227.19(4)(d)2.
2. An emergency relating to public health, safety or welfare.
227.19(4)(d)5.
5. A change in circumstances since enactment of the earliest law upon which the proposed rule is based.
227.19(4)(d)6.
6. Arbitrariness and capriciousness, or imposition of an undue hardship.
227.19(4)(e)
(e)
Part of a proposed rule. An agency may promulgate any part of a proposed rule which is not objected to by a committee.
227.19(5)
(5) Joint committee for review of administrative rules. 227.19(5)(a)(a)
Referral. If a committee objects to a proposed rule, the committee shall report the proposed rule and the objection to the chief clerk of the appropriate house within 5 working days after making the objection. The chief clerk shall refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.
227.19(5)(b)1.1. The review period for the joint committee for review of administrative rules extends for 30 days after a proposed rule and objection are referred to it. The joint committee for review of administrative rules shall meet and take action in executive session during that period, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date on which the first 30-day review period would have expired:
227.19(5)(b)1.a.
a. Request in writing that the agency meet with the joint committee for review of administrative rules to review the proposed rule.
227.19(5)(b)1.b.
b. Publish or post notice that the joint committee for review of administrative rules will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency.
227.19(5)(b)2.
2. If the joint committee for review of administrative rules, by a majority vote of a quorum of the committee, requests modifications in a proposed rule, and the agency, in writing, agrees to consider making modifications, the review period for the joint committee is extended either to the 10th working day following receipt by the joint committee of the modified proposed rule or a written statement to the joint committee that the agency will not make modifications or to the expiration of the review period under
subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.
227.19(5)(b)3.
3. If both committees object to a proposed rule, each objection has a separate review period beginning on the date of its receipt.
227.19(5)(b)4.
4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day specified under
s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 10 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the joint committee for review of administrative rules. The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the joint committee for review of administrative rules to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.
227.19(5)(c)
(c)
Agency not to promulgate rule during joint committee review. An agency may not promulgate a proposed rule to which a committee has objected unless the joint committee for review of administrative rules, under
par. (d), nonconcurs in the action of the committee, or until a bill introduced under
par. (e) fails to be enacted. An agency may promulgate any part of a proposed rule to which no objection has been made.
227.19(5)(d)
(d)
Joint committee action. The joint committee for review of administrative rules may nonconcur in a committee's objection to a proposed rule by voting to nonconcur during the review period under
par. (b). If the joint committee for review of administrative rules objects to a proposed rule, an agency may not promulgate the proposed rule until a bill introduced under
par. (e) fails to be enacted. The joint committee for review of administrative rules may object to a proposed rule only for one or more of the reasons specified under
sub. (4) (d).
227.19(5)(e)
(e)
Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule it shall, within 30 days of the date of the objection, meet and take executive action regarding the introduction, in each house of the legislature, of a bill to support the objection. The joint committee shall introduce the bills within 5 working days after taking executive action in favor of introduction of the bills unless the bills cannot be introduced during this time period under the joint rules of the legislature.
227.19(5)(f)
(f)
Timely introduction of bills; effect. If both bills required under
par. (e) are defeated, or fail to be enacted in any other manner, the agency may promulgate the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule that was objected to unless a subsequent law specifically authorizes its promulgation. This paragraph applies to bills introduced on or after the day specified under
s. 13.02 (1) for the legislature to convene and before February 1 of an even-numbered year.
227.19(5)(g)
(g) If the bills required under
par. (e) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under
s. 13.02 (2), or if the bills cannot be introduced during this time period under the joint rules of the legislature, the joint committee for review of administrative rules shall introduce the bills on the first day of the next regular session of the legislature, unless either house adversely disposes of either bill. If the joint committee for review of administrative rules is required to introduce the bills, the agency may not promulgate the proposed rule to which the bills pertain except as provided in
par. (f). If either house adversely disposes of either bill, the agency may promulgate the proposed rule that was objected to. In this paragraph, "adversely disposes of" means that one house has voted in one of the following ways:
227.19(6)
(6) Promulgation prevention procedure. 227.19(6)(a)(a) The legislature may not consider a bill required by
sub. (5) (e) until the joint committee for review of administrative rules has submitted a written report on the bill. The report shall be printed as an appendix to each bill and shall contain:
227.19(6)(a)1.
1. An explanation of the issue involving the proposed rule objected to and the factual situation out of which the issue arose.
227.19(6)(a)2.
2. Arguments presented for and against the proposed rule at the executive session held under
sub. (5) (b).
227.19(6)(a)3.
3. A statement of the action taken by the joint committee for review of administrative rules regarding the proposed rule.
227.19(6)(a)4.
4. A statement and analysis of the grounds upon which the joint committee for review of administrative rules relies for objecting to the proposed rule.
227.19(6)(b)
(b) Upon introduction of the bills under
sub. (5), the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this section which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this section.
227.19(7)
(7) Nonapplication. This section does not apply to rules promulgated under
s. 227.24.
227.19 Annotation
Rule-making procedure is discussed. Wisconsin State Telephone Association. v. PSC,
105 Wis. 2d 601,
314 N.W.2d 873 (Ct. App. 1981).
227.20
227.20
Filing of rules. 227.20(1)(1) An agency shall file a certified copy of each rule it promulgates with the legislative reference bureau. No rule is valid until the certified copy has been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for a stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.
227.20(2)
(2) The legislative reference bureau shall endorse the date and the time of filing on each certified copy filed under
sub. (1). The bureau shall keep a file of all certified copies filed under
sub. (1).
227.20(3)
(3) Filing a certified copy of a rule with the legislative reference bureau creates a presumption of all of the following:
227.20(3)(a)
(a) That the rule was duly promulgated by the agency.
227.20(3)(b)
(b) That the rule was filed and made available for public inspection on the date and time endorsed on it.
227.20(3)(c)
(c) That all of the rule-making procedures required by this chapter were complied with.
227.20(3)(d)
(d) That the text of the certified copy of the rule is the text as promulgated by the agency.
227.20 Cross-reference
Cross-reference: See s.
902.03 for provision for judicial notice of administrative rules.
227.21
227.21
Publication of rules; incorporation by reference. 227.21(1)(1) All rules that agencies are directed by this chapter to file with the legislative reference bureau shall be published in the code and register as required under
s. 35.93.
227.21(2)(a)(a) Except as provided in
s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.
227.21(2)(b)
(b) The attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disk or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in
s. 601.41 (3) (b), that the standards are on file at the offices of the agency and the legislative reference bureau.
227.21(3)
(3) A rule promulgated jointly by 2 or more agencies need not be published in more than one place in the code.
227.21(4)
(4) Agency materials that are exempt from the requirements of this chapter under
s. 227.01 (13) may be published, either verbatim or in summary form, if the promulgating agency and the legislative reference bureau determine that the public interest would be served by publication.
227.22
227.22
Effective date of rules. 227.22(1)
(1) In this section, "date of publication" means the first date on which an issue of the register is mailed to any person entitled under
s. 35.84 to receive it.
227.22(2)
(2) A rule is effective on the first day of the month commencing after the date of publication unless one of the following occurs:
227.22(2)(a)
(a) The statute under which the rule was promulgated prescribes a different effective date for the rule.
227.22(2)(b)
(b) A later date is prescribed by the agency in a statement filed with the rule.
227.22(2)(c)
(c) The rule is promulgated under
s. 227.24, in which case it becomes effective at the time prescribed in that section.
227.22(2)(d)
(d) The date of publication of the issue of the register in which the rule is printed occurs after the date designated under
s. 35.93 (3) for publication of the register, in which case the rule becomes effective as provided in
sub. (4).
227.22(2)(e)
(e) The rule has a significant economic impact on small businesses, as defined in
s. 227.114 (1), in which case the rule applies to small businesses no earlier than the first day of the 3rd month commencing after the date of publication of the rule.
227.22(3)
(3) The legislative reference bureau may prescribe in the manual prepared under
s. 227.15 (7) the monthly date prior to which a rule must be filed in order to be included in that month's issue of the register. The legislative reference bureau shall compute the effective date of each rule submitted for publication in the register and shall publish it in a note at the end of each section. For the purpose of computing the effective date, the legislative reference bureau may presume that an issue of the register will be published during the month in which it is designated for publication.
227.22(4)
(4) If an issue of the register or the notice section of the register is published after the date designated under
s. 35.93 (3) for its publication, the department of administration shall stamp the date of publication on the title page of each copy of that issue. A rule or notice contained in that issue of the register is not effective earlier than the day following the date stamped on the title page.
227.23
227.23
Forms. A form imposing a requirement which meets the definition of a rule shall be treated as a rule for the purposes of this chapter, except that:
227.23(1)
(1) Its promulgation need not be preceded by notice and public hearing.
227.23(2)
(2) It need not be promulgated by the board or officer charged with ultimate rule-making authority but may be promulgated by any employee of the agency authorized by the board or officer.
227.23(3)
(3) It need not be published in the code and register in its entirety, but may be listed by title or description together with a statement as to how it may be obtained.
227.23 History
History: 1985 a. 182.
227.23 Cross-reference
Cross Reference: See also ch.
Ins 7, Wis. adm. code.
227.24
227.24
Emergency rules; exemptions. 227.24(1)(a)(a) An agency may promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under this chapter if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.
227.24(1)(c)
(c) A rule promulgated under
par. (a) takes effect upon publication in the official state newspaper or on any later date specified in the rule and, except as provided under
sub. (2), remains in effect only for 150 days.
227.24(1)(d)
(d) A rule promulgated under
par. (b) takes effect upon publication in the official state newspaper or on any later date specified in the rule and remains in effect for one year or until it is suspended or the proposed rule corresponding to it is objected to by the joint committee for review of administrative rules, whichever is sooner. If a rule under
par. (b) is suspended or a proposed rule under
s. 186.235 (21),
215.02 (18) or
220.04 (8) is objected to by the joint committee for review of administrative rules, any person may complete any transaction entered into or committed to in reliance on that rule and shall have 45 days to discontinue other activity undertaken in reliance on that rule.
227.24(1)(e)
(e) An agency that promulgates a rule under this subsection shall do all of the following:
227.24(1)(e)1.
1. Prepare a plain language analysis of the rule in the format prescribed under
s. 227.14 (2) and print the plain language analysis with the rule when it is published.
227.24(1)(e)2.
2. Prepare a fiscal estimate of the rule in the format prescribed under
s. 227.14 (4) and mail the fiscal estimate to each member of the legislature not later than 10 days after the date on which the rule is published.
227.24(2)(a)(a) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under
sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for a period specified by the committee not to exceed 60 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not exceed 120 days.
227.24(2)(am)
(am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule.
227.24(2)(b)
(b) In making the request for an extension, the agency shall provide the committee with the following:
227.24(2)(b)1.
1. Evidence that there is a threat to the public peace, health, safety or welfare that can be avoided only by extension of the emergency rule or part of the emergency rule.
227.24(2)(b)2.
2. Evidence that it is impossible for the agency to promulgate a permanent rule prior to the expiration date of the emergency rule under
sub. (1) (c).
227.24(2)(c)
(c) Whenever the committee extends an emergency rule or part of an emergency rule under
par. (a), it shall file a statement of its action with the agency promulgating the emergency rule and the legislative reference bureau. The statement shall identify the specific emergency rule or part of an emergency rule to which it relates.
227.24(3)
(3) Filing. An agency shall file a rule promulgated under
sub. (1) as provided in
s. 227.20, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under
sub. (1) that is currently in effect. Each copy, notice or description of a rule promulgated under
sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under
s. 227.26 (2) (b).
227.24(3m)
(3m) Review by the small business regulatory review board. On the same day that the agency files a rule under
sub. (3) that may have a significant economic impact on small businesses, as defined in
s. 227.114 (1), the agency shall submit a copy of the rule to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the emergency rule on small businesses and shall determine whether the agency complied with
ss. 227.114 (2) and
(3) and
227.14 (2m). If the board determines that the agency failed to comply with
s. 227.114 (2) or
(3) or
227.14 (2m), the board shall notify the agency of that determination and ask the agency to comply with any of those provisions. In addition, the board may submit suggested changes in the proposed rule to the agency and may include a request that the agency do any of the following:
