227.01(2)
(2) "Code", when used without further modification, means the Wisconsin administrative code under
s. 35.93.
227.01(3)
(3) "Contested case" means an agency proceeding in which the assertion by one party of any substantial interest is denied or controverted by another party and in which, after a hearing required by law, a substantial interest of a party is determined or adversely affected by a decision or order. There are 3 classes of contested cases as follows:
227.01(3)(a)
(a) A "class 1 proceeding" is a proceeding in which an agency acts under standards conferring substantial discretionary authority upon it. "Class 1 proceedings" include rate making, price setting, the granting of a certificate of convenience and necessity, the making, review or equalization of tax assessments and the granting or denial of a license.
227.01(3)(b)
(b) A "class 2 proceeding" is a proceeding in which an agency determines whether to impose a sanction or penalty against a party. "Class 2 proceedings" include the suspension or revocation of or refusal to renew a license because of an alleged violation of law. Any proceeding which could be construed to be both a class 1 and a class 2 proceeding shall be treated as a class 2 proceeding.
227.01(3)(c)
(c) A "class 3 proceeding" is any contested case not included in class 1 or class 2.
227.01(5)
(5) "License" includes all or any part of an agency permit, certificate, approval, registration, charter or similar form of permission required by law, except a motor vehicle operator's license issued under
ch. 343, a vehicle registration certificate issued under
ch. 341, a license required primarily for revenue purposes, a hunting or fishing approval or a similar license where issuance is merely a ministerial act.
227.01(6)
(6) "Licensing" means an agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
227.01(7)
(7) "Official of the agency" means a secretary, commissioner or member of a board of an agency.
227.01(8)
(8) "Party" means a person or agency named or admitted as a party in a contested case.
227.01(9)
(9) "Person aggrieved" means a person or agency whose substantial interests are adversely affected by a determination of an agency.
227.01(10)
(10) "Proposed rule" means all or any part of an agency's proposal to promulgate a rule.
227.01(11)
(11) "Register" means the Wisconsin administrative register under
s. 35.93.
227.01(12)
(12) "Revisor" means the revisor of statutes.
227.01(13)
(13) "Rule" means a regulation, standard, statement of policy or general order of general application which has the effect of law and which is issued by an agency to implement, interpret or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" does not include, and
s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:
227.01(13)(a)
(a) Concerns the internal management of an agency and does not affect private rights or interests.
227.01(13)(c)
(c) Is an order directed to a specifically named person or to a group of specifically named persons that does not constitute a general class, and which is served on the person or persons to whom it is directed by the appropriate means applicable to the order. The fact that a named person serves a group of unnamed persons that will also be affected does not make an order a rule.
227.01(13)(d)
(d) Relates to the use of highways and is made known to the public by means of signs or signals.
227.01(13)(f)
(f) Relates to the curriculum of, admission to or graduation from a public educational institution, as determined by each institution.
227.01(13)(g)
(g) Relates to the use of facilities of a public library.
227.01(13)(j)
(j) Relates to the form and content of reports, records or accounts of a state, county or municipal officer, institution or agency.
227.01(13)(k)
(k) Relates to expenditures by a state agency, the purchase of materials, equipment or supplies by or for a state agency, or printing or duplicating of materials for a state agency.
227.01(13)(L)
(L) Establishes personnel standards, job classifications or salary ranges for state, county or municipal employees in the classified civil service.
227.01(13)(n)
(n) Fixes or approves rates, prices or charges, unless a statute specifically requires them to be fixed or approved by rule.
227.01(13)(o)
(o) Determines the valuation of securities held by an insurer.
227.01(13)(p)
(p) Is a statistical plan relating to the administration of rate regulation laws under
ch. 625 or
626.
227.01(13)(q)
(q) Is a form the content or substantive requirements of which are prescribed by a rule or a statute.
227.01(13)(r)
(r) Is a pamphlet or other explanatory material that is not intended or designed as interpretation of legislation enforced or administered by an agency, but which is merely informational in nature.
227.01(13)(s)
(s) Prescribes or relates to a uniform system of accounts for any person, including a municipality, that is regulated by the office of the commissioner of railroads or the public service commission.
227.01(13)(u)
(u) Relates to computing or publishing the number of nursing home beds to be added in each health planning area under
s. 150.33 (1).
227.01(13)(y)
(y) Prescribes measures to minimize the adverse environmental impact of bridge and highway construction and maintenance.
227.01(13)(za)
(za) Is a manual prepared under
s. 227.15 (7) to provide agencies with information on drafting, promulgation and legislative review of rules.
227.01(13)(zb)
(zb) Establishes a list of substances in groundwater and their categories under
s. 160.05.
227.01(13)(zf)
(zf) Establishes the list of properties on the state register of historic places under
s. 44.36 or the list of locally designated historic places under
s. 44.45.
227.01(13)(zn)
(zn) Establishes criteria and standards for certifying instructors for the trapper education program.
227.01 History
History: 1985 a. 182;
1987 a. 27,
119,
395,
399,
403;
1989 a. 31,
56,
335,
341;
1991 a. 39,
254,
269,
309,
315;
1993 a. 16,
123,
237,
349,
364,
419,
442,
481,
491;
1995 a. 27,
215,
227,
289,
363;
1997 a. 27,
35,
231,
237;
1999 a. 9,
70;
1999 a. 150 s.
672;
1999 a. 167;
2001 a. 38,
109;
2003 a. 33 ss.
2364,
2813.
227.01 Annotation
A proceeding for the incorporation of a village is not a "contested case" under sub. (3). Westring v. James,
71 Wis. 2d 462,
238 N.W.2d 695 (1976).
227.01 Annotation
A flood plain zoning ordinance adopted by the DNR under s. 87.30 (1) was a "rule" under s. 227.01. Citizens for Sensible Zoning, Inc. v. DNR,
90 Wis. 2d 804,
280 N.W.2d 702 (1979).
227.01 Annotation
A rule: 1) is a regulation, standard, statement of policy, or general order; 2) is of general application; 3) has the effect of law; 4) is issued by an agency; 5) is to implement, interpret, or make specific legislation administered by the agency. The terms "rule" and "order" are mutually exclusive. Wis. Elec. Power Co. v. DNR,
93 Wis. 2d 222,
287 N.W.2d 113 (1980).
227.01 Annotation
Principles of statutory construction apply to the construction of rules. Law Enforcement Standards Board v. Lyndon Station,
101 Wis. 2d 472,
305 N.W.2d 89 (1981).
227.01 Annotation
School boards are not "boards" under sub. (1). Racine Unified School District v. Thompson,
107 Wis. 2d 657,
321 N.W.2d 334 (Ct. App. 1982).
227.01 Annotation
When a fundamental and well-defined public policy is evidenced by a rule, a discharge from employment for refusal to violate that rule is actionable. Winkelman v. Beloit Memorial Hospital,
168 Wis. 2d 12,
483 N.W.2d 211 (1992).
227.01 Annotation
The definition of "rule" under sub. (13) is applied. Plumbing Apprenticeship Committee v. DILHR,
172 Wis. 2d 299,
493 N.W.2d 744 (Ct. App. 1992).
227.01 Annotation
Materials developed by an agency as a reference aid for its staff that are`couched in terms of advice and guidelines rather than setting forth law-like pronouncements are not a rule within the meaning of sub. (13) because they are not intended to have the effect of law. Chenequa Land Conservancy, Inc. v. Village of Hartland, 2004 WI App 144, ___ Wis. 2d ___, ___ N.W.2d ___,
03-2486.
227.01 Annotation
Agencies are subject to rule-making procedures in making discretionary choices even if those choices are based on opinions of the attorney general. Rule-making procedures do not apply if the opinion describes what a law mandates. 68 Atty. Gen. 363.
227.02
227.02
Compliance with other statutes. Compliance with this chapter does not eliminate the necessity of complying with a procedure required by another statute.
227.02 History
History: 1985 a. 182.
227.02 Annotation
Chapter 227 contemplates the limited use of civil procedure statutes that do not conflict with ch. 227. Wagner v. State Medical Examining Board,
181 Wis. 2d 633,
511 N.W.2d 874 (1994).
227.03
227.03
Application of this chapter. 227.03(3)
(3) Any provision of
s. 227.42,
227.44 or
227.49 that is inconsistent with a requirement of title 45 of the code of federal regulations does not apply to hearings held under
ch. 49.
227.03(3m)(a)(a) This chapter does not apply to proceedings before the department of workforce development relating to housing discrimination under
s. 106.50, except as provided in
s. 106.50 (6).
227.03(3m)(b)
(b) Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under
s. 106.52.
227.03(4)
(4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under
s. 48.366 (5) or
938.357 (5), the revocation of parole, extended supervision or probation, the grant of probation, prison discipline, mandatory release under
s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.
227.03(4m)
(4m) Subchapter III does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under
s. 49.857.
227.03(6)
(6) Orders of the elections board under
s. 5.06 (6) are not subject to this chapter.
