3.03(2)(f)5.5. A change in circumstances since enactment of the earliest law upon which the rule is based.
3.03(2)(f)6.6. Being arbitrary and capricious or imposing an undue hardship.
3.03(2)(f)7.7. For a proposed rule of the Department of Safety and Professional Services that establishes standards for the construction of a dwelling, an increase in the cost of constructing or remodeling a dwelling by more than $1,000.
3.03(2)(g)(g) If a committee objects, the committee chairperson must immediately notify the chairperson of the committee in the other house to which the proposed rule was referred. The committee in the other house may then take no further action other than also to object. [s.
227.19 (4) (b) 5., Stats.]
NOTE: Since agencies are not routinely notified when committee review periods end, an agency should review the history of the rule on the legislative website, which will indicate when committee review periods end, or contact the staff to the chairpersons of the committees or the Chief Clerk of either house.
3.03(3)(a)(a) When a committee's jurisdiction over a proposed rule is concluded, the rule is referred to JCRAR. The review period for JCRAR is 30 days, but may be extended for an additional 30 days as in the case of an initial reviewing committee. If a proposed rule received an objection from a standing committee, JCRAR is required to take executive action within its review period and may either nonconcur in an objection, object to the proposed rule, or seek rule modifications as in the case of a committee during initial review of the proposed rule. JCRAR may take executive action within its review period with respect to any proposed rule, or part of a proposed rule, to which no committee objected. JCRAR may object to a proposed rule only for one or more of the reasons listed under sub. (2) (f).
3.03(3)(b)(b) An agency may not promulgate a rule until JCRAR nonconcurs in the objection of the committee, concurs in the approval of the committee, otherwise approves the proposed rule, or waives its jurisdiction over the proposed rule; until the expiration of the review period if no committee has objected to the proposed rule; or until a bill that sustains an objection fails to be enacted. [s.
227.19 (5) (c), Stats.]
3.03(3)(c)(c) If a portion of a proposed rule receives an objection, the portion that receives no objection may be promulgated. [s.
227.19 (5) (d), Stats.]
3.043.04 Legislative consideration of rules objection. 3.04(1)(1) If JCRAR objects to a proposed rule, it shall, within 30 days, meet and take executive action regarding introduction of a bill in each house to support the objection. [s.
227.19 (5) (e), Stats.]
3.04(2)(2) If the bill is introduced on or after February 1 of an even-numbered year and before the next regular session of the Legislature commences, JCRAR must reintroduce the bills on the first day of the next regular session of the Legislature, unless either house adversely disposes of either bill. Adverse disposition of a bill occurs when one house has voted in any of the following ways:
3.04(2)(c)(c) Against ordering the bill engrossed.
3.04(2)(d)(d) Against ordering the bill to a third reading.
3.04(3)(3) After introduction, the bills are referred to an appropriate committee in each house of the Legislature, to the calendar scheduling committee, or directly to the calendar. If the committees make no report within 30 days after referral, the bills are considered reported without recommendation. No later than 40 days after referral, the bills must be placed on the calendars of the respective houses of the Legislature according to the rules of the respective houses governing the placement of proposals on calendars. A bill received in the second house after passage in the first house must be referred, reported, and placed on the calendar in the same manner as an original bill introduced as described in this subsection. [s.
227.19 (6) (b), Stats.]
3.04(4)(4) If both bills required by the law are defeated or fail to be enacted in any other manner during a regular session, then the rule may be promulgated. If either bill becomes law, the agency may not promulgate the proposed rule, or part of the proposed rule, that was objected to unless a later law specifically authorizes promulgation of the proposed rule. [s.
227.19 (5) (f), Stats.]
3.04(5)(5) Like other bills, the bills introduced by JCRAR are subject to signature or veto by the Gove
rnor.
3.053.05 Withdrawal or recall of rules. 3.05(1)(1) Withdrawal of rules. An agency may withdraw a proposed rule from the rule review process by notifying the Chief Clerk of each house of the Legislature and the Rules Clearinghouse in writing of its intention not to promulgate the rule. After withdrawing a proposed rule, an agency that decides to promulgate the proposed rule must begin the process over with a new scope statement and rule-making order. [Also see the first note following s.
3.01 (1), Manual.] [s.
227.14 (6), Stats.]
3.05(2)(2) Recall of rules. An agency may, during a standing committee review period, recall a proposed rule from the Chief Clerk of each house of the Legislature. If the agency decides to continue the rule-making process for the proposed rule, the agency shall resubmit it, either in the recalled form or with one or more germane modifications, to the Chief Clerk of each house and the committee review period begins again. [s.
227.19 (4) (b) 3m., Stats.]
3.063.06 Treatment of rules in effect by JCRAR; other powers. 3.06(1)(a)(a) Rule suspension. JCRAR may suspend a rule, including an emergency rule, at any time following promulgation after receiving testimony at a public hearing. JCRAR may suspend a rule only for one or more of the following reasons:
3.06(1)(a)2.2. An emergency relating to public health, safety, or welfare.
3.06(1)(a)5.5. A change of circumstances since enactment of the earliest law upon which the rule is based.
3.06(1)(a)6.6. Being arbitrary and capricious or imposes an undue hardship.
3.06(1)(a)7.7. For a proposed rule of the Department of Safety and Professional Services that establishes standards for the construction of a dwelling, an increase in the cost of constructing or remodeling a dwelling by more than $1,000.
3.06(1)(b)(b) Identification of policy or interpretation as a rule. If JCRAR determines that a statement of policy or an interpretation of a statute is a rule, it may direct the agency to promulgate the statement or interpretation as an emergency rule within 30 days of JCRAR's action. [s.
227.26 (2) (b), Stats.]
3.06(1)(c)(c) Hearings. By a vote of a majority of its members, JCRAR may require any agency issuing rules to hold a public hearing in respect to general recommendations of JCRAR and to report its actions to JCRAR within a time specified by JCRAR. The agency hearing shall be held not more than 60 days after receipt of notice that JCRAR is requiring the agency to hold a hearing. [s.
227.26 (3), Stats.]
3.06(2)(2) A
ction on suspended rule.
3.06(2)(a)(a) Within 30 days of its suspension of a rule, JCRAR must meet and take executive action regarding the introduction, in each house of the Legislature, of a bill to support the suspension. [s.
227.26 (2) (f), Stats.]
3.06(2)(b)(b) If the bills required under par. (a) are introduced on or after February 1 of an even-numbered year and before the next regular session of the Legislature commences, unless either house adversely disposes of either bill, JCRAR shall reintroduce the bills on the first day of the next regular session of the Legislature. Adverse disposition occurs when one house has voted in any of the following ways:
3.06(2)(b)4.4. Against ordering the bill to a third reading.
3.06(2)(c)(c) After introduction, the bills are to be referred to an appropriate committee in each house of the Legislature, to the calendar scheduling committee, or directly to the calendar. If the committees make no report within 30 days after referral, the bills are considered reported without recommendation. No later than 40 days after referral, the bills must be placed on the calendars of the respective houses of the Legislature according to the rules of the respective houses governing the placement of proposals on calendars. A bill received in the second house after passage in the first house must be referred, reported, and placed on the calendar in the same manner as an original bill introduced as described in this paragraph. [s.
227.26 (2) (h), Stats.]
3.06(2)(d)(d) If both bills are defeated or fail to be enacted in any other manner during a regular session, then the rule stands and JCRAR may not suspend it again. If either bill becomes law, the suspended rule is repealed and may not be promulgated again unless a later law specifically authorizes such action. [s.
227.26 (2) (i), Stats.]
3.06(2)(e)(e) Like other bills, the bills introduced by JCRAR are subject to signature or veto by the Gover
nor.
3.073.07 Time periods. Unless otherwise provided, all time periods refer to calendar days.
APPENDIX
FLOW CHART OF RULE PROMULGATION PROCESS
Wisconsin Legislative Council Staff
November 2011
