s. ATCP 14.01    
  ss. ATCP 14.01 and 14.03
  s. ATCP 14.02 (1) and (2)    
  ss. ATCP 14.03 (1) and 14.06 (2)  
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.
1.081.08 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.
1.091.09 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 If a note is created, repealed, or amended, that action should be included in the enumeration of provisions treated (in the introductory clause described in s. 1.02 (1) (a), Manual) and in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.]
1.101.10 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
2.0012.001 Submission of materials to LRB.
2.001(1)(1) All materials submitted to LRB for publication in the Administrative Register and Administrative Code, including economic impact analyses and fiscal estimates, must be submitted electronically as Microsoft Word documents. In creating proposed rules and related documents, do not submit any documents to LRB that contain auto-formatting or auto-numbering. Do not submit any documents that use the Track Changes function to indicate underscores.
2.001(2)(2) Email documents to Legislative-Council-Administrative-Code-Register@legis.wisconsin.gov. LRB will email an acknowledgement of receipt of each submitted item. If you do not receive the acknowledgement, contact Bruce Hoesly or Tami Dodge at LRB. Except for certified copies of emergency and final permanent rules required to be filed with LRB under s. 227.20, Stats., no paper copies of any documents need be submitted to LRB.
2.0022.002 Deadline for filing notices. All notices received for publication in the Register by 3:30 P.M. Monday will be published in the Register the following Monday. Exceptions to the deadline may be allowed by LRB in the event of exceptional circumstances. See s. 2.11 (2), Manual, for the deadline for filing final rule orders for publication in the Administrative Code.
NOTE: Beginning on January 5, 2015, the Register will only be published as an electronic document on the Internet. Publication will be each Monday, except when Monday is a holiday, when the Register will be published on the Tuesday. Current and previous editions of the Register may accessed at:
2.0032.003 Submission of materials to state administrative rules website. Agencies are required to submit in electronic format to adminrules@wisconsin.gov, 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: Executive Order #50 requires that these materials also be submitted to the Governor's Office of Regulatory Compliance via: SBOAdminRules@webapps.wi.gov.
2.0052.005 Statement of scope of proposed rules.
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. The individual or body with policy-making powers may not approve the statement until at least 10 days after publication of the statement in the Register. A scope statement is required for both proposed emergency rules and permanent rules. [ss. 227.135 and 227.24 (1) (e), Stats.; and Executive Order #50.]
NOTE: DOA has created a template for preparing scope statements: http://www.doa.state.wi.us/Divisions/Budget-and-Finance/Information-for-State-Agencies
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. [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 may 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 (1), 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: Executive Order #50 contains additional requirements needed to obtain the Governor's approval.
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 must include the date of the Governor's approval in the submission of the scope statement to the LRB.
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. LRB will publish the scope statement in the next Register whose filing deadline has not been reached.
[s. 227.135 (3), Stats.]
2.005(4)(c)(c) While the individual or body with policy-making powers may not approve a scope statement sooner than 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 in the case of a proposed permanent rule or published in the case of a proposed emergency rule. However, see the discussion of revised scope statements in sub. (5), below.
NOTE: 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.
NOTE: Beginning on January 5, 2015, the Register will be published on the Internet each Monday, except when Monday is a holiday, when the Register will be published on the following Tuesday. See s. 2.002, Manual, for the filing deadline for documents being published in the Register. Current and previous editions of the Register may accessed at:
2.005(5)(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(5)(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(5)(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. (4), 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: https://docs.legis.wisconsin.gov/code/register.
2.0072.007 Presubmission editing of proposed rules by Legislative Reference Bureau. The LRB offers the services of its staff editors to provide editing of all proposed rules, including emergency rules, generally, prior to their submission to the Legislative Council Clearinghouse, or publication, in the case of emergency rules. The use of this service is strictly voluntary on the part of each agency. Editing will be for structure of the proposed order and form and style of the rule text. Legality, authority, or the substance of the rule will not be addressed, and the rule analysis will not be reviewed. Rules to be edited should be submitted to LRB the same as any other Register or Rule submission, indicating any time constraints and providing the scope statement number of the rule for tracking purposes. Editors will then mark all corrections they find in the entire draft, using the Track Changes function, and the marked up copy will be returned to the agency by email. Explanatory comments will be included as necessary.
2.012.01 Submittal to Legislative Council staff.
2.01(1)(1) Except for emergency rules, a copy of each proposed rule must be submitted to the Rules Clearinghouse as provided in s. 227.15, Stats. [See s. 3.01, Manual, for the requirements for submitting proposed rules to the Rules Clearinghouse for review.]
NOTE: On the same day that an agency submits to the Rules Clearinghouse a proposed rule that may have an economic impact on small businesses, the agency must submit the proposed rule and other materials to the SBRRB, as provided in s. 227.14 (2g), Stats. See 2011 Wisconsin Act 46 for changes to the rules promulgation process relating to the SBRRB.
2.01(2)(2) The agency must submit to LRB for publication in the Register, and to the Secretary of DOA, a notice, approved by the person or body with policy-making authority over the subject matter of the proposed rule, that the agency has submitted a proposed rule to the Rules Clearinghouse. [See s. 227.14 (4m), Stats.] The notice must include all of the following:
2.01(2)(a)(a) The date the proposed rule was submitted to the Rules Clearinghouse.
2.01(2)(b)(b) The subject matter of the proposed rule.
2.01(2)(c)(c) Whether a public hearing is required. Include the date of the hearing if it is known. If a hearing is not required, note the applicable exemption under s. 227.16 (2), Stats., in the notice and proceed as provided in s. 2.05 or 2.06, Manual.
2.01(2)(d)(d) The organizational unit that is responsible for preparing the rule.
2.01(2)(e)(e) The name and contact information for a contact person, if desired by the agency.
(f) The following form is suggested:
Notice of Submittal of Proposed Rule to
Legislative Council Rules Clearinghouse
On _________ (insert date), the (Name of Agency) submitted a proposed rule to the Wisconsin Legislative Council Clearinghouse pursuant to s. 227.15 (1), Wis. Stats.
Analysis
The proposed rules affect Chapters ____________, relating to ____________ (insert relating clause from introductory clause of proposed rule).
A related emergency rule, Em____, affecting the same (or similar) Administrative Code provisions contained in this proposed rule and relating to the same purpose has been published and is in effect.
Statement of Scope
The scope statement for this rule, SS ____, was approved by the Governor on ______ (date), published in Register No. ___ (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).
Agency Procedure for Promulgation
A public hearing is required and will be held on [a date to be determined or ____________ (insert date of hearing)].
[or]
Pursuant to s. 227.16 (2), Stats., a public hearing is not required. (Insert one of the following as applicable)
The proposed rule brings an existing rule into conformity with a statute that has been changed or enacted or with a controlling judicial decision.
The proposed rule is being promulgated at the direction of the Joint Committee for Review of Administrative Rules under s. 227.26 (2) (b).
The proposed rule will be promulgated without public hearing unless a petition is received by the agency within 30 days after publication of the notice, signed by any of the following:
1. Twenty-five natural persons who will be affected by the proposed rule.
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