227.16(1)
(1) Except as provided under
sub. (2), all rule making by an agency shall be preceded by notice and public hearing as provided in
ss. 227.17 and
227.18.
227.16(2)
(2) Subsection (1) does not apply if any of the following conditions exist:
227.16(2)(b)
(b) The proposed rule brings an existing rule into conformity with a statute that has been changed or enacted or with a controlling judicial decision.
227.16(2)(d)
(d) The proposed rule is being promulgated at the direction of the joint committee for review of administrative rules under
s. 227.26 (2) (b).
227.16(2)(e)
(e) The proposed rule and the fiscal estimate required under
s. 227.14 (4) are published in the notice section of the register with a statement that the proposed rule will be promulgated without public hearing unless a petition is received by the agency within 30 days after publication of the notice, signed by any of the following:
227.16(2)(e)1.
1. Twenty-five natural persons who will be affected by the proposed rule.
227.16(2)(e)2.
2. A municipality that will be affected by the proposed rule.
227.16(2)(e)3.
3. An association which is representative of a farm, labor, business or professional group that will be affected by the proposed rule.
227.16(3)
(3) If the agency receives a petition under
sub. (2) (e), it may not proceed with the proposed rule until after it has given notice and held a public hearing under
ss. 227.17 and
227.18.
227.16(4)
(4) The exemptions in
sub. (2) do not apply if another statute specifically requires the agency to hold a hearing prior to promulgating the proposed rule under consideration.
227.16(5)
(5) If a hearing is not required because of an exemption under
sub. (2), the agency may hold a hearing on the proposed rule under
ss. 227.17 and
227.18.
227.16(6)
(6) For the purpose of soliciting public comment, an agency may hold a hearing on the general subject matter of possible or anticipated rules before preparing a proposed rule in draft form. A hearing held under this subsection does not satisfy the requirement of
sub. (1) with respect to the promulgation of a specific proposed rule.
227.16 History
History: 1985 a. 182;
1995 a. 106.
227.17
227.17
Notice of hearing. 227.17(1)(1) If a hearing is required, the agency shall:
227.17(1)(a)
(a) Send written notice of the hearing to the revisor for publication in the register and, if required, publish the notice in a local newspaper.
227.17(1)(b)
(b) Send written notice of the hearing to each member of the legislature who has filed a written request for notice with the revisor. Upon request, the revisor shall furnish an agency with the name and address of each legislator who has requested notice.
227.17(1)(bm)
(bm) Send written notice of the hearing to the secretary of administration on the same day that the notice is sent to the revisor under
par. (a).
227.17(1)(c)
(c) Take any action it considers necessary to provide notice to other interested persons.
227.17(2)
(2) The notice under
sub. (1) shall be given at least 10 days prior to the date set for a hearing. Notice through the register is considered to have been given on the first or 15th day of the month following publication or, if applicable, on the date prescribed under
s. 227.22 (4).
227.17(2m)
(2m) The notice under
sub. (1) shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule.
227.17(3)(a)
(a) A statement of the date, time and place of the hearing.
227.17(3)(b)
(b) Either the text of the proposed rule in the form specified in
s. 227.14 (1), or an informative summary of the effect of the proposed rule. If the agency chooses to publish an informative summary rather than the full text of a proposed rule, the notice shall include a description of how a copy of the text may be obtained from the agency at no charge.
227.17(3)(c)
(c) A reference to the statutory authority under which the agency proposes to promulgate the proposed rule and to any statute which the proposed rule interprets.
227.17(3)(e)
(e) The fiscal estimate required under
s. 227.14 (4), or a summary of the fiscal estimate and a description of how a copy of the full fiscal estimate may be obtained from the agency at no charge.
227.17(3)(f)
(f) If the proposed rule will have an effect on small businesses, as defined under
s. 227.114 (1), an initial regulatory flexibility analysis, which shall contain a description of the types of small businesses that will be affected by the rule, a brief description of the proposed reporting, bookkeeping and other procedures required for compliance with the rule and a description of the types of professional skills necessary for compliance with the rule.
227.17(4)
(4) An agency may modify a proposed rule prior to a hearing without providing additional notice under this section if the modification is germane to the subject matter of the proposed rule. In this subsection, an agency's proposal to delete part of a proposed rule for which notice was given under
sub. (1) shall be treated as a germane modification of the proposed rule.
227.17(5)
(5) Failure of any person to receive notice of a hearing on proposed rule making is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in
sub. (1) (a).
227.17 Annotation
Changes in proposed rule after notice was published did not so alter scope of proposed rule as to require second hearing. Brown County v. HSS Dept. 103 W (2d) 37, 307 NW (2d) 247 (1981).
227.18
227.18
Conduct of hearings. 227.18(1)(1) An agency shall hold a public hearing at the date, time and place designated in the notice of hearing. The person conducting the hearing shall:
227.18(1)(a)
(a) Explain the purpose of the hearing and describe how testimony will be received.
227.18(1)(b)
(b) At the beginning of the hearing, present a summary of the factual information on which the proposed rule is based, including any information obtained from an advisory committee, informal conference or consultation.
227.18(1)(c)
(c) Afford each interested person or a representative the opportunity to present facts, opinions or arguments in writing, whether or not there is an opportunity to present them orally.
227.18(1)(d)
(d) Keep a record of the hearing in a manner the agency considers desirable and feasible.
227.18(2)
(2) The person conducting the hearing may:
227.18(2)(a)
(a) Limit oral presentations if the hearing would be unduly lengthened by repetitious testimony.
227.18(2)(b)
(b) Question or allow others present to question the persons appearing.
227.18(2)(c)
(c) Administer an oath or affirmation to any person appearing.
227.18(2)(d)
(d) Continue or postpone the hearing to a specified date, time and place.
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.
