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.
227.138(2)(c)
(c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.
227.138(2)(d)
(d) That the agency has adequately documented the factual data and analytical methodologies that the agency used in support of the proposed rule and the related findings that support the regulatory approach that the agency chose for the proposed rule.
227.138(3)
(3) Before issuing a report under
sub. (2), the department may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.
227.138(4)
(4) No person is entitled to judicial review of any action taken by the department under this section.
227.138 History
History: 2003 a. 118.
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 all of the following:
227.14(2)(a)1.
1. A reference to each statute that the proposed rule interprets, each statute that authorizes its promulgation, each related statute or related rule, and an explanation of the agency's authority to promulgate the proposed rule under those statutes.
227.14(2)(a)3.
3. A summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
227.14(2)(a)5.
5. A summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule.
227.14(2)(a)6.
6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under
s. 227.114 or that was used when the agency prepared an economic impact report under
s. 227.137 (3).
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(2g)
(2g) Fiscal effect of rule. On the same day that an agency publishes a proposed rule under this section that may have a significant economic impact on small businesses, the agency shall submit the proposed rule and the analysis required under
sub. (2) to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the rule on small businesses and shall determine whether the agency has complied with
subs. (2) and
(2m) and
s. 227.114 (2) and
(3). Except as provided in
subs. (1m) and
(1s), each proposed rule shall include provisions detailing how the rule will be enforced. If the board determines that the rule does not include an enforcement provision or that the agency failed to comply with
sub. (2) or
(2m) or
s. 227.114 (2) or
(3), the board shall notify the agency of that determination and ask the agency to comply with any of those requirements. In addition, the board may submit suggested changes in the proposed rule to the agency, including proposals to reduce the use of cross-references in the rule. The board shall send a report of those suggestions and of any notice of failure to include enforcement provisions or to comply with
sub. (2) or
(2m) or
s. 227.114 (2) or
(3) to the legislative council staff. The notification to the agency may include a request that the agency do any of the following:
227.14(2g)(a)
(a) Verify that the proposed rule does not conflict with, overlap, or duplicate other rules or federal regulations.
227.14(2g)(b)
(b) Require the inclusion of fee information and fee schedules in the analysis under
sub. (2), including why fees are necessary and for what purpose the fees will be used.
227.14(2m)
(2m) Quality of agency data. Each agency shall, in cooperation with the department of administration, ensure the accuracy, integrity, objectivity, and consistency of the data that is used when preparing a proposed rule and when completing an analysis of the proposed rule under
sub. (2). Each agency shall reduce the amount of cross-references to the statutes in proposed and final rules. A person affected by a proposed rule may submit comments to the agency regarding the accuracy, integrity, or consistency of that data.
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.
