Wisconsin Legislature: ADMINISTRATIVE LAW AND PROCEDURE

Discrimination

Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321

Indian reservation

State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276

Industry, Labor and Human Relations, Department of

Cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support. 62-287

Wis. Admin. Code ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282

On-premise signs

Discussed. 66-295

Public defender access to prisoners

The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under section 977.07(1), Stats., for an inmate who has requested counsel and claims indigency. 78-133

RACE

Under 1987 Wisconsin Act 354 and section 562.05(3w)(a), Stats., residency for purposes of owning and operating a racetrack does not require fifty-one percent ownership by individuals. Wisconsin Administrative Code section RACE 1.01(9) (1990) is consistent with this legislative intent. 80-124

Revisor of Statutes

It is within the discretionary power of the Revisor of Statutes whether to purchase and utilize the Federal Standards found in the Federal Register and attach state printed covers thereto in lieu of completely reprinting them in the standard format of the Wisconsin Administrative Code as authorized by secs. 227.024(7) and 35.93(1), Stats. 63-78

Rules

Wis. Admin. Code § ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282

University

Campuses have no present authority to regulate political convassing in university-owned dormitories which does not involve the solicitation of monetary contributions. 65-261

ADMINISTRATIVE LAW AND PROCEDURE

Architects and Engineers

The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74-200

County Board

Can only grant powers of indirect supervision to finance director with respect to accounting or bookkeeping duties of county clerk required by statute or board resolution to be performed by such officer. 65-132

Without power to hire and fire employes of county welfare department, such power belongs to county board of public welfare. 65-163

Establishment of religion clauses

The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the first amendment, United States Constitution, and of Wis. Const. art. I, § 18. 75-115

Joint Committee for Review of Administrative Rules

The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173

The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the Committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168

Rules

Since there is no difference between an otherwise valid administrative rule and a law, such a rule cannot be suspended or revoked by joint resolution of the Legislature and no statute can grant the Legislature the power to do so. The Legislature could, however, by law empower itself or a committee of its members to function as an administrative review agency, provided that the delegation of power restricted such review to a determination whether the administrative rule was a correct application or interpretation of the relevant enabling legislation and provided that such determination is subject to judicial review. There is no material distinction between an otherwise valid administrative rule and an otherwise valid policy pronouncement by an agency inasmuch as they both have the force of law, but the policy pronouncements of administrators do not have the force of law. Judicial review of a policy pronounce

Search and seizure

Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172

Service of process

Service of process discussed within the meaning of sec. 262.06(3), Stats. (1973). 63-467

Voting

The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173

The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168

Witnesses

In administrative hearings, a subpoenaed witness has a duty to attend pursuant to the subpoena and to remain in attendance until excused. 68-251

ADOLESCENT PREGNANCY PREVENTION SERVICES BOARD

Grant monies

Constitutionality of the administration of grant monies by the Adolescent Pregnancy Prevention Services Board pursuant to section 46.93, Stats., discussed. 76-233

ADOPTION