2.11(1)(a) (a) When promulgated, a certified copy of the rule is filed by the agency with LRB for incorporation in the Administrative Code and publication in the Register. No rule is valid until the certified copy has been filed. [ss. 227.20 and 227.21, Stats.] Except as noted in s. 2.115, Manual, the rule is effective on the first day of the month commencing after publication. [s. 227.22, Stats.]

NOTE: Once the rule is filed, no changes may be made, except for the correction of obvious typographical errors that do not affect the substance of the rule under s. 35.17, Stats., or items that can be revised under s. 13.92 (4), Stats. LRB has a duty to publish the rules as filed. Filed final rules may be changed only by amendment or repeal through the rule-making process. [See 52 Atty. Gen. 315.]

NOTE: In addition to the certified copy of the rule, LRB requires an electronic copy of the rule as an attachment via e-mail. The electronic copy may be delivered prior to the filing of the certified copy. LRB requests that the electronic copy be e-mailed as soon as possible. The e-mail address is [e-mail].

2.11(1)(b) (b) Certified copies of rules filed with LRB should be prepared on 8-1/2 by 11 inch paper, using the following form:

STATE OF WISCONSIN)
) SS
(AGENCY) )

I, _____________________ (Chair)(Director)(Secretary) of the _________________ (board)(department)(commission) and custodian of the official records, certify that the annexed rules, relating to (subject) , were duly approved and adopted by this (board)(department)(commission) on (date).

I further certify that this copy has been compared by me with the original on file in this (board)(department or)(commission) and that it is a true copy of the original, and of the whole of the original.

IN TESTIMONY WHEREOF, I have hereuntoset my hand and affixed the official seal* of the (agency) at (office, building or address) in the city of Madison, this ________ day of ________, 20____.
*SEAL, if any
(officer)

NOTE: If the agency uses the ORDER ADOPTING RULES and CERTIFICATE forms shown in this paragraph and s. 2.10, Manual, and places the CERTIFICATE at the top, followed by the ORDER ADOPTING RULES, it will meet the filing and certification requirements of LRB.

2.11(1)(c) (c) If the filed rule contains graphics, such as maps, that material is to be submitted electronically as JPEG, GIF, or TIFF files.

2.11(1)(d) (d) When an agency files a rule that was submitted to the SBRRB under s. 227.14 (2g), Stats., the agency must include with the rule whichever of the following is applicable:

2.11(1)(d)1. 1. The final regulatory flexibility analysis or a summary of the analysis prepared under s. 227.19 (3), Stats., and a summary of the comments of the legislative standing committees.

2.11(1)(d)2. 2. The statement of the SBRRB's determination that the rule will not have a significant economic impact on a substantial number of small businesses, including the stated reason for the board's decision.

2.11(2) (2) Publication of rules; deadlines. Except in the case of an extremely large rule-making order or in times of unusual rule-filing volume, any rule received by LRB on or before the 15th day of a given month will be published in the end-of-month Register for the next month, effective on the first day of the month following publication, unless a different future effective date is designated by the agency. Rules will be processed in the order received by LRB. [See s. 2.11 (1), Manual.]

EXAMPLE: A rule order filed between August 16 and September 15 will be published in the October 31 Register and will be effective November 1.

NOTE: LRB will process the rules for publication in the second end-of-month Register published after the applicable filing deadline unless the size of a rule or unusual work volume will prevent LRB from publishing the rule in that Register. In that case, the agency will be contacted and alternatives considered. Small rules may be accepted after the 15th day of a month for publication at the end of the following month with the approval of LRB. Deadlines for filing rules are necessary to enable LRB to accept new material up to the latest possible date, consistent with requirements of time for processing, composition, proofreading, printing, and distribution of the material. The cooperation of those agencies that contact LRB and file material in advance of the deadlines is most helpful.

2.11(3) (3) Publication of rules; procedure. After rules are filed with LRB, the following occurs:

2.11(3)(a) (a) LRB staff incorporates the rule into the appropriate Administrative Code chapters.

2.11(3)(b) (b) A proof copy of each affected chapter with questions, errors, changes, and corrections noted is sent to the agency for proofreading.

2.11(3)(c) (c) The proofed copy, with errors, comments, and responses to LRB questions and comments marked on the copy by the agency, is returned to LRB for corrections. A second proof copy is not sent to agencies for review unless specifically requested.

2.11(3)(d) (d) The corrected copy is sent for printing approximately two weeks before the end of the month of printing.

2.11(3)(e) (e) The printed chapters are mailed as a part of the Register and published on the Internet before the end of the month.

2.115 2.115 Effective date of rules. A rule is effective on the first day of the month following publication, unless any of the following apply:

2.115(1) (1) A statute sets a different effective date for the rule.

2.115(2) (2) A later date is set by the agency in the adopted rule-making order.

2.115(3) (3) The rule is adopted as an emergency rule under s. 227.24, Stats.

2.115(4) (4) The publication of the Register is delayed beyond the end of the month.

NOTE: If the Register is delayed, the effective date will be determined pursuant to s. 227.22 (4), Stats.

2.115(5) (5) The rule has a significant economic impact on small business, as defined in s. 227.114 (1), Stats., in which case the rule as it applies to small businesses is effective no earlier than the first day of the third month beginning after publication. The determination of significant economic impact is made by the SBRRB under s. 227.14 (2g), Stats. Both the general effective date and the effective date for small businesses should be noted in the final order. In order to avoid confusion, an agency may wish to consider adopting the first day of the third month after publication as a single effective date for the rule.

EXAMPLE: A rule is published in the November Register. The rule has a significant impact on small business. The rule would be effective on the following February 1.

2.12 2.12 Emergency rules.

2.12(1) (1) Purpose. If preservation of the public peace, health, safety, or welfare necessitates placing a rule into effect prior to the time it could be effective if the agency were to comply with the notice, hearing, legislative review, and publication requirement, of the statutes, the agency may adopt that rule as an emergency rule. [s. 227.24, Stats.]

2.12(2) (2) Statement of scope. In order to promulgate an emergency rule, an agency must first prepare a scope statement of the proposed emergency rule as provided in s. 227.135, Stats. [See s. 2.005, Manual.] As with proposed permanent rules, no state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the scope statement of the proposed emergency rule until the Governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approve the statement.

NOTE: 2011 Executive Order #50 provides that an agency that intends to promulgate both an emergency rule and a proposed permanent rule that are identical in substance may submit one scope statement indicating that intent.

2.12(3) (3) Approval of rule by Governor.

2.12(3)(a) (a) An agency must submit the proposed emergency rule in final draft form to the Governor for approval. An agency may not file an emergency rule with LRB and an emergency rule may not be published until the Governor approves the emergency rule in writing.

2.12(3)(b) (b) Insert the following in the rule, prior to the introductory clause:

The statement of scope for this rule, SS ____, 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).

This emergency rule was approved by the Governor on __________ (date).

EXAMPLE: The statement of scope 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. This emergency rule was approved by the Governor on September 15, 2011.

2.12(4) (4) Publication and filing.

2.12(4)(a) (a) An emergency rule takes effect upon publication in the official state newspaper or on a later date as specified in a statement published with the rule. An emergency rule remains in effect only for a period of 150 days unless it is extended under s. 227.24 (2), Stats. [see sub. (5), below], or is a rule promulgated under s. 186.012 (4), 215.02 (18), or 220.04 (8), Stats.

NOTE: An emergency rule need only be published one time to meet the publication requirement of s. 227.24, Stats. It is the agency's responsibility to contact the official state newspaper for publication of an emergency rule. The Wisconsin State Journal is currently the official state newspaper. See DOA purchasing bulletin 15-83330-05L. An agency may contact DOA's Bureau of Procurement, for assistance in preparing a purchase order for the publication of an emergency rule. The general telephone for the bureau is [phone]. DOA has prepared a form [DOA 3539] that may be used when sending material for legal notices including emergency rules. Forms may be downloaded from the Bureau of Procurement's website at: http://vendornet.state.wi.us/vendornet/doaforms/doafrm.ASP. The Bureau of Procurement suggests that all orders be faxed to the Wisconsin State Journal [[phone]].

2.12(4)(b) (b) In addition to publication, a certified copy of the emergency rule must be filed with LRB in order for the rule to be valid. LRB inserts in the notice section of each issue of the Register a brief description of emergency rules currently in effect and publishes the rule and the rule's fiscal estimate on its Internet site.

NOTE: In addition to the certified copy of the rule, LRB requires an electronic copy of the rule and fiscal estimate as an attachment via e-mail. The electronic copy may be delivered prior to the filing of the certified copy. LRB requests that the electronic copy be e-mailed as soon as possible. The e-mail address is [e-mail].

2.12(4)(c) (c) When an emergency rule is adopted, the agency must mail a copy of the rule, the statement of emergency finding or a statement that the rule is promulgated at the direction of JCRAR under s. 227.26 (2) (b), Stats., and the rule's fiscal estimate, to each member of the Legislature and to the Chief Clerk of each house of the Legislature. The required mailing may be by e-mail. The agency must take other steps it considers feasible to make the rule known to persons who will be affected by it.

2.12(4)(d) (d) If the emergency rule may have an economic impact on small business as defined in s. 227.114 (1), Stats., the agency must submit a copy of the emergency rule to the SBRRB on the same day it sends copies to the Legislature.

2.12(5) (5) Extension of emergency rules.

2.12(5)(a) (a) An agency may petition JCRAR for extensions of the effective period of an emergency rule or part of an emergency rule. The committee may extend a rule's effective period for a period specified by the committee, not to exceed 60 days. Any number of extensions may be granted, but the total period for all extensions may not exceed 120 days. In making the request for an extension, the agency must provide the committee with all of the following:

2.12(5)(a)1. 1. Evidence of a threat to the public peace, health, safety, or welfare that can be avoided only by extending the emergency rule.

2.12(5)(a)2. 2. Evidence that a permanent rule cannot be in effect on or before the date the emergency rule expires.

NOTE: Contact JCRAR co-chair staff for deadlines for extension requests.

NOTE: The Attorney General has stated that an administrative agency cannot perpetuate an emergency rule by refiling the identical rule in accordance with s. 227.24, Stats., before or immediately after the effective period. [See 62 Atty. Gen. 305 (1973).]

2.12(5)(b) (b)

2.12(5)(b)1. 1. An agency's request for extension of an emergency rule must be in writing and include a copy of the emergency rule and a cover letter with the expiration date and the number of days requested for extension.

2.12(5)(b)2. 2. Under s. 227.24 (2) (am), Stats., the extension request must be made to JCRAR no later than 30 days before the initial expiration date of the emergency rule.

2.12(5)(b)3. 3. Whenever JCRAR extends all or part of an emergency rule, it must file a statement of its action with the agency and LRB.

2.12(6) (6) Public hearing.

2.12(6)(a) (a) Except as provided in par. (b), above, an agency is required to hold a public hearing on an emergency rule within 45 days after the adoption of the emergency rule. [See s. 227.24 (4), Stats.]

NOTE: A notice of proposed rule-making under s. 227.16 (2) (e), Stats., described in s. 2.05, Manual, does not meet the requirement of a public hearing under s. 227.24 (4), Stats.

2.12(6)(b) (b) If the agency intends to promulgate an emergency rule as a permanent rule and submits the proposed permanent rule to the Rules Clearinghouse within 45 days of the adoption of the emergency rule, the agency must hold the public hearing on the emergency rule and permanent rule within 90 days of the adoption of the emergency rule or within 30 days after receiving the Rules Clearinghouse report on the rule, whichever occurs later.

2.12(6)(c) (c) An agency must file a notice of hearing on an emergency rule in the manner described in s. 2.04, Manual. An agency may combine the notice of hearing for an emergency rule and corresponding permanent rule in a single document if the timing and content requirements for each rule are met.

NOTE: In order to prevent a gap in coverage of a rule in transition from emergency rule to a permanent rule, it is necessary to commence the procedure for adoption of permanent rules at the same time or before the emergency rules are effective.

2.12(7) (7) Form.

2.12(7)(a) (a) The order adopting emergency rules must include a paragraph in substantially the following form:

FINDING OF EMERGENCY

The (agency) finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:

[Here insert information to justify use of emergency rule procedure.]

OR

EXEMPTION FROM FINDING OF EMERGENCY

The Legislature by (statute section), or (Section in a Wisconsin Act) provides an exemption from a finding of emergency for the adoption of the rule.

2.12(7)(b) (b) Under s. 227.24 (1) (e) 1m., Stats., the rule summary must be printed with the text of the rule when it is published. The contents of the summary are set forth in s. 1.02 (2), Manual. Also, a fiscal estimate must be prepared, which the agency must mail to each member of the Legislature within 10 days after publication.

2.13 2.13 Petition for rules.

2.13(1) (1) Who may petition. Under s. 227.12, Stats., a municipality, an association that is representative of a farm, labor, business, or professional group, or five or more persons having an interest in a rule may petition an agency requesting it to promulgate a rule.

2.13(2) (2) Form of petition. A petition must clearly and concisely state all of the following:

2.13(2)(a) (a) The substance or nature of the rule-making requested.

2.13(2)(b) (b) The reason for the request.

2.13(2)(c) (c) The petitioner's interest in the requested rule.

2.13(2)(d) (d) A reference to the agency's statutory authority to promulgate the requested rule.

2.13(3) (3) Agency response.

2.13(3)(a) (a) Within a reasonable period of time after receiving a petition for rules, an agency must either deny the petition in writing or proceed with the requested rule-making.

2.13(3)(b) (b) If the agency denies the petition, it must promptly notify the petitioner of the denial, including the reason for the denial.

2.13(3)(c) (c) If the agency proceeds with the requested rule-making, the procedures described in this Part of the Manual must be followed.

2.14 2.14 History notes. LRB prepares a history note for each rule section published in the Administrative Code, as follows:

2.14(1) (1) Date and number of publication. Each rule, as it was originally filed and printed under Ch. 221, Laws of 1955, which became part of ch. 227, Stats., was dated "1-2-56." Any rule revised or created subsequent to the original printing date is followed by a history note indicating the date and number of the Register in which it was published and the date on which the amendment or the rule became effective. The absence of a history note at the end of a section means that the rule has remained unchanged since the original printing in 1956. The date line at the bottom of a page indicates the month and Register number in which the page was released.

2.14(2) (2) Abbreviations. The following abbreviations are used in the history notes: "CR" is used for Clearinghouse Rules; "cr." is used for "create"; "am." for "amend"; "cons" for "consolidate"; "recr." for "recreate"; "renum." for "renumber"; "r." for "repeal"; "emerg." for "emergency"; and "eff." for "effective."

2.14(3) (3) Clearinghouse number. Starting in 2001, the Clearinghouse Rule number designation has been added to history notes. This number identifies a specific rule order and will facilitate online searches, showing the viewer the rule revision as it appears in rule order format.

2.15 2.15 Indexing agency rules. LRB will review agency rules for entries in a general index to the Administrative Code. Agencies may prepare a separate index that can be printed as part of its published code. Agencies are encouraged to prepare a separate index for rules that are technical in nature or of great length.

NOTE: See the index following chs. SPS 320 to 325, prepared by the Department of Safety and Professional Services, for an example of a separate index.

PART 3