227.01 Definitions. In this chapter: (1) “Agency” means a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer. (2) “Code,” when used without further modification, means the Wisconsin administrative code under s. 35.93. (3) “Contested case” means an agency proceeding in which the assertion by one party of any substantial interest is denied or controverted by another party and in which, after a hearing required by law, a substantial interest of a party is determined or adversely affected by a decision or order. There are 3 classes of contested cases as follows: (a) A “class 1 proceeding” is a proceeding in which an agency acts under standards conferring substantial discretionary authority upon it. “Class 1 proceedings” include rate making, price setting, the granting of a certificate of convenience and necessity, the making, review or equalization of tax assessments and the granting or denial of a license. (b) A “class 2 proceeding” is a proceeding in which an agency determines whether to impose a sanction or penalty against a party. “Class 2 proceedings” include the suspension or revocation of or refusal to renew a license because of an alleged violation of law. Any proceeding which could be construed to be both
227.23 227.24 227.25 227.26 227.265 227.27 227.29 227.30
227.40 227.41 227.42 227.43 227.44 227.445 227.45 227.46 227.47 227.48 227.483 227.485 227.49 227.50 227.51 227.52 227.53 227.54 227.55 227.56 227.57 227.58 227.59 227.60
Forms. Emergency rules; exemptions. Legislative reference bureau. Legislative review after promulgation; joint committee for review of administrative rules. Repeal or modification of rules. Construction of administrative rules. Agency review of rules and enactments. Review of administrative rules or guidelines. SUBCHAPTER III ADMINISTRATIVE ACTIONS AND JUDICIAL REVIEW Declaratory judgment proceedings. Declaratory rulings. Right to hearing. Division of hearings and appeals. Contested cases; notice; parties; hearing; records. Substitution of hearing examiner assigned by division of hearings and appeals. Evidence and official notice. Hearing examiners; examination of evidence by agency. Decisions. Service of decision. Costs upon frivolous claims. Costs to certain prevailing parties. Petitions for rehearing in contested cases. Ex parte communications in contested cases. Licenses. Judicial review; decisions reviewable. Parties and proceedings for review. Stay of proceedings. Record on review. Additional evidence; trial; motion to dismiss; amending petition. Scope of review. Appeals. Certification of certain cases from the circuit court of Dane County to other circuits. Jurisdiction of state courts to determine validity of laws when attacked in federal court and to stay enforcement.
a class 1 and a class 2 proceeding shall be treated as a class 2 proceeding. (c) A “class 3 proceeding” is any contested case not included in class 1 or class 2. (3m) (a) “Guidance document” means, except as provided in par. (b), any formal or official document or communication issued by an agency, including a manual, handbook, directive, or informational bulletin, that does any of the following: 1. Explains the agency’s implementation of a statute or rule enforced or administered by the agency, including the current or proposed operating procedure of the agency. 2. Provides guidance or advice with respect to how the agency is likely to apply a statute or rule enforced or administered by the agency, if that guidance or advice is likely to apply to a class of persons similarly affected. (b) “Guidance document” does not include any of the following: 1. A rule that has been promulgated and that is currently in effect or a proposed rule that is in the process of being promulgated. 2. A standard adopted, or a statement of policy or interpretation made, whether preliminary or final, 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. 3. Any document or activity described in sub. (13) (a) to (zz), except that “guidance document” includes a pamphlet or other ex-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
227.01
ADMINISTRATIVE PROCEDURE
planatory material described under sub. (13) (r) that otherwise satisfies the definition of “guidance document” under par. (a). 4. Any document that any statute specifically provides is not required to be promulgated as a rule. 5. A declaratory ruling issued under s. 227.41. 6. A pleading or brief filed in court by the state, an agency, or an agency official. 7. A letter or written legal advice of the department of justice or a formal or informal opinion of the attorney general, including an opinion issued under s. 165.015 (1). 8. Any document or communication for which a procedure for public input, other than that provided under s. 227.112 (1), is provided by law. 9. Any document or communication that is not subject to the right of inspection and copying under s. 19.35 (1). (4) “Hearing examiner” means a person designated under s.