Marriage license fees
A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, in the alternative, require AIDS testing as a condition of obtaining a Wisconsin marriage license. 77-154
Testing
A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, in the alternative, require AIDS testing as a condition of obtaining a Wisconsin marriage license. 77-154
A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181
ADMINISTRATION, DEPARTMENT OF
Collective bargaining
Matters within the scope of sec. 111.91, Stats., agreed to by Department of Administration not effective until approved by the Joint Committee on Employment Relations. 67-38
Industry, Labor and Human Relations, Department of
Discussion concerning a shared responsibility for collection of amounts owed the State. (Unpub.). 49-1978
Validity of appointment of DOA employe as Deputy Secretary discussed. (Unpub.). 8-1978
Protective services
May be provided by DOA in leased buildings. (Unpub.). 84-1976
Public records
Department of Administration probably has authority to provide private corporation with camera-ready copy of computer stored public records if costs are minimal. 63-302
Purchase of all goods and services used by State
Enactment of secs. 58 and 59 of ch. 418, Laws of 1977, placed the responsibility for the purchase of all goods and services used by state government with the Department of Administration. The purchase of all goods and services by the Department of Administration is made pursuant to subch. IV of ch. 16, Stats. 64 OAG 4 (1975) is no longer applicable. (Unpub.). 83-1979
State contracts
State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75(1), Stats., unless waived by the Governor. 65-251
ADMINISTRATIVE CODE
Discrimination
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Indian reservation
State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276
Industry, Labor and Human Relations, Department of
Cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support. 62-287
Wis. Admin. Code ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282
On-premise signs
Discussed. 66-295
Public defender access to prisoners
The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under section 977.07(1), Stats., for an inmate who has requested counsel and claims indigency. 78-133
RACE
Under 1987 Wisconsin Act 354 and section 562.05(3w)(a), Stats., residency for purposes of owning and operating a racetrack does not require fifty-one percent ownership by individuals. Wisconsin Administrative Code section RACE 1.01(9) (1990) is consistent with this legislative intent. 80-124
Revisor of Statutes
It is within the discretionary power of the Revisor of Statutes whether to purchase and utilize the Federal Standards found in the Federal Register and attach state printed covers thereto in lieu of completely reprinting them in the standard format of the Wisconsin Administrative Code as authorized by secs. 227.024(7) and 35.93(1), Stats. 63-78
Rules
Wis. Admin. Code § ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282
University
Campuses have no present authority to regulate political convassing in university-owned dormitories which does not involve the solicitation of monetary contributions. 65-261
ADMINISTRATIVE LAW AND PROCEDURE
Architects and Engineers
The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74-200
County Board
Can only grant powers of indirect supervision to finance director with respect to accounting or bookkeeping duties of county clerk required by statute or board resolution to be performed by such officer. 65-132
Without power to hire and fire employes of county welfare department, such power belongs to county board of public welfare. 65-163
Establishment of religion clauses
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the first amendment, United States Constitution, and of Wis. Const. art. I, § 18. 75-115
Joint Committee for Review of Administrative Rules
The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the Committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
Rules
Since there is no difference between an otherwise valid administrative rule and a law, such a rule cannot be suspended or revoked by joint resolution of the Legislature and no statute can grant the Legislature the power to do so. The Legislature could, however, by law empower itself or a committee of its members to function as an administrative review agency, provided that the delegation of power restricted such review to a determination whether the administrative rule was a correct application or interpretation of the relevant enabling legislation and provided that such determination is subject to judicial review. There is no material distinction between an otherwise valid administrative rule and an otherwise valid policy pronouncement by an agency inasmuch as they both have the force of law, but the policy pronouncements of administrators do not have the force of law. Judicial review of a policy pronounce
Search and seizure
Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172
Service of process
Service of process discussed within the meaning of sec. 262.06(3), Stats. (1973). 63-467
Voting
The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
Witnesses
In administrative hearings, a subpoenaed witness has a duty to attend pursuant to the subpoena and to remain in attendance until excused. 68-251
