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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.
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 2.055, 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.
2.01(3)(3) In addition to the above:
2.01(3)(a)(a) For rules submitted to Rules Clearinghouse for which the rule's scope statement was submitted for publication in the Register on or after June 8, 2011, and is subject to 2011 Wisconsin Act 21, insert the following:
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).
EXAMPLE: The scope statement for this rule, SS 001-11, was approved by the Governor on July 20, 2011, published in Register No. 668, on August 14, 2011, and approved by the Natural Resources Board on August 28, 2011.
2.01(3)(b)(b) 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. 2.05, 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, 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.]
NOTE: Agencies are encouraged to publish notices of this type in the Register. The Register is sent to subscribers of an agency's code as part of their upkeep subscription.
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.] (The deadlines for filing notices in the Register for 2011-2014 are set forth in s. 2.06, Manual.)
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) The text of the proposed rule in the form specified in s. 227.14 (1), Stats., or an informative summary of the effect of the proposed rule and a description of how a copy of the full text of the proposed rule may be obtained from the agency at no charge.
2.04(6)(c)(c) A reference to the statutory authority under which the agency proposes to promulgate the proposed rule and to any statute that the proposed rule interprets.
2.04(6)(d)(d) The summary of the proposed rule required under s. 227.14 (2), Stats. [s. 1.02 (2), Manual.]
NOTE: As neither the plain language analysis under s. 227.14 (2) (a) 5., Stats., nor the informative summary of the effect of the rule under s. 227.17 (3) (b), Stats., has specific statutory elements, a sufficiently informative, though brief, summary in the analysis should meet the requirements of both provisions.
2.04(6)(e)(e) The fiscal estimate required under s. 227.14 (4), Stats., or a summary of the fiscal estimate and a description of how a copy of the full fiscal estimate may be obtained from the agency at no charge. [s. 1.02 (7), Manual.]
2.04(6)(f)(f) The economic impact analysis required under s. 227.137 (2), Stats., any revised economic impact analysis required under s. 227.137 (4), Stats., and any DOA report under s. 227.137 (6), Stats., or a summary of that analysis and report and a description of how a copy of the full analysis and report may be obtained from the agency at no charge. [s. 1.02 (8), Manual.]
2.04(6)(g)(g) 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)(g)1.1. A description of the types of small business that will be affected by the rule.
2.04(6)(g)2.2. A brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule.
2.04(6)(g)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)(h)(h) The address to an Internet site that allows a person to review the proposed rule and make comments.
2.04(6)(i)(i) Any additional matter prescribed by statutes as applicable to the specific agency or class of rules under consideration.
NOTE: The required elements described above may be submitted to LRB in a single electronic document or in separate electronic documents that will be combined in a single notice when published in the Register.
2.04(7)(7) Form. The following 10-day notice form is suggested:
NOTICE IS HEREBY GIVEN That pursuant to ss. (statutory authority for adopting rules) , Stats., the (agency) will hold a public hearing to consider the (creation, amendment, repeal) of rules relating to ______________________.
Hearing Information
[Here insert the date, time, and location of hearing.]
[Here insert the following (or similar language, if applicable): The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact ______________.
Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis (If an agency includes summaries of the rule, fiscal estimate, and economic impact analysis and a description of how a copy of the full text of each may be obtained, LRB does not print the full text of each in the notice.)
[Here describe how a copy of the text of the rule, fiscal estimate, and economic impact analysis may be obtained from the agency at no charge.]
Place Where Comments are to be Submitted and Deadline for Submission
[Here insert the place where comments on the proposed rule should be submitted, including the Internet address where comments may be made, and the deadline for submitting those comments, if the deadline is known at the time the proposed rule is submitted to the Rules Clearinghouse under s. 227.15, Stats., along with any other information necessary to register comments with the agency in regard to the proposed rule.]
Analysis Prepared By (name of agency)
[Here insert the rule summary included in the proposed rule-making order according to the requirements of s. 227.14 (2), Stats., and s. 1.02 (2), Manual.]
Initial Regulatory Flexibility Analysis or Summary
[Here insert the initial regulatory flexibility analysis as described in s. 227.17 (3) (f), Stats., if the proposed rule affects small business.]
Fiscal Estimate
[Here insert the fiscal estimate or the summary of the fiscal estimate required under s. 227.14 (4), Stats. [s. 227.17 (3) (e), Stats.]
Economic Impact Analysis
[Here insert the economic impact analysis or a summary of the analysis required under s. 227.137 (4), Stats. Also insert any revised economic impact analysis and any report prepared by DOA under s. 227.137 (6), Stats. [s. 227.17 (3) (em), Stats.]
Agency contact person
[Insert the name, office, e-mail address, and telephone number of person or persons who can answer questions concerning the proposed rule.]
Text of Proposed Rule
[Here insert the text of the rule in the format required in s. 227.14 (1), (1m), or (1s), Stats. An agency is not required to include the full text of the rule, if an informative summary is included in the notice. [s. 227.17 (3) (b), Stats.] If an agency includes a summary of the rule and a description of how a copy of the full text of the rule may be obtained, LRB does not print the full text of each in the notice unless requested to do so.]
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 and the fiscal estimate required under s. 227.14 (4), 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.
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.]
2.05(4)(4) Petition not received. If the agency does not receive a petition within 30 days after publication of the notice, it may submit the proposed rule to the Governor for approval under s. 227.185, Stats.
2.05(5)(5) Form. The following 30-day notice form is suggested:
NOTICE IS HEREBY GIVEN That pursuant to ss. (statutory authority for adopting rules) , Stats., and interpreting ss. , Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the (agency) will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice (LRB to insert date), the (agency) is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality that will be affected by the rule; or an association that is representative of a farm, labor, business, or professional group that will be affected by the rule:
Then proceed as with the 10-day notice form described in s. 2.04 (7), Manual, commencing with the "Analysis Prepared by Agency," except include the full text of the rule, fiscal analysis, and economic impact analysis in all cases.
2.0552.055 Procedure for rules adopted under s. 227.16 (2) (b) or (d), or s. 227.23, Stats.
2.055(1)(1) Unlike rules adopted without hearing under the 30-day notice procedure under s. 227.16 (2) (e), Stats., there are no specific notice and procedural requirements for rules promulgated without notice: (1) to bring an existing rule into conformity with a statute that has been changed or enacted or with a controlling judicial decision under s. 227.16 (2) (b), Stats.; (2) as directed by JCRAR under s. 227.26 (2), Stats.; or (3) to promulgate a form imposing a requirement that meets the definition of a rule under s. 227.23, Stats. These rules are subject to all requirements applicable to a proposed rule filed with the Rules Clearinghouse under s. 227.14, Stats. [s. 3.01, Manual], and to the requirement that notice of the filing of the rule be published in the Register under s. 227.14 (4m), Stats. [s. 2.01, Manual.]
2.055(2)(2) As with all rules, a place to submit comments and a deadline for submitting those comments is required as a part of the rule summary under s. 227.14 (2) (a) 8., Stats. Upon the expiration of the comment period and receipt of the written report from the Rules Clearinghouse, the agency may proceed with the final draft of the rule-making order for submission to the Governor for approval and legislative review. [s. 2.09, Manual.] At a minimum, it is suggested that in addition to the elements described in s. 2.01, Manual, the following be published in the Register:
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