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(8m)
(8m) “Permanent rule" means a rule other than a rule promulgated under s.
227.24.
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(13)
(13) “Rule" means a regulation, standard, statement of policy, or general order of general application that has the force of law and that 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" includes a modification of a rule under s.
227.265. “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, that:
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)(pm)
(pm) Relates to setting fees under s.
655.27 (3) for the injured patients and families compensation fund or setting fees under s.
655.61 for the mediation fund.
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)(yt)
(yt) Relates to implementing, interpreting, or administering s.
283.16, including determining social and economic impacts of compliance with phosphorus effluent limitations, establishing application and eligibility requirements for obtaining a variance, and providing guidance to the public.
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(13)(zr)
(zr) Relates to the administration or implementation of a cooperative agreement under s.
28.15.
227.01(13)(zx)
(zx) Determines a fee under s.
440.03 (9) for an initial credential for which no examination is required, for a reciprocal credential, or for a credential renewal.
227.01(13)(zy)
(zy) Relates to any form prescribed by the division of banking in the department of financial institutions in connection with the licensing of mortgage bankers or mortgage brokers under s.
224.72 or the licensing of mortgage loan originators under s.
224.725.
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;
2005 a. 217,
418;
2007 a. 20;
2009 a. 2,
28,
219,
391;
2011 a. 14,
32,
118,
167;
2013 a. 20,
22,
52,
101;
2013 a. 116 s.
31;
2013 a. 125,
134,
136;
2013 a. 151 s.
28;
2013 a. 210,
277,
278,
295,
320,
332,
361,
363,
377;
2015 a. 55,
90,
163,
196,
205,
208,
269;
2017 a. 262,
369.
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). See also Cholvin v. Department of Health and Family Services,
2008 WI App 127,
313 Wis. 2d 749,
758 N.W.2d 118,
07-1350.
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,
275 Wis. 2d 533,
685 N.W.2d 573,
03-2486.
