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.]
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 of Rulemaking Without Public Hearing
Under s. 227.16 (2) (e), Stats.
The (name of agency) will adopt the attached rule, without public hearing under the procedure set forth in s. 227.16 (2) (e), Stats., unless a petition is received by the agency within 30 days after publication of the notice, signed by any of the following:
(a) Twenty-five natural persons who will be affected by the rule.
(b) A municipality that will be affected by the rule.
(c) An association that is representative of a farm, labor, business, or professional group that will be affected by the rule.
Submittal of Written Comments
(Here insert the information contained in the rule order regarding the submission of comments.)
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.
2.062.06 Procedure for rules adopted under s. 227.16 (2) (b) or (d), or s. 227.23, Stats. (a) 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:
2.06(1)(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., and to the requirement that notice of the filing of the rule be published in the Register under s. 227.14 (4m), Stats. [ss. 2.01 and 3.01, Manual.]
2.06(1)(b)(b) 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:
2.06(1)(b)1.1. The specific purpose of the rule-making.
2.06(1)(b)2.2. The place where comments on the proposed rule should be submitted and the deadline for submitting those comments.
2.06(1)(b)3.3. The text of the proposed rule in the form specified in s. 227.14, Stats., including the plain language analysis, fiscal estimate, and economic impact analysis, or an informative summary of the effect of the proposed rule and a description of how a copy of the full rule, including the analysis, fiscal estimate, and economic impact analysis, may be obtained from the agency at no charge. In the case of forms promulgated under s. 227.23, Stats., the text of the rule is the form. If a proposed rule promulgates forms and other rule text, the hearing exception does not apply.
2.072.07 Conduct of rule-making hearings.
2.07(1)(1) Purpose of hearings. A public hearing on a proposed rule is intended to elicit the greatest possible public participation in presenting facts, views, or arguments on the proposed rule. The hearing is not a mere formality.
NOTE: As stated in HM Distributors of Milwaukee v. Dept. of Agri., 55 Wis. 2d 261, 268 (1972): "The purpose of a public hearing is to give interested parties not only a chance to be heard, but to have an influence in the final form of the regulations involved.”
NOTE: Agencies should hold rule-making hearings in facilities that are accessible to individuals with disabilities. Agencies should note in their rule-making notice of hearing where there is an accessible entrance for the building in which the hearing is to be held.
2.07(2)(2) Procedure.
2.07(2)(a)(a) The procedure to be followed in conducting rule-making hearings is set forth in s. 227.18, Stats. This procedure does not supersede other statutory procedures relating to the specific agency or to the proposed rule or class of rules. The agency, through its authorized representative, must do all of the following:
2.07(2)(a)1.1. Conduct the public hearing; explain the purpose of the hearing; and describe how testimony will be received.
2.07(2)(a)2.2. Present, at the beginning of the hearing, a summary of the factual information on which the proposed rule is based, including information obtained from advisory committees, informal conferences, or consultations.
2.07(2)(a)3.3. Afford each interested person an opportunity to present facts, views, or arguments in writing, whether or not there was an opportunity to present them orally.
2.07(2)(a)4.4. Keep a record of the hearing that the agency deems desirable and feasible.
NOTE: A tape recording of a hearing is acceptable. [See HM Distributors, cited in the first note following s. 2.07 (1), Manual.]
2.07(2)(b)(b) The agency may:
2.07(2)(b)1.1. Limit oral presentations if the hearing would be unduly lengthened by reason of repetitious testimony.
2.07(2)(b)2.2. Question or allow others present to question persons appearing.
2.07(2)(b)3.3. Administer oaths or affirmations to any person appearing.
2.07(2)(b)4.4. Continue or postpone the hearing to a time and place as it determines.
2.07(3)(3) Absence of officer or quorum. If the agency representative, or a quorum of the board or commission responsible for promulgating the proposed rule, is not present at the hearing, all of the following procedures apply:
2.07(3)(a)(a) At the beginning of a hearing, the presiding officer must inform those present that any person who presents testimony at the hearing may present arguments to the agency officer, board, or commission prior to adoption of the proposed rule, if, at the hearing, the person makes such a request in writing to the presiding officer.
2.07(3)(b)(b) If required by the agency, the arguments under par. (a), above, must be presented to the agency in writing. If oral arguments are permitted by the agency, the agency may impose reasonable limitations on the length and number of appearances to conserve time and preclude undue repetition.
2.07(3)(c)(c) If a record of the hearing has been made, arguments before the agency under par. (a), above, are limited to the record of the hearing.
[s. 227.18 (3), Stats.]
2.082.08 Incorporation of standards by reference.
2.08(1)(1) General. With the consent of the Attorney General, an agency may incorporate standards, established by technical societies and organizations of recognized national standing, by reference in a rule without reproduction of the standards in full. Consent for incorporation will be granted only if the rule is of limited public interest and the incorporated standards are readily available in published form or are available on optical disk or in another electronic format. The analysis to the rule must indicate that consent has been given. [s. 227.21 (2), Stats.]
NOTE: Incorporation of standards by reference may raise legal questions regarding improper delegation of authority by the rule-making agency. The issue arises when a rule incorporates external material adopted by an independent entity and changes to the material that may be adopted by that entity after the material is incorporated. This raises the question of whether the agency has exceeded its rule-making authority by delegating its authority to the external source to dictate revisions to the rules. A court would be unlikely to strike down the rule as an improper delegation of rule-making power if external material were incorporated into a rule without incorporating later changes. In that instance, the agency, and the Legislature through its review process, theoretically have examined all relevant external material and passed judgment on its value.
For a more detailed discussion of the concept of improper delegation as applied to legislative authority, see "Adoption by Reference” reproduced from the LRB Bill Drafting Manual, which may be accessed from the electronic version of this Manual at: http://docs.legis.wisconsin.gov/document/adminruleprocedures.
Loading...
Loading...