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)
Submittal 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.
227.15(7)
(7) Rules procedures manual. The legislative council staff and the revisor's bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules.
227.16
227.16
When hearings required. 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 a proposed rule after notice was published did not so alter the scope of the proposed rule as to require a second hearing. Brown County v. DHSS,
103 Wis. 2d 37,
307 N.W.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.
