227.114(6m)(b)
(b) A small business may commence an action against an agency for injunctive relief to prevent the imposition of a penalty if the small business is subject to the penalty as the result of any of the following:
227.114(6m)(b)1.
1. The small business acted or failed to act due to the failure by the agency's employee, officer, or agent with regulatory responsibility for that legal requirement to respond to a specific question in a reasonable time.
227.114(6m)(b)2.
2. The small business acted or failed to act in response to inaccurate advice given to the small business by the agency's employee, officer, or agent with regulatory responsibility for that legal requirement.
227.114(6m)(c)
(c) The small business may commence the action in the circuit court for the county where the property affected is located or, if no property is affected, in the circuit court for the county where the dispute arose.
227.114(6m)(d)
(d) The circuit court may issue an order enjoining the imposition of the penalty if the court determines that
par. (b) 1. or
2. applies.
227.114(7)
(7) Each agency shall, during the 5-year period beginning with January 1, 1984, review the current rules of the agency that were in effect prior to that date and shall consider methods of reducing their impact on small businesses as provided under
sub. (2). If any method appears feasible, the agency shall propose an amendment to the rule. No review is necessary for any rule that is repealed during the 5-year period.
227.114(7m)
(7m) The agency shall designate a small business regulatory coordinator to act as a contact person for small business regulatory issues and shall publicize that person's electronic mail address and telephone number.
227.114(8)(b)
(b) Rules that do not affect small businesses directly, including, but not limited to, rules relating to county or municipal administration of state and federal programs.
227.115
227.115
Review of rules affecting housing. 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;
2003 a. 33.
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.
227.117
227.117
Review of rules impacting energy availability. 227.117(1)(1) The public service commission shall prepare an energy impact report on any proposed rule if, not later than 30 days after the public hearing under
s. 227.18, the chairperson or ranking minority member of a standing committee, the speaker of the assembly, or the presiding officer of the senate requests in writing that the commission determine the rule's impact on the cost or reliability of electricity generation, transmission, or distribution or of fuels used in generating electricity. The energy impact report shall include an evaluation and related findings and conclusions on the probable impact of the proposed rule on the cost or reliability of electricity generation, transmission, or distribution or of fuels used in generating electricity.
227.117(2)
(2) Within 30 days after the written request is submitted to the public service commission, the commission shall submit a copy of any energy impact report prepared under
sub. (1) to the agency that proposed the rule that resulted in the report.
227.117(3)
(3) An agency that receives an energy impact report under
sub. (2), shall consider the energy impact report before submitting the notification and report to the legislature under
s. 227.19 (2) and
(3).
227.117 History
History: 2003 a. 277.
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(1)(e)
(e) A description of all of the entities that will be affected by the rule.
227.135(1)(f)
(f) A summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by 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;
2003 a. 118,
145.
227.135 Annotation
Finding Administrative Intent in the Wisconsin Administrative Register. Sefarbi. Wis. Law. April 2003.
227.137
227.137
Economic impact reports of proposed rules. 227.137(1)(1) In this section, "agency" means the departments of agriculture, trade, and consumer protection; commerce; natural resources; transportation; and workforce development.
227.137(2)
(2) After an agency publishes a statement of the scope of a proposed rule under
s. 227.135, and before the agency submits the proposed rule to the legislative council for review under
s. 227.15, a municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons that would be directly and uniquely affected by the proposed rule may submit a petition to the department of administration asking that the secretary of administration direct the agency to prepare an economic impact report for the proposed rule. The agency shall prepare an economic impact report before submitting the proposed rule to the legislative council staff under
s. 227.15 if the secretary of administration directs the agency to prepare that report. The secretary of administration may direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislative council staff under
s. 227.15. The secretary of administration shall direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislative council staff under
s. 227.15 if the secretary determines that all of the following apply:
227.137(2)(a)
(a) The petition was submitted to the department of administration no later than 90 days after the publication of the statement of the scope of the proposed rule under
s. 227.135 (3) or no later than 10 days after publication of the notice for a public hearing under
s. 227.17, whichever is earlier.
227.137(2)(b)
(b) The proposed rule would cost affected persons $20 million or more during each of the first 5 years after the rule's implementation to comply with the rule, or the rule would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.
227.137(3)
(3) An economic impact report shall contain information on the effect of the proposed rule on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce, and from governmental units, associations, businesses, and individuals that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals. The economic impact report shall include all of the following:
227.137(3)(a)
(a) An analysis and quantification of the problem, including any risks to public health or the environment, that the rule is intending to address.
227.137(3)(b)
(b) An analysis and quantification of the economic impact of the rule, including costs reasonably expected to be incurred by the state, governmental units, associations, businesses, and affected individuals.
227.137(3)(c)
(c) An analysis of benefits of the rule, including how the rule reduces the risks and addresses the problems that the rule is intended to address.
227.137(4)
(4) The agency shall submit the economic impact report to the legislative council staff, to the department of administration, and to the petitioner.
227.137(5)
(5) This section does not apply to emergency rules promulgated under
s. 227.24.
227.137 History
History: 2003 a. 118.
227.138
227.138
Department of administration review of proposed rules. 227.138(1)(b)
(b) "Department" means the department of administration.
227.138(2)
(2) If an economic impact report will be prepared under
s. 227.137 (2) regarding a proposed rule, the department shall review the proposed rule and issue a report. The agency shall not submit a proposed rule to the legislative council staff for review under
s. 227.15 (1) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:
227.138(2)(a)
(a) That the economic impact report and the analysis required under
s. 227.137 (3) are supported by related documentation contained in the economic impact report.
227.138(2)(b)
(b) That the agency has statutory authority to promulgate the proposed rule.
