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)(d)7.
7. In the case of a proposed rule of the department of safety and professional services under
s. 101.63 (1) establishing standards for the construction of a dwelling, as defined in
s. 101.61 (1), the proposed rule would increase the cost of constructing or remodeling such a dwelling by more than $1,000. This subdivision applies notwithstanding that the purpose of the one- and 2-family dwelling code under
s. 101.60 includes promoting interstate uniformity in construction standards. This subdivision does not apply to a proposed rule whose promulgation has been authorized under
sub. (5) (fm).
227.19(4)(e)
(e)
Conclusion of committee jurisdiction. Subject to
par. (b) 3., a committee's jurisdiction over a proposed rule is concluded when the committee objects to, approves, or waives its jurisdiction over the proposed rule or when the committee review period ends, whichever occurs first. When a committee's jurisdiction over a proposed rule is concluded, the committee shall report the proposed rule and any objection as provided in
sub. (5) (a).
227.19(5)
(5) Joint committee for review of administrative rules. 227.19(5)(a)(a)
Referral. When a committee's jurisdiction over a proposed rule is concluded as provided in
sub. (4) (e), the committee shall report the proposed rule and any objection to the chief clerk of the appropriate house within 5 working days after that jurisdiction is concluded. The chief clerk shall refer the proposed rule and any 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. Except as provided in
subd. 1m., the review period for the joint committee for review of administrative rules extends for 30 days after the last referral of a proposed rule and any objection to that committee, and during that review period that committee may take any action on the proposed rule in whole or in part permitted under this subsection. The joint committee for review of administrative rules shall meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which a committee has objected and may meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which no committee has objected, 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)1m.
1m. If a notice and report received under
sub. (2) after the last day of the legislature's final general-business floorperiod as specified in
sub. (2) is referred for review by the joint committee for review of administrative rules before the first day of the next regular session of the legislature, the review period for the joint committee for review of administrative rules extends to the day specified under
s. 13.02 (1) for the next legislature to convene. During that review period, the joint committee for review of administrative rules may meet and take action in executive session and may take any action on the proposed rule in whole or in part permitted under this subsection. If the joint committee for review of administrative rules meets in executive session with respect to a proposed rule or part of a proposed rule to which a committee has objected, that joint committee shall take action as permitted under this subsection with respect to the committee's objection.
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 the modifications or to the expiration of the review period under
subd. 1. or, if applicable,
subd. 1m., 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)4.
4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule or a part of 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 or part of the proposed rule to the joint committee for review of administrative rules of the next legislature. If a committee review period is interrupted by the loss of jurisdiction under this subdivision, a new committee review period as provided in
subd. 1. shall begin for the joint committee for review of administrative rules to which the proposed rule or part of 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 or a part of a proposed rule until the joint committee for review of administrative rules nonconcurs in the objection of the committee, concurs in the approval of the committee, otherwise approves the proposed rule or part of the proposed rule, or waives its jurisdiction over the proposed rule or part of the proposed rule under
par. (d), until the expiration of the review period under
par. (b) 1., if no committee has objected to the proposed rule or the part of the proposed rule, until a bill introduced under
par. (e) fails to be enacted, or until a bill introduced under
par. (em) is 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 or a part of a proposed rule, concur in a committee's approval of a proposed rule or a part of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or waive its jurisdiction over a proposed rule or a part of a proposed rule by voting to nonconcur, concur, or approve, or to waive its jurisdiction, during the applicable review period under
par. (b). Except as provided in
par. (dm), if the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule, an agency may not promulgate the proposed rule or part of the proposed rule objected to 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 or a part of a proposed rule only for one or more of the reasons specified under
sub. (4) (d).
227.19(5)(dm)
(dm)
Rules increasing dwelling construction costs; joint committee action. If the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule for a reason specified in
sub. (4) (d) 7., the department of safety and professional services may not promulgate the proposed rule or part of the proposed rule objected to until a bill introduced under
par. (em) is enacted. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under
s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been previously authorized under
par. (fm).
227.19(5)(e)
(e)
Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule under
par. (d) 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)(em)
(em)
Rules increasing dwelling construction costs; bill to authorize promulgation. If the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule under
par. (dm), any member of the legislature may introduce a bill to authorize promulgation of the proposed rule or part of the proposed rule. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under
s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been previously authorized under
par. (fm).
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 or part of the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule or part of 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)(fm)
(fm)
Rules increasing dwelling construction costs; timely introduction of bill; effect. If all bills introduced under
par. (em) are defeated, or fail to be enacted in any other manner, the agency may not promulgate the proposed rule or part of the proposed rule that was objected to unless subsequent law specifically authorizes its promulgation. If any of those bills becomes law, the agency may promulgate the proposed rule or part of the proposed rule that was objected to.
227.19(5)(g)
(g)
Introduction of bills in next session; effect. 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 or part of 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 or part of 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 or authorization procedure. 227.19(6)(a)(a) The legislature may not consider a bill required or permitted under
sub. (5) (e) or
(em) 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 or part of 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 or part of 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).
227.19 Annotation
Changing the Rules on Rulemaking. Sklansky. Wis. Law. Aug. 2011.
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.
227.21 Annotation
Consent may not be given to incorporate by reference the U.S. Code or federal regulations, except rules meeting the definition of a technical standard. Material incorporated by reference cannot include future amendments thereto. 59 Atty. Gen. 31.
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)1d.
1d. Prepare a statement of the scope of the proposed emergency rule as provided in
s. 227.135 (1), obtain approval of the statement as provided in
s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in
s. 227.135 (3). If the agency changes the scope of a proposed emergency rule as described in
s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in
s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approves the statement.
227.24(1)(e)1g.
1g. Submit the proposed emergency rule in final draft form to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed emergency rule. If the governor approves a proposed emergency rule, the governor shall provide the agency with a written notice of that approval. An agency may not file an emergency rule with the legislative reference bureau as provided in
s. 227.20 and an emergency rule may not be published until the governor approves the emergency rule in writing.
227.24(1)(e)1m.
1m. 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.
