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.
Whenever JCRAR extends all or part of an emergency rule, it must file a statement of its action with the agency and LRB.
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)
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.
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.
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.]
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.
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.
2.132.13 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:
The substance or nature of the rule-making requested.
The petitioner's interest in the requested rule.
A reference to the agency's statutory authority to promulgate the requested rule.
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.
If the agency denies the petition, it must promptly notify the petitioner of the denial, including the reason for the denial.
If the agency proceeds with the requested rule-making, the procedures described in this Part of the Manual must be followed.
2.142.14 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.
. 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.
2.152.15 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.
RULES REVIEW PROCEDURE
3.013.01 Submission of proposed rules to Legislative Council staff. 3.01(1)(1) When submitted
. An agency is required to submit proposed rules to the Rules Clearinghouse for review prior to any public hearing on the proposed rules, or, if no hearing is required, prior to submission to the Governor for review. A public hearing on a proposed rule may not be held until the agency receives the report described in sub. (3) from the Rules Clearinghouse or until after the Rules Clearinghouse's initial review period of 20 working days, whichever comes first. The notice must be published in the Register at least 10 calendar days prior to the date set for the public hearing. However, an agency may, before receiving the Rules Clearinghouse report, act to schedule the date of a public hearing. [s. 227.15 (1)
NOTE: Under s. 227.14 (6) (c), Stats., a proposed rule is considered withdrawn on December 31 of the 4th year after the year in which it is submitted for Rules Clearinghouse review unless it is filed with LRB under s. 227.20 (1), Stats., or withdrawn by the agency before that date. [See s. 3.06, Manual.] NOTE: A proposed rule should be submitted by
both of the following methods to the Rules Clearinghouse: (1) in paper format to the Legislative Council, One East Main Street, Suite 401, Madison, WI;
and (2) in electronic format as a Word document to "Clearing.House@legis.wisconsin.gov".
3.01(2)(2) Agency responsibilities
. Proposed rules must be drafted in accordance with s. 227.14
, Stats., and follow the format and drafting style of bills prepared for the Legislature and the drafting guidelines set forth in this Manual. [s. 227.14 (1)
, Stats.] Proposed rules must be accompanied by all of the following information:
The citation of any federal statutes or regulations that require adoption of the proposed rules or are relevant to the substance of the proposed rules.
The citation of any court decision directly relevant to the proposed rules.
The name and telephone number of all of the following:
The agency person to be contacted if there are substantive questions on the rules.
The agency person responsible for the agency's internal processing of the rules.
Council staff responsibilities
Under s. 227.15
, Stats., the Legislative Council staff acts as a clearinghouse for rule drafting and cooperates with an agency and LRB to do all of the following:
Review the statutory authority under which the agency intends to promulgate the rule.
Ensure that the procedures for the promulgation of a rule required by ch. 227
, Stats., are followed.
Review proposed rules for form, style, and placement in the Administrative Code.
Review proposed rules to avoid conflict with or duplication of existing rules.
Review proposed rules to provide adequate references to related statutes, rules, and forms.
Review proposed rules for clarity, grammar, and punctuation and to ensure plain language.
Review proposed rules to determine potential conflicts and to make comparisons with related federal statutes and regulations.
Review proposed rules for compliance with the permit action deadline requirements of s. 227.116
The period for Rules Clearinghouse review is 20 working days following the receipt of the paper copy
of the proposed rule. With the consent of the Director of the Legislative Council staff, the review period may be extended for an additional 20 working days. [s. 227.15 (1)
The Rules Clearinghouse assigns a Clearinghouse Rule number to the proposed rule, records the submission of the rules in the Bulletin of Proceedings of the Wisconsin Legislature and prepares two numbered rule jackets, one for each house. When the review of proposed rules is completed, the Rules Clearinghouse returns the rules, the rule jackets, and a Clearinghouse Report containing the results of the review under par. (a) to the agency.
3.023.02 Submission of proposed rules to Legislature. 3.02(1)(1)
. Following approval of the Governor under s. 227.185
, Stats., an agency submits a proposed rule to the Legislature by notifying the Chief Clerk of each house that the proposed rule is in final draft form. [s. 227.19 (2)
, Stats.] Each Chief Clerk should receive from the agency the appropriate rule jacket prepared under s. 3.01 (3) (c)
, Manual. Prior to transmittal to the Chief Clerks, the agency records on each rule jacket the date of any agency public hearing held regarding the proposed rule. If a public hearing is not required, the agency records this fact on each rule jacket. [See also s. 2.09
NOTE: An agency may not divide a rule into two separate rule-making orders following receipt of the Clearinghouse Report. The Clearinghouse rule number and rule jackets are unique to the originally submitted rule-making order and form the basis of the system used to record, handle, and monitor statutory deadlines on final draft rules.
It is helpful if the submission of rules that are based on a specific Act include a reference to both the Act number and bill number.
3.02(2)(2) Items included in submission
. The notification to the Chief Clerks must be in triplicate and include, as required in s. 227.19 (3)
, Stats., all of the following:
Any statement, suggested changes, or other material submitted to the agency by the SBRRB. [s. 227.14 (2g)
A copy of any revised economic impact analysis prepared by the agency. [s. 227.137 (4)
A copy of any report prepared by DOA for a proposed rule with $20,000,000 or more in implementation and compliance costs. [s. 227.137 (6)
A copy of any energy impact report received from the Public Service Commission. [s. 227.117 (2)
A detailed statement explaining the basis and purpose of the proposed rule, including how the proposed rule advances relevant statutory goals or purposes. [s. 227.19 (3) (a)
A summary of public comments to the proposed rule and the agency's response to those comments, and an explanation of any modification made in the proposed rule as a result of public comments or testimony received at a public hearing. [s. 227.19 (3) (b)
A list of the persons who appeared or registered for or against the proposed rule at a public hearing. [s. 227.19 (3) (c)
A response to the recommendations in the Rules Clearinghouse Report indicating acceptance of the recommendations in whole, acceptance of the recommendations in part, rejection of the recommendations in whole, rejection of the recommendations in part, and the specific reason for rejecting any recommendation. [s. 227.19 (3) (a)
For a proposed rule that will have an effect on small businesses, a final regulatory flexibility analysis that contains the information in s. 227.19 (3) (e)
, Stats. A final regulatory flexibility analysis is not required for a proposed rule if the SBRRB determines that the rule will not have a significant economic impact on a substantial number of small businesses. [s. 227.19 (3m)
If an energy impact report regarding the proposed rule was submitted, an explanation of the changes, if any, that were made in the proposed rule in response to that report. [s. 227.19 (3) (f)
If applicable, the report from DOA for a proposed rule that directly or substantially affects the development, construction, cost, or availability of housing in this state. [s. 227.115
NOTE: An agency must submit electronically a copy of the notification to the Chief Clerks and the agency report to the Legislature to the Rules Clearinghouse at Clearing.House@legis.wisconsin.gov.
3.02(3)(3) Publication of notice
. The agency must place a notice in the Register stating that a proposed rule has been submitted to the Chief Clerk of each house of the Legislature. [s. 227.19 (2)
, Stats.] The notice must include the Clearinghouse number, introductory clause, and the date of submittal to the Chief Clerks. [See also s. 2.09 (2)
3.02(4)(4) Place of delivery
. Clearinghouse rule jackets should be delivered to the following offices:
Senate Chief Clerk
Room B20 Southeast, State Capitol
Assembly Chief Clerk
17 West Main Street, Room 401
3.033.03 Standing committee review. 3.03(1)(1) Referral to committees
. Each presiding officer must, within 10 working days of receipt by the Legislature for review, direct the Chief Clerk to refer the rule jackets to one standing committee of the particular house. If submittal to the Chief Clerks takes place after the last day of the Legislature's final general-business floorperiod in the biennial session, the rules shall be considered received on the first day of the next regular session of the Legislature for the purposes of determining the running of time periods for legislative committee review described in this section, unless the presiding officers of both houses refer the rule jackets before the first day of the next regular session. [s. 227.19 (2)