Relates to computing or publishing the number of nursing home beds to be added in each health planning area under s. 150.33 (1)
Relates to the benefit design, cost-sharing requirements, or administration of the health care benefits plan under s. 49.67
Prescribes measures to minimize the adverse environmental impact of bridge and highway construction and maintenance.
Is a manual prepared under s. 227.15 (7)
to provide agencies with information on drafting, promulgation and legislative review of rules.
Establishes a list of substances in groundwater and their categories under s. 160.05
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
Establishes criteria and standards for certifying instructors for the trapper education program.
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.
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
History: 1985 a. 182
; 1987 a. 27
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
; 1997 a. 27
; 1999 a. 9
; 1999 a. 150
; 1999 a. 167
; 2001 a. 38
; 2003 a. 33
; 2005 a. 217
; 2007 a. 20
; 2009 a. 2
; 2011 a. 14
; 2013 a. 20
; 2013 a. 116
; 2013 a. 125
; s. 35.17 correction in (13) (zz).
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
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
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
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
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).
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
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).
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
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.
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.
Compliance with other statutes.
Compliance with this chapter does not eliminate the necessity of complying with a procedure required by another statute.
History: 1985 a. 182
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
Application of this chapter. 227.03(3)
Any provision of s. 227.42
that is inconsistent with a requirement of title 45 of the code of federal regulations does not apply to hearings held under ch. 49
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)
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
The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5)
or 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.
(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
Orders of the government accountability board under s. 5.06 (6)
are not subject to this chapter.
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)
This chapter does not apply to determinations made by the secretary of administration or the secretary of revenue under s. 229.50 (1)
Considerations for small business. 227.04(2)
Consistent with the requirements under s. 895.59
and, to the extent possible, each agency shall do all of the following:
Provide assistance to small businesses to help small businesses comply with rules promulgated by the agency.
Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of "minor violation."
In deciding whether to impose a fine against a small business found to be in violation of a rule, consider the appropriateness of a written warning, reduced fine, or alternative penalty if all of the following apply:
The small business has made a good faith effort to comply with the rule.
The rule violation does not pose a threat to public health, safety, or welfare.
Establish methods to encourage the participation of small businesses in rule making under s. 227.114 (4)
History: 2011 a. 46
Statements of policy and interpretations of law; discrimination prohibited. 227.10(1)
Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. A statement of policy or an interpretation of a statute made in the decision of a contested case, in a private letter ruling under s. 73.035
or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts does not render it a rule or constitute specific adoption of a rule and is not required to be promulgated as a rule.
No agency may promulgate a rule which conflicts with state law.
No agency may implement or enforce any standard, requirement, or threshold, including as a term or condition of any license issued by the agency, unless that standard, requirement, or threshold is explicitly required or explicitly permitted by statute or by a rule that has been promulgated in accordance with this subchapter. The governor, by executive order, may prescribe guidelines to ensure that rules are promulgated in compliance with this subchapter.
No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, race, creed, color, sexual orientation, national origin or ancestry.
A rule may discriminate for or against a person by reason of physical condition or developmental disability as defined in s. 51.01 (5)
only if it is strictly necessary to a function of the agency and is supported by data demonstrating that necessity.
Each person affected by a rule is entitled to the same benefits and is subject to the same obligations as any other person under the same or similar circumstances.