope statement in the following format: SS 001-11, which will be published in the Register along with the scope statement and the date of the Governor's approval.

2.005(5) (5)

2.005(5)(a) (a) No sooner than 10 days after publication of the scope statement in the Register, the statement may be presented for approval to the individual or body with policy-making powers for the agency and published in the Register. [s. 227.135 (2), Stats.]

NOTE: The Register is published on the 14th day and the last day of each month. See s. 2.06, Manual, for the Register deadline schedule for 2011 to 2014.

2.005(5)(b) (b) While the individual or body with policy-making powers may not approve a statement until at least 10 days after publication, the statutes contain no limit on when, following the Governor's approval, the scope statement must be published, no date by which a published scope statement must be approved by the individual or body with policy-making powers, and no time within which a proposed rule contemplated in the statement must be submitted to the Rules Clearinghouse. However, see the discussion of revised scope statements in sub. (6), below.

2.005(6) (6)

2.005(6)(a) (a) If an agency changes the scope of a proposed rule in any meaningful or measurable way at any time after a scope statement is approved by the Governor and the individual or body with policy-making powers, the agency must prepare and obtain approval of a revised scope statement in the same manner as the original statement was prepared and approved. The circumstances necessitating a revised scope statement include where the agency has changed the scope of the rule to include any activity, business, material, or product that is not specifically included in the original scope of the rule. [s. 227.135 (4), Stats.] It would appear that, if the change in scope of the proposed rule occurs after the Governor's approval of a scope statement and before approval by the individual or body with policy-making powers for the agency, a revised scope statement must be prepared and approved as provided in s. 227.135 (4), Stats.

2.005(6)(b) (b) A revised scope statement must contain all of the elements required for an original scope statement as set forth in sub. (2), above. The statement should be labeled a "Revised Statement of Scope" and contain a preface identifying the original statement that is being modified, as follows (as applicable):

This revised statement of scope modifies, SS ____, which was approved by the Governor on ______ (date), published in Register ____ (Register Number), on ______ (Register publication date), and approved by ________ (name of policy making body or individual for the agency as required by s. 227.135 (2), Stats.) on ______ (date), relating to __________________ (state the subject as it appears in the original statement.)

2.005(6)(c) (c) As with the original scope statement, the modified statement is submitted to the Governor for approval as provided in sub. (3), above, submitted to LRB for publication as provided in sub. (4), above, and submitted for approval by the individual or body with policy-making powers for the agency as provided in sub. (5), above. As with the original statement, no state employee may perform any activity in connection with the drafting of the rule, except for the preparation of the revised scope statement, until the scope statement is approved by the Governor and the individual or body with policy-making powers for the agency.

NOTE: For examples of actual scope statements filed by agencies with LRB, consult prior issues of the Register, available on the web at: http://www.legis.state.wi.us/rsb/regindex.htm.