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.
227.01 Annotation
If an administrative rule is properly adopted and is within the power of the legislature to delegate, there is no material difference between it and a law. 63 Atty. Gen. 159.
227.01 Annotation
Agencies are subject to rule-making procedures in making discretionary choices even if those choices are based on opinions of the attorney general. Rule-making procedures do not apply if the opinion describes what a law mandates. 68 Atty. Gen. 363.
227.02
227.02
Compliance with other statutes. Compliance with this chapter does not eliminate the necessity of complying with a procedure required by another statute.
227.02 History
History: 1985 a. 182.
227.02 Annotation
Chapter 227 contemplates the limited use of civil procedure statutes that do not conflict with ch. 227. Wagner v. State Medical Examining Board,
181 Wis. 2d 633,
511 N.W.2d 874 (1994).
227.03
227.03
Application of this chapter. 227.03(3)
(3) Any provision of s.
227.42,
227.44 or
227.49 that is inconsistent with a requirement of title 45 of the code of federal regulations does not apply to hearings held under ch.
49.
227.03(3m)(a)(a) This chapter does not apply to proceedings before the department of workforce development relating to housing discrimination under s.
106.50, except as provided in s.
106.50 (6).
227.03(3m)(b)
(b) Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under s.
106.52.
227.03(4)
(4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of community supervision or aftercare supervision under s.
938.357 (5), the revocation of parole, extended supervision, or probation, the grant of probation, prison discipline, mandatory release under s.
302.11, or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.
227.03(4m)
(4m) Subchapter
III does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s.
49.857.
227.03(6)
(6) Orders of the elections commission under s.
5.06 (6) are not subject to this chapter.
227.03(7)
(7) Except as provided in s.
230.44 (4) (bm), this chapter does not apply to proceedings before the employment relations commission in matters that are arbitrated in accordance with s.
230.44 (4) (bm).
227.03(8)
(8) This chapter does not apply to determinations made by the secretary of administration or the secretary of revenue under s.
229.50 (1).
227.03 History
History: 1985 a. 182;
1989 a. 31;
1991 a. 32,
295;
1993 a. 16,
263,
377;
1995 a. 27 ss.
6224 to
6226m,
9130 (4);
1995 a. 77,
227,
351;
1997 a. 3,
191,
237,
283;
1999 a. 82;
2003 a. 33;
2007 a. 1;
2013 a. 20,
334;
2015 a. 55,
118,
216.
