STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
PROPOSED ORDER OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION REPEALING A RULE
The Wisconsin department of agriculture, trade and consumer protection (“the department”) is petitioning the joint committee for review of administrative rules to repeal a rule the department has determined to be an unauthorized rule using the processes under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the department of agriculture, trade and consumer protection to repeal ATCP 3.02 (1) (g), relating to program administration; general.
Analysis Prepared by the Department of
Agriculture, Trade and Consumer Protection
Statutes Interpreted
Statutes interpreted: Section 1.11, Stats., and ss. 92.105, .106, Stats. (2007). Statutory Authority
Statutory authority: Section 227.26 (4), Stats.. Explanation of Agency Authority
Pursuant to s. 227.26 (4), Stats., the department may petition for repeal of an unauthorized rule. An unauthorized rule is one that “an agency lacks the authority to promulgate due to the repeal or amendment of the law that previously authorized its promulgation.” ATCP ch. 3 establishes general program administration standards. 2009 Wisconsin Act 28 repealed s. 92.105. and .106, Stats., which required the department to review county soil and water conservation standards. Related Statutes and Rules
Not applicable.
Brief Summary of Proposed Rule
The proposed rule repeals ATCP 3.02 (1) (g), relating to general program administration. This rule was promulgated in 1986. The section that is the subject of this Petition establishes the type of environmental analysis the department must complete when reviewing county soil and water conservation standards. 2009 Wisconsin Act 28 repealed the statutory directive to the department to review these standards as part of the repeal and recreation of the farmland preservation program. See ss. 92.105, .106 (2007). Therefore, the department has determined that ATCP 3.02 (1) (g) is unauthorized due to the passage of 2009 Wisconsin Act 28 and seeks its repeal pursuant to s. 227.26 (4), Stats. Department Contact
Jane Landretti
Chief Legal Counsel
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 224-5022
TEXT OF RULE
SECTION 1.
ATCP 3.02 (1) (g) is repealed. SECTION 2.
EFFECTIVE DATE. The rules repealed in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. (END OF TEXT OF RULE)
