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.
2. A municipality that will be affected by the proposed rule.
3. An association which is representative of a farm, labor, business, or professional group that will be affected by the proposed rule.
Agency Organizational Unit Primarily Responsible for Promulgating Rule
[Insert unit name or the agency name if there is no agency subunit responsible for the rule]
Agency Contact Person
  [Insert name and contact information]
NOTE: This form may be accessed as a Word document on LRB's website at: http://legis.wisconsin.gov/lrb/publications/register-templates.
2.01(3)(3) For rules submitted to the Rules Clearinghouse for which the rule's scope statement was submitted for publication in the Register before June 8, 2011, and is not subject to 2011 Wisconsin Act 21, insert the following:
This rule is not subject to s. 227.135 (2), Stats., as affected by 2011 Wis. Act 21. The scope statement for this rule, published in Register No. ____ (Register Number), on ______ (Register publication date), was sent to LRB prior to June 8, 2011 (the effective date of 2011 Wisconsin Act 21).
2.022.02 Notice and public hearings.
2.02(1)(1) General rule. Except as provided in s. 227.16, Stats., all rule-making by an agency must be preceded by notice and public hearing as required under ss. 227.17 and 227.18, Stats., or any other specific statute.
2.02(2)(2) Exceptions. Unless another statute specifically requires the agency to hold a hearing prior to promulgating the proposed rule, s. 227.16, Stats., provides that public hearing and notice for a proposed rule is not required if any of the following apply:
2.02(2)(a)(a) The proposed rule brings an existing rule into conformity with a statute that has been changed or enacted or with a controlling judicial decision. [s. 227.16 (2) (b), Stats.]
2.02(2)(b)(b) The proposed rule is adopted as an emergency rule. Notice and public hearing are required after emergency rule adoption. [s. 227.16 (2) (c), Stats.; and s. 2.12, Manual.]
2.02(2)(c)(c) The proposed rule is being promulgated as directed by JCRAR under s. 227.26 (2) (b), Stats. [s. 227.16 (2) (d), Stats.; and s. 2.06, Manual.]
2.02(2)(d)(d) The proposed rule is published under the 30-day notice procedure in s. 227.16 (2) (e), Stats. [See s. 2.05, Manual.]
2.02(2)(e)(e) The proposed rule consists of one or more forms that impose a requirement that meets the definition of a rule. [s. 227.23, Stats.]
NOTE: Except in the case of an emergency rule, if one of these exceptions is utilized, the agency should do all of the following:
1. Note in its notice of submittal to the Rules Clearinghouse [s. 2.01 (2) (f), Manual] and its proposed rule-making order that the rules are being adopted under the procedure in s. 227.16 (2) (b), (d), or (e), Stats.
2. Complete all other procedural requirements for rule-making as with any other rule.
2.032.03 Informal or informational hearings. An agency may hold hearings to solicit public comment on a general subject area that may result in future rule-making. Hearings of this nature do not satisfy the requirement of s. 227.16 (1), Stats. Notices for informal or informational hearings may be published in the Register. [s. 227.16 (6), Stats.]
2.042.04 Ten-day notice procedure.
2.04(1)(1) General. If a hearing is required, the agency must follow the notice procedure set forth in this section. [s. 227.17, Stats.]
2.04(2)(2) Submission to LRB. The agency must send written notice of a hearing to LRB for publication in the Register and, if required, to a local newspaper under s. 227.17 (1) (a), Stats.
2.04(3)(3) Submission to legislators. The agency must send written notice of a hearing to every member of the Legislature who has filed a request for a notice in writing with LRB. Upon request, LRB must furnish to an agency the names and addresses of those legislators who have requested notice.
2.04(4)(4) Other notice. The agency is required to take whatever steps it deems necessary to convey notice to interested persons, including sending press releases to local newspapers, mailing notice to interested parties, and making radio spots available in the area where a hearing will be held.
2.04(5)(5) Dates for notice. An agency may not hold a public hearing on a proposed rule until after it has received the Rules Clearinghouse's written report containing the Clearinghouse's review of the proposed rule or until after the end of the initial 20-working day Clearinghouse review period. [s. 227.15 (1), Stats.] However, the agency may notice the hearing before receiving the Clearinghouse Report. The notice must be published in the Register at least 10 calendar days prior to the date set for a hearing. [s. 227.17 (2), Stats.]
2.04(6)(6) Information included in notice. Under s. 227.17 (3), Stats., the notice must include all of the following:
2.04(6)(a)(a) A statement of the time, date, and place of the hearing.
2.04(6)(b)(b) A copy of the proposed rule as submitted to the Legislative Council staff under s. 227.15 (1), Stats.
NOTE: The copy of the rule submitted to Legislative Council staff includes the economic impact analysis and any other documents submitted to the Legislative Council with the proposed rule. Submit to LRB as separate Word documents the notice document (see sub. (7), below, for the form of the notice document), the proposed rule, the economic impact analysis, and any other document submitted to Legislative Council staff.
2.04(6)(c)(c) Any report prepared by the Department of Administration under s. 227.137 (6), Stats.
NOTE: Section 227.137 (6), Stats., provides:
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, the department of administration shall review the proposed rule and issue a report.
2.04(6)(d)(d) An initial regulatory flexibility analysis if the proposed rule will have an effect on small businesses as defined in s. 227.114 (1), Stats., or a statement indicating that the proposed rule will not have an effect on small business, along with the electronic mail address and telephone number of the small business regulatory coordinator. An initial regulatory flexibility analysis must contain all of the following:
2.04(6)(d)1.1. A description of the types of small business that will be affected by the rule.
2.04(6)(d)2.2. A brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule.
2.04(6)(d)3.3. A description of the types of professional skills necessary for compliance with the rule.
[s. 227.17 (3) (f), Stats.]
2.04(6)(e)(e) The address to an Internet site that allows a person to comment on the rule, such as the agency's website or the state administrative rule website (https://health.wisconsin.gov/admrules/public/Home).
2.04(6)(f)(f) Any additional matter prescribed by statutes as applicable to the specific agency or class of rules under consideration.
2.04(7)(7) Form. The following 10-day notice form is suggested:
Notice of Hearing
The (Name of Agency) announces that it will hold a public hearing on [a permanent rule or an emergency rule (or both)] (Here insert a short statement of the administrative code material treated by the rule followed by the relating clause taken from proposed rule. See the examples below.), at the time and place shown below.
Examples:
to repeal ch. ATCP 141.03 and 141.04 (1) (b); and to amend 141.04 (1) (a) and (2) (a) relating to the cherry marketing order.
to revise ch. NR 150 relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
This serves as an abbreviation of the following text contained in the Proposed Rule Order. LRB will insert a link to the full text of the rule order that will appear in the header of the Notice of Hearing as it appears in the Register.
to repeal NR 150.10 (1m) (b), and 150.20 (3) (a) 4. and 5.; to amend NR 150.03 (1), (15) (intro.), (19), (25) and (26), 150.10 (1) and (1m) (a), (c) (intro.) and (2) (a), 150.20 (1), (1m) (j), (k), and (L), (2) (a) (intro.), 4., 10., 11., and 16., (3) (a) (intro.), and (4) (b) (intro.), and 150.35; and to create NR 150.20 (1) (Note), (1m) (k) (Note), and (m) to (y), and (2) (a) 20. to 27., relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
Hearing Information
Date:  
Time:  
Location:  
Accessibility (not required by statute)
(Examples:  
1. Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by (Date), by writing to _________, (Mailing Address, Telephone) (608) _________. Alternatively, you may contact (the Agency Name or a named person) TDD at (608) _________. The hearing facility is accessible to disabled users.
2. Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call __________ (a named person) at (608) _________ with specific information on your request at least 10 days before the date of the scheduled hearing.
3. Handicap access is available at the hearing location.)
Appearances at the Hearing and Submittal of Written Comments
(Here insert the information contained in the rule order regarding the submission of comments along with any additional information regarding personal appearances at the hearing.)
The rule (or rules if both emergency and permanent rules will be considered at the hearing) may be reviewed and comments made at www.adminrules.wisconsin.gov (or the agency website) no later than _____________.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses, as defined under s. 227.114 (1).
[or]
The proposed rule will have an effect on small businesses, as defined under s. 227.114 (1).
1. Description of the types of small businesses that will be affected by the rule:
2. Description of the proposed reporting, bookkeeping and other procedures required for compliance with the rule:
3. Description of the types of professional skills necessary for compliance with the rule:
Agency Small Business Regulatory Coordinator (Here insert the name, email address, and telephone number.)
(Forward a copy of the complete rule filed with Legislative Council Rules Clearinghouse, including any economic impact analysis and fiscal estimate to LRB as separate files. All documents, including the economic impact analysis, must be Microsoft Word documents. PDFs cannot be accepted.)
NOTE: This form may be accessed as a Word document on LRB's website at: http://legis.wisconsin.gov/lrb/publications/register-templates.
2.052.05 Thirty-day notice procedure.
2.05(1)(1) General. If the agency uses the procedure under s. 227.16 (2) (e), Stats., a public hearing may not be required.
2.05(2)(2) Submission to LRB . If the agency intends to adopt a proposed rule without public hearing, it must send a written notice to LRB for publication in the Register. The notice must include a copy of the proposed rule as submitted to the Legislative Council staff under s. 227.15 (1), Stats. The notice shall state that the proposed rule will be adopted without public hearing, unless a petition is received by the agency, within 30 days after publication of the notice, signed by one of the following:
2.05(2)(a)(a) Twenty-five natural persons who will be affected by the rule.
2.05(2)(b)(b) A municipality that will be affected by the rule.
2.05(2)(c)(c) An association that is representative of a farm, labor, business, or professional group that will be affected by the rule.
NOTE: The copy of the rule submitted to Legislative Council staff includes the economic impact analysis and any other documents submitted to the Legislative Council with the proposed rule. Submit to LRB as separate Word documents a notice document (see sub. (5), below, for the form of the notice document) the proposed rule, the economic impact analysis, and any other document submitted to Legislative Council staff.
2.05(3)(3) Petition received. If the agency receives a petition within 30 days after publication of the notice, it may not proceed with the proposed rule until it has given notice and held a public hearing under ss. 227.17 and 227.18, Stats. [See s. 2.02, Manual.]
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