227.115
227.115
Review of rules affecting housing. 227.115(1)(a)
(a) "Department" means the department of administration.
227.115(2)
(2) Report on rules affecting housing. If a proposed rule directly or substantially affects the development, construction, cost or availability of housing in this state, the department, through the division of housing, shall prepare a report on the proposed rule before it is submitted to the legislative council staff under
s. 227.15. The department may request any information from other state agencies, local governments or individuals or organizations that is reasonably necessary for the department to prepare the report. The department shall prepare the report within 30 days after the rule is submitted to the department.
227.115(3)
(3) Findings of the department to be contained in the report. 227.115(3)(a)(a) The report of the department shall contain information about the effect of the proposed rule on housing in this state, including information on the effect of the proposed rule on all of the following:
227.115(3)(a)1.
1. The policies, strategies and recommendations of the state housing strategy plan.
227.115(3)(a)2.
2. The cost of constructing, rehabilitating, improving or maintaining single family or multifamily dwellings.
227.115(3)(a)4.
4. The cost and availability of financing to purchase or develop housing.
227.115(3)(b)
(b) The report shall analyze the relative impact of the effects of the proposed rule on low- and moderate-income households.
227.115(4)
(4) Applicability. This section does not apply to emergency rules promulgated under
s. 227.24.
227.115(5)
(5) Rule-making authority. The department may promulgate any rules necessary for the administration of this section.
227.115 History
History: 1995 a. 308 227.116
227.116
Rules to include time period. 227.116(1)
(1) Each proposed rule submitted to the legislative council under
s. 227.15 that includes a requirement for a business to obtain a permit, as defined in
s. 560.41 (2), shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.
227.116(2)
(2) If any existing rule does not comply with
sub. (1), the agency that promulgated the rule shall submit to the legislative council a proposed revision of the rule that will bring the rule into compliance with
sub. (1). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.
227.116(3)
(3) Subsections (1) and
(2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.
227.116(4)
(4) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the business development assistance center within 5 business days of the last day of the time period specified, setting forth all of the following:
227.116(4)(a)
(a) The name of the person who submitted the permit application and the business activity for which the permit is required.
227.116(4)(b)
(b) Why the review and determination were not completed within the specified time period and a specification of the revised time period within which the review and determination will be completed.
227.116(4)(c)
(c) How the agency intends to avoid such failures in the future.
227.116(5)
(5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the business development assistance center.
227.116(6)(a)(a) An agency's failure to review and make a determination on a permit application within the time period specified in a rule or law does not relieve any person from the obligation to secure a required permit nor affect in any way the agency's authority to interpret the requirements of or grant or deny permits.
227.116(6)(b)
(b) If a court finds that an agency failed to review and make a determination on a permit application within the time period specified in a rule or law, that finding shall not constitute grounds for declaring the agency's determination invalid.
227.12
227.12
Petition for rules. 227.12(1)(1) Unless the right to petition for a rule is restricted by statute to a designated group or unless the form of procedure for a petition is otherwise prescribed by statute, a municipality, an association which is representative of a farm, labor, business or professional group, or any 5 or more persons having an interest in a rule may petition an agency requesting it to promulgate a rule.
227.12(2)
(2) A petition shall state clearly and concisely:
227.12(2)(a)
(a) The substance or nature of the rule making requested.
227.12(2)(b)
(b) The reason for the request and the petitioners' interest in the requested rule.
227.12(2)(c)
(c) A reference to the agency's authority to promulgate the requested rule.
227.12(3)
(3) Within a reasonable period of time after the receipt of a petition under this section, an agency shall either deny the petition in writing or proceed with the requested rule making. If the agency denies the petition, it shall promptly notify the petitioner of the denial, including a brief statement of the reason for the denial. If the agency proceeds with the requested rule making, it shall follow the procedures prescribed in this subchapter.
227.12 History
History: 1985 a. 182.
227.13
227.13
Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency also may appoint a committee of experts, interested persons or representatives of the public to advise it with respect to any contemplated rule making. The committee shall have advisory powers only.
227.13 History
History: 1985 a. 182.
227.135
227.135
Statements of scope of proposed rules. 227.135(1)(1) An agency shall prepare a statement of the scope of any rule that it plans to promulgate. The statement shall include all of the following:
227.135(1)(b)
(b) A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
227.135(1)(d)
(d) Estimates of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule.
227.135(2)
(2) Until the individual or body with policy-making powers over the subject matter of a proposed rule approves a statement of the scope of the proposed rule, a state employee or official may not perform any activity in connection with drafting the proposed rule except for an activity necessary to prepare the statement of the scope of the proposed rule. If the individual or body with policy-making powers over the subject matter of a proposed rule does not disapprove the statement of the scope of the proposed rule within 30 days after the statement is presented to the individual or body, the statement is considered to be approved.
227.135(3)
(3) The agency shall send the statement of the scope of a proposed rule to the revisor for publication in the register. On the same day that the agency sends the statement to the revisor, the agency shall send a copy of the statement to the secretary of administration. The individual or body with policy-making powers over the subject matter of a proposed rule may not take action on a statement of the scope of the proposed rule until at least 10 days after publication of the statement in the register.
227.135(4)
(4) This section does not apply to emergency rules.
227.135 History
History: 1995 a. 106.
227.14
227.14
Preparation of proposed rules. 227.14(1)
(1)
Form and style. In preparing a proposed rule, an agency shall adhere substantially to the form and style used by the legislative reference bureau in the preparation of bill drafts and the form and style specified in the manual prepared by the legislative council staff and the revisor under
s. 227.15 (7). To the greatest extent possible, an agency shall prepare proposed rules in plain language which can be easily understood.
227.14(1m)
(1m) Exception; preparation of certain environmental rules based on federal regulations. 227.14(1m)(a)(a) Notwithstanding
sub. (1), an agency may use the format of federal regulations published in the code of federal regulations in preparing a proposed rule for publication or distribution and in preparing a proposed rule for filing if the agency determines that all or part of a state environmental regulatory program is to be administered according to standards, requirements or methods which are identical to standards, requirements or methods specified for all or part of a federal environmental regulatory program.
227.14(1m)(b)
(b) Notwithstanding
sub. (1), an agency may use the format of federal regulations published in the code of federal regulations in preparing a proposed rule for publication or distribution and in preparing a proposed rule for filing if the agency determines that all or part of a state environmental regulatory program is to be administered according to standards, requirements or methods which are similar to standards, requirements or methods specified for all or part of a federal environmental regulatory program.
227.14(1s)
(1s) Exception; preparation of certain rules based on federal food code. Notwithstanding
sub. (1), if the department of agriculture, trade and consumer protection or the department of health and family services prepares a proposed rule based on the model food code published by the federal food and drug administration, the proposed rule may be in the format of the model food code.
227.14(2)(a)(a) An agency shall prepare in plain language an analysis of each proposed rule, which shall be printed with the proposed rule when it is published or distributed. The analysis shall include a reference to each statute that the proposed rule interprets, each statute that authorizes its promulgation, each related statute or related rule and a brief summary of the proposed rule.
227.14(2)(b)
(b) If the proposed rule is prepared in the format authorized under
sub. (1m), the analysis shall include a reference to the federal regulation upon which it is based. If the proposed rule is prepared in the format authorized under
sub. (1m) but differs from the federal regulation as permitted under
sub. (1m) (b), the analysis shall specify each portion of the proposed rule that differs from the federal regulation upon which it is based.
227.14(3)
(3) Reference to applicable forms. If a proposed rule requires a new or revised form, an agency shall include a reference to the form in a note to the proposed rule and shall attach to the proposed rule a copy of the form or a description of how a copy may be obtained. The revisor shall insert the reference in the code as a note to the rule.
227.14(4)(a)(a) An agency shall prepare a fiscal estimate for each proposed rule before it is submitted to the legislative council staff under
s. 227.15.
227.14(4)(b)
(b) The fiscal estimate shall include the major assumptions used in its preparation and a reliable estimate of the fiscal impact of the proposed rule, including:
227.14(4)(b)1.
1. The anticipated effect on county, city, village, town, school district, technical college district and sewerage district fiscal liabilities and revenues.
227.14(4)(b)2.
2. A projection of the anticipated state fiscal effect during the current biennium and a projection of the net annualized fiscal impact on state funds.
227.14(4)(c)
(c) If a proposed rule interpreting or implementing a statute has no independent fiscal effect, the fiscal estimate prepared under this subsection shall be based on the fiscal effect of the statute.
227.14(4)(d)
(d) If a proposed rule is revised so that its fiscal effect is significantly changed prior to its issuance, an agency shall prepare a revised fiscal estimate before promulgating the rule. The agency shall give notice of a revised fiscal estimate in the same manner that notice of the original estimate is given.
227.14(4m)
(4m) Notice of submittal to joint legislative council staff. On the same day that an agency submits a proposed rule to the joint legislative council staff under
s. 227.15, the agency shall prepare a written notice of the agency's submittal to the joint legislative council staff. The notice shall include a statement of the date on which the proposed rule has been submitted to the joint legislative council staff for review, of the subject matter of the proposed rule and of whether a public hearing on the proposed rule is required, and shall identify the organizational unit within the agency that is primarily responsible for the promulgation of the rule. The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule. The agency shall send the notice to the revisor for publication in the register. On the same day that the agency sends the notice to the revisor, the agency shall send a copy of the notice to the secretary of administration.
227.14(5)
(5) Copies available to the public at no cost. An agency, upon request, shall make available to the public at no cost a copy of any proposed rule, including the analysis, fiscal estimate and any related form.
227.14(6)(a)(a) Notwithstanding
s. 227.01 (10), in this subsection, "proposed rule" means all of the agency's proposal to promulgate a rule.
227.14(6)(b)
(b) An agency may withdraw a proposed rule at any time prior to filing under
s. 227.20 by notifying the presiding officer of each house of the legislature and the legislative council staff of its intention not to promulgate the proposed rule.
227.14(6)(c)
(c) A proposed rule shall be considered withdrawn on December 31 of the 4th year after the year in which it is submitted to the legislative council staff under
s. 227.15 (1), unless it has been filed in the office of the revisor under
s. 227.20 (1) or withdrawn by the agency before that date. No action by a legislative committee or by either house of the legislature under
s. 227.19 delays the date of withdrawal of a proposed rule under this paragraph.
227.15
227.15
Legislative council staff. 227.15(1)
(1)
Submission to legislative council staff. Prior to a public hearing on a proposed rule or, if no public hearing is required, prior to notice under
s. 227.19, an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under
s. 227.14 (1), and shall include the material required under
s. 227.14 (2) to
(4). An agency may not hold a public hearing on a proposed rule or give notice under
s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under
sub. (2) (intro.), whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under
s. 227.24.
227.15(2)
(2) Role of legislative council staff. The legislative council staff shall, within 20 working days following receipt of a proposed rule, review the proposed rule in accordance with this subsection. With the consent of the director of the legislative council staff, the review period may be extended for an additional 20 working days. The legislative council staff shall act as a clearinghouse for rule drafting and cooperate with the agency and the revisor to:
227.15(2)(a)
(a) Review the statutory authority under which the agency intends to promulgate the proposed rule.
227.15(2)(b)
(b) Ensure that the promulgation procedures required by this chapter are followed.
227.15(2)(c)
(c) Review proposed rules for form, style and placement in the code.
227.15(2)(d)
(d) Review proposed rules to avoid conflict with or duplication of existing rules.
227.15(2)(e)
(e) Review proposed rules for adequate references to related statutes, rules and forms.
227.15(2)(f)
(f) Review proposed rules for clarity, grammar, punctuation and use of plain language.
227.15(2)(g)
(g) Review proposed rules to determine potential conflicts and to make comparisons with related federal statutes and regulations.
227.15(2)(i)
(i) Streamline and simplify the rule-making process.
227.15(3)
(3) Assistance to committees. The legislative council staff shall work with and assist the appropriate committees of the legislature during the rule-making process. The legislative council staff may include in its report recommendations concerning proposed rules which the agency shall submit with the notice required under
s. 227.19 (2).
227.15(4)
(4) Notice of changes in rule-making authority. Whenever the rule-making authority of an agency is eliminated or significantly changed by the repeal, amendment or creation of a statute, by the interpretive decision of a court of competent jurisdiction or for any other reason, the legislative council staff shall notify the joint committee for review of administrative rules and the appropriate committees of each house of the legislature as determined by the presiding officer of each house. This subsection applies whether or not the rules of the agency are under review by the legislative council staff at the time of the change in rule-making authority.
227.15(5)
(5) Annual report. The legislative council staff shall submit an annual report to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), and to the governor summarizing any action taken and making recommendations to streamline the rule-making process and eliminate obsolete, duplicative and conflicting rules.
227.15(6)
(6) Public liaison. The legislative council staff shall assist the public in resolving problems related to rules. The assistance shall include but is not limited to providing information, identifying agency personnel who may be contacted in relation to rule-making functions, describing the location where a copy of a rule, proposed rule or form is available and encouraging and assisting participation in the rule-making process.
