227.18(3)(a)(a) If the agency officer or a quorum of the board or commission responsible for promulgating the proposed rule is not present at the hearing, the procedures in this subsection apply.
227.18(3)(b)
(b) At the beginning of the hearing, the person conducting it shall inform those present that any person who presents testimony at the hearing may present his or her argument to the agency officer, board or commission prior to promulgation of the proposed rule if the request to do so is made in writing at the hearing.
227.18(3)(c)
(c) If required by the agency officer, board or commission, an argument shall be presented to the agency in writing. If oral arguments are permitted, the agency officer, board or commission may impose reasonable limitations on the length and number of appearances to conserve time and preclude undue repetition.
227.18(3)(d)
(d) If a record of the hearing has been made, arguments before the agency officer, board or commission shall be limited to the record of the hearing.
227.18(4)
(4) The procedures required by this section do not supersede procedures required by any statute relating to a specific agency or to the rule or class of rules under consideration.
227.18 History
History: 1985 a. 182.
227.19
227.19
Legislative review prior to promulgation. 227.19(1)(1)
Statement of purpose; rule-making powers. 227.19(1)(a)(a) Article IV of the constitution of this state vests in the legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes.
Article V of the constitution of this state charges the executive with the responsibility to expedite all measures which may be resolved upon by the legislature.
227.19(1)(b)
(b) The legislature recognizes the need for efficient administration of public policy. In creating agencies and designating their functions and purposes, the legislature may delegate rule-making authority to these agencies to facilitate administration of legislative policy. The delegation of rule-making authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the legislature reserves to itself:
227.19(1)(b)1.
1. The right to retract any delegation of rule-making authority.
227.19(1)(b)2.
2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rule-making authority.
227.19(1)(b)3.
3. The right and responsibility to designate the method for rule promulgation, review and modification.
227.19(1)(b)4.
4. The right to delay or suspend the implementation of any rule or proposed rule while under review by the legislature.
227.19(2)
(2) Notification of legislature. An agency shall submit a notice to the presiding officer of each house of the legislature when a proposed rule is in final draft form. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under
sub. (3). A notice received under this subsection on or after November 1 of an even-numbered year shall be considered received on the first day of the next regular session of the legislature. Each presiding officer shall, within 7 working days following the day on which the notice and report are received, refer them to one committee, which may be either a standing committee or a joint legislative committee created by law, except the joint committee for review of administrative rules. The agency shall submit to the revisor for publication in the register a statement that a proposed rule has been submitted to the presiding officer of each house of the legislature. Each presiding officer shall enter a similar statement in the journal of his or her house.
227.19(3)
(3) Form of report. The report required under
sub. (2) shall be in writing and shall include the proposed rule in the form specified in
s. 227.14 (1), the material specified in
s. 227.14 (2) to
(4), a copy of any recommendations of the legislative council staff and an analysis. The analysis shall include:
227.19(3)(a)
(a) A statement explaining the need for the proposed rule.
227.19(3)(b)
(b) An explanation of any modification made in the proposed rule as a result of testimony received at a public hearing.
227.19(3)(c)
(c) A list of the persons who appeared or registered for or against the proposed rule at a public hearing.
227.19(3)(d)
(d) A response to the legislative council staff recommendations under
s. 227.15 indicating:
227.19(3)(d)1.
1. Acceptance of the recommendations in whole or in part.
227.19(3)(d)2.
2. Rejection of the recommendations in whole or in part.
227.19(3)(d)3.
3. The specific reason for rejecting any recommendation.
227.19(3)(e)
(e) Except as provided under
sub. (3m), for all proposed rules that will have an effect on small businesses, as defined under
s. 227.114 (1), a final regulatory flexibility analysis, which shall contain as much information about the following as the agency can feasibly obtain and analyze with its existing staff and resources:
227.19(3)(e)1.
1. The agency's reason for including or failing to include in the proposed rule any of the methods specified under
s. 227.114 (2) for reducing its impact on small businesses.
227.19(3)(e)2.
2. A summary of issues raised by small businesses during the hearings on the proposed rule, any changes in the proposed rule as a result of alternatives suggested by small businesses and the reasons for rejecting any alternatives suggested by small businesses.
227.19(3)(e)3.
3. The nature of any reports and the estimated cost of their preparation by small businesses that must comply with the rule.
227.19(3)(e)4.
4. The nature and estimated cost of other measures and investments that will be required of small businesses in complying with the rule.
227.19(3)(e)5.
5. The additional cost, if any, to the agency of administering or enforcing a rule which includes any of the methods specified under
s. 227.114 (2).
227.19(3)(e)6.
6. The impact on public health, safety and welfare, if any, caused by including in the rule any of the methods specified under
s. 227.114 (2).
227.19(3m)
(3m) Analysis not required. The final regulatory flexibility analysis specified under
sub. (3) (e) is not required for any rule if the agency, after complying with
s. 227.114 (1) to
(5), determines that the rule will not have a significant economic impact on a substantial number of small businesses.
227.19(4)(a)(a)
Notice of referral. Upon receipt of notice that a proposed rule has been referred to a committee under
sub. (2), the chairperson or chairpersons of the committee shall notify, in writing, each committee member of the referral.
227.19(4)(am)
(am)
Committee meeting. A committee may be convened upon the call of its chairperson or cochairpersons to review a proposed rule. A committee may meet separately or jointly with the other committee to which the notice and report were referred. A committee may hold a public hearing to review a proposed rule.
227.19(4)(b)1.1. Except as provided under
subd. 5., the committee review period for each committee extends for 30 days after referral under
sub. (2). If the chairperson or the cochairpersons of a committee take either of the following actions within the 30-day period, the committee review period for that committee is continued for 30 days from the date the first action is taken:
227.19(4)(b)1.a.
a. Request in writing that the agency meet with the committee to review the proposed rule. The continuation of the review period begins on the date the request is sent to the agency.
227.19(4)(b)1.b.
b. Publish or post notice that the committee will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency. The continuation of the review period begins on the date the notice is published or posted, whichever is earlier.
227.19(4)(b)2.
2. If a committee, by a majority vote of a quorum of the committee, recommends modifications in a proposed rule, and the agency, in writing, agrees to make modifications, the review period for both committees is extended either to the 10th working day following receipt by the committees of the modified proposed rule or to the expiration of the review period under
subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.
227.19(4)(b)3.
3. An agency may, on its own initiative, submit a germane modification to a proposed rule to a committee during its review period. If a germane modification is submitted within the final 10 days of a committee review period, the review period for both committees is extended for 10 working days. If a germane modification is submitted to a committee after the committee in the other house has concluded its jurisdiction over the proposed rule, the jurisdiction of the committee of the other house is revived for 10 working days. In this subdivision, an agency's proposal to delete part of a proposed rule under committee review shall be treated as a germane modification of the proposed rule.
227.19(4)(b)4.
4. An agency may modify a proposed rule following the committee review period if the modification is germane to the subject matter of the proposed rule. If a germane modification is made, the agency shall recall the proposed rule from the chief clerk of each house of the legislature. The proposed rule, with the germane modification, shall be resubmitted to the presiding officer in each house of the legislature as provided in
sub. (2) and the committee review period shall begin again. Following the committee review period, an agency may not make any modification that is not germane to the subject matter of the proposed rule. In this subdivision, an agency's proposal to delete part of a proposed rule under committee review shall be treated as a germane modification of the proposed rule.
227.19(4)(b)5.
5. If a committee in one house votes to object to a proposed rule under
par. (d), the chairperson or cochairpersons of the committee shall immediately notify the chairperson or cochairpersons of the committee to which the proposed rule was referred in the other house. Upon receipt of the notice, the review period for the committee in the other house immediately ceases and no further action on the proposed rule may be taken under this paragraph, but the committee may proceed under
par. (d) to object to the proposed rule.
227.19(4)(b)6.
6. If a committee has not concluded its jurisdiction over a proposed rule before the day specified under
s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 7 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the appropriate standing committee or joint legislative committee created by law, except the joint committee for review of administrative rules, as provided under
sub. (2). The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the committee to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.
227.19(4)(c)
(c)
Agency not to promulgate rule during committee review. An agency may not promulgate a proposed rule during the committee review period unless both committees waive jurisdiction over the proposed rule prior to the expiration of the review period. A committee may waive its jurisdiction by adopting, by a majority vote of a quorum of the committee, a motion waiving the committee's jurisdiction. The committee shall report its action in writing to the joint committee for review of administrative rules within 2 working days after the waiver action.
227.19(4)(d)
(d)
Committee action. A committee, by a majority vote of a quorum of the committee during the review period under
par. (b), may object to a proposed rule for one or more of the following reasons:
227.19(4)(d)2.
2. An emergency relating to public health, safety or welfare.
227.19(4)(d)5.
5. A change in circumstances since enactment of the earliest law upon which the proposed rule is based.
227.19(4)(d)6.
6. Arbitrariness and capriciousness, or imposition of an undue hardship.
227.19(4)(e)
(e)
Part of a proposed rule. An agency may promulgate any part of a proposed rule which is not objected to by a committee.
227.19(5)
(5) Joint committee for review of administrative rules. 227.19(5)(a)(a)
Referral. If a committee objects to a proposed rule, the committee shall report the proposed rule and the objection to the presiding officer of the appropriate house within 2 working days after making the objection. The presiding officer shall refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.
227.19(5)(b)1.1. The review period for the joint committee for review of administrative rules extends for 30 days after a proposed rule and objection are referred to it. The joint committee for review of administrative rules shall meet and take action in executive session during that period, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date the first action is taken:
227.19(5)(b)1.a.
a. Request in writing that the agency meet with the joint committee for review of administrative rules to review the proposed rule. The continuation of the review period begins on the date the request is sent to the agency.
227.19(5)(b)1.b.
b. Publish or post notice that the joint committee for review of administrative rules will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency. The continuation of the review period begins on the date the notice is published or posted, whichever is earlier.
227.19(5)(b)2.
2. If the joint committee for review of administrative rules, by a majority vote of a quorum of the committee, recommends modifications in a proposed rule, and the agency, in writing, agrees to make modifications, the review period for the joint committee for review of administrative rules is extended either to the 10th working day following receipt by the joint committee of the modified proposed rule or to the expiration of the review period under
subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.
227.19(5)(b)3.
3. If both committees object to a proposed rule, each objection has a separate review period beginning on the date of its receipt.
227.19(5)(b)4.
4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day specified under
s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 7 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the joint committee for review of administrative rules. The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the joint committee for review of administrative rules to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.
227.19(5)(c)
(c)
Agency not to promulgate rule during joint committee review. An agency may not promulgate a proposed rule to which a committee has objected unless the joint committee for review of administrative rules, under
par. (d), nonconcurs in the action of the committee, or until a bill introduced under
par. (e) fails to be enacted. An agency may promulgate any part of a proposed rule to which no objection has been made.
227.19(5)(d)
(d)
Joint committee action. The joint committee for review of administrative rules may nonconcur in a committee's objection to a proposed rule by voting to nonconcur during the review period under
par. (b). If the joint committee for review of administrative rules objects to a proposed rule, an agency may not promulgate the proposed rule until a bill introduced under
par. (e) fails to be enacted. The joint committee for review of administrative rules may object to a proposed rule only for one or more of the reasons specified under
sub. (4) (d).
227.19(5)(e)
(e)
Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule it shall, within 30 days of the date of the objection, introduce in each house of the legislature, for consideration at any regular session, a bill to support the objection. Within 10 working days after introduction, the presiding officer of each house of the legislature shall refer the bill to the appropriate standing committee.
227.19(5)(f)
(f)
Timely introduction of bills; effect. If both bills required under
par. (e) are defeated, or fail to be enacted in any other manner, the agency may promulgate the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule that was objected to unless a subsequent law specifically authorizes its promulgation. This paragraph applies to bills introduced on or after the day specified under
s. 13.02 (1) for the legislature to convene and before February 1 of an even-numbered year.
227.19(5)(g)
(g)
Late introduction of bills; effect. If the bills required under
par. (e) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under
s. 13.02 (2), the joint committee for review of administrative rules shall reintroduce the bills on the first day of the next regular session of the legislature, unless either house adversely disposes of either bill. If the joint committee for review of administrative rules is required to reintroduce the bills, the agency may not promulgate the proposed rule to which the bills pertain except as provided in
par. (f). If either house adversely disposes of either bill, the agency may promulgate the proposed rule that was objected to. In this paragraph, "adversely disposes of" means that one house has voted in one of the following ways:
227.19(6)
(6) Promulgation prevention procedure. 227.19(6)(a)(a) The legislature may not consider a bill required by
sub. (5) (e) until the joint committee for review of administrative rules has submitted a written report on the bill. The report shall be printed as an appendix to each bill and shall contain:
227.19(6)(a)1.
1. An explanation of the issue involving the proposed rule objected to and the factual situation out of which the issue arose.
227.19(6)(a)2.
2. Arguments presented for and against the proposed rule at the executive session held under
sub. (5) (b).
227.19(6)(a)3.
3. A statement of the action taken by the joint committee for review of administrative rules regarding the proposed rule.
227.19(6)(a)4.
4. A statement and analysis of the grounds upon which the joint committee for review of administrative rules relies for objecting to the proposed rule.
227.19(6)(b)
(b) Upon introduction of the bills under
sub. (5), the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this section which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this section.
227.19(7)
(7) Nonapplication. This section does not apply to rules promulgated under
s. 227.24.
227.19 Annotation
Rule-making procedure discussed. Wis. Tel. Ass'n. v. Public Service Comm. 105 W (2d) 601, 314 NW (2d) 873 (Ct. App. 1981).
227.20
227.20
Filing of rules. 227.20(1)(1) An agency shall file a certified copy of each rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.
227.20(2)
(2) The secretary of state shall endorse the date and the time of filing on each certified copy filed under
sub. (1). The secretary of state shall keep a file of all certified copies filed under
sub. (1).
227.20(3)
(3) Filing a certified copy of a rule with the secretary of state creates a presumption of all of the following:
227.20(3)(a)
(a) That the rule was duly promulgated by the agency.
227.20(3)(b)
(b) That the rule was filed and made available for public inspection on the date and time endorsed on it.
