Chapter 227 — ADMINISTRATIVE PROCEDURE AND REVIEW

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 Wiscons…

227.02 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. This chapter contemplates the limited use of civil procedure statutes that do not conflict with th…

227.03 Application of this chapter. (1) This chapter applies to cases arising under s. 76.38, 1993 stats., and ss. 76.39 and 76.48. (2) Except as provided in s. 108.105, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981…

227.04 Considerations for small business. (1) In this section: (a) “Minor violation” means a rule violation that does not cause serious harm to the public, is committed by a small business, and the violation is not willful, the violation is not likely to be repeated, there is a h…

227.05 Agency publications. An agency, other than the Board of Regents of the University of Wisconsin System, the Technical College System Board, or the department of employee trust funds, shall identify the applicable provision of federal law or the applicable state statutory or…

227.10 Statements of policy and interpretations of law; discrimination prohibited. (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 sta…

227.11 Agency rule-making authority. (1) Except as expressly provided, this chapter does not confer rule-making authority upon or augment the rule-making authority of any agency. (2) Rule-making authority is expressly conferred on an agency as follows: (a) Each agency may promulg…

227.111 Rule-making authority of certain agencies. (1) In this section, “restricted agency” means an affiliated credentialing board, as defined in s. 15.01 (1g), a board, as defined in s. 15.01 (1r), a commission, as defined in s. 15.01 (2), or an examining board, as defined in s…

227.112 Guidance documents. (1) (a) Before adopting a guidance document, an agency shall submit to the legislative reference bureau the proposed guidance document with a notice of a public comment period on the proposed guidance document under par. (b), in a format approved by th…

227.113 Incorporation of local, comprehensive planning goals. Each agency, where applicable and consistent with the laws that it administers, is encouraged to design the rules promulgated by the agency to reflect a balance between the mission of the agency and the goals specified…

227.114 Rule making; considerations for small business. (1) In this section, “small business” means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has…

227.115 Review of rules affecting housing. (1) DEFINITION. In this section, “state housing strategy plan” means the plan developed under s. 16.302. (2) ANALYSIS OF RULES AFFECTING HOUSING. (a) If a proposed rule may increase or decrease, either directly or indirectly, the cost of…

227.116 Rules to include time period. (1g) In this section, “permit” means any approval of an agency required as a condition of operating a business in this state. (1r) Each proposed rule submitted to the legislative council staff under s. 227.15 that includes a requirement for a…

227.117 Review of rules impacting energy availability. (1) The public service commission shall prepare an energy impact report on any proposed rule if, not later than 30 days after the public hearing under s. 227.18, the chairperson or ranking minority member of a standing commit…

227.12 Petition for rules. (1) Unless the right to petition for a rule is restricted by statute to a designated group or unless the form of procedure for a petition is otherwise prescribed by statute, a municipality, an association which is representative of a farm, labor, busine…

227.13 Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency may also appoint a committee of experts, interested persons…

227.135 Statements of scope of proposed rules. (1) An agency shall prepare a statement of the scope of any rule that it plans to promulgate. The statement shall include all of the following: (a) A description of the objective of the rule. (b) A description of existing policies re…

227.136 (5). No state employee or official may perform any activity in connection with the drafting of a proposed rule, except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making pow…

227.137 Economic impact analyses of proposed rules. (2) An agency shall prepare an economic impact analysis for a proposed rule before submitting the proposed rule to the legislative council staff under s. 227.15. (3) An economic impact analysis of a proposed rule shall contain i…

227.138 Retrospective economic impact analyses for rules. (1) The joint committee for review of administrative rules may direct an agency to prepare a retrospective economic impact analysis for any of an agency’s rules that are published in the code. The committee may identify on…

227.139 Passage of bill required for certain rules. (1) If an economic impact analysis prepared under s. 227.137 (2), a revised economic impact analysis prepared under s. 227.137 (4), or an independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. i…

227.14 Preparation of proposed rules. (1) FORM AND STYLE. In preparing a proposed rule, an agency shall adhere substantially to the form and style used by the legislative reference bureau in the preparation of bill drafts and the form and style specified in the manual prepared by…

227.15 Legislative council staff. (1) SUBMITTAL TO LEGISLATIVE COUNCIL STAFF. Prior to a public hearing on a proposed rule required under s. 227.16 or, if no such public hearing is required, prior to notice under s. 227.19, an agency shall submit the proposed rule to the legislat…

227.16 When hearings required. (1) In addition to any preliminary public hearing and comment period held under s. 227.136, all rule making by an agency shall be preceded by notice and public hearing as provided in ss. 227.17 and 227.18, except as provided in sub. (2). (2) Subsect…

227.17 Notice of hearing. (1) If a hearing is required under s. 227.16, the agency shall do all of the following: (a) Send written notice of the hearing, in an electronic format approved by the legislative reference bureau, to the legislative reference bureau for publication in t…

227.18 Conduct of hearings. (1) An agency shall hold a public hearing at the date, time and place designated in the notice of hearing. The person conducting the hearing shall: (a) Explain the purpose of the hearing and describe how testimony will be received. (b) At the beginning…

227.185 Approval by governor. After a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed rule. If the governor approves a proposed rule, the gover…

227.19 Legislative review prior to promulgation. (1) STATEMENT OF PURPOSE; RULE-MAKING POWERS. (a) Article IV of the constitution of this state vests in the legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purpos…

227.20 Filing of rules. (1) An agency shall file a certified copy of each rule it promulgates with the legislative reference bureau. No rule is valid until the certified copy has been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficie…

227.21 Publication of rules; incorporation by reference. (1) The legislative reference bureau shall publish all rules that agencies are directed by this chapter to file with the leg- ADMINISTRATIVE PROCEDURE 227.22 islative reference bureau under s. 227.20 in the register and sha…

227.22 Effective date of rules. (1) In this section, “date of publication” means the date on which a rule is published in the code as required under s. 35.93 (2) (c) 1. (2) A rule is effective on the first day of the month commencing after the date of publication unless one of th…

227.23 Forms. A form imposing a requirement which meets the definition of a rule shall be treated as a rule for the purposes of this chapter, except that: (1) Its promulgation need not be preceded by notice and public hearing. (2) It need not be promulgated by the board or office…

227.24 Emergency rules; exemptions. (1) PROMULGATION. (a) An agency may, except as provided in s. 227.136 (1), promulgate a rule as an emergency rule without complying with the notice, hearing, and publication requirements under this chapter if preservation of the public peace, h…

227.25 Legislative reference bureau. (1) The legislative reference bureau shall, in cooperation with the legislative council staff under s. 227.15 (7), prepare a manual informing agencies about the form, style and placement of rules in the code. (2) The legislative reference bure…

227.26 (2) (b). (e) The proposed rule, as submitted to the legislative council staff under s. 227.15 (1), is sent to the legislative reference bureau in an electronic format approved by the legislative reference bureau and published in the notice section of the register with a st…

227.265 Repeal or modification of rules. If a bill to repeal or modify a rule is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. Instead, the legislative reference bureau shall publish the repeal or modification in the Wisconsin administrative code an…

227.27 Construction of administrative rules. (1) In construing rules, ss. 990.001, 990.01, 990.03 (1), (2) and (4), 990.04 and 990.06 apply in the same manner in which they apply to statutes, except that ss. 990.001 and 990.01 do not apply if the construction would produce a resu…

227.29 Agency review of rules and enactments. (1) By March 31 of each odd-numbered year, each agency with any rules published in the code shall submit a report to the joint committee for review of administrative rules listing all of the following rules promulgated or otherwise ad…

227.30 Review of administrative rules or guidelines. (1) The small business regulatory review board may review the rules and guidelines of any agency to determine whether any of those rules or guidelines place an unnecessary burden on the ability of small businesses, as defined i…

227.40 Declaratory judgment proceedings. (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule or guidance document shall be an action for declaratory judgment as to the validity of the rule or guidance document brought in the circui…

227.41 Declaratory rulings. (1) Except as provided in sub. (5), any agency may, on petition by any interested person, issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforced by it. Full opportunity for…

227.42 Right to hearing. (1) In addition to any other right provided by law, any person filing a written request with an agency for hearing shall have the right to a hearing which shall be treated as a contested case if: (a) A substantial interest of the person is injured in fact…

227.43 or 227.46 (1) to preside over a contested case. (5) “License” includes all or any part of an agency permit, certificate, approval, registration, charter or similar form of permission required by law, except a motor vehicle operator’s license issued under ch. 343, a vehicle…

227.44 Contested cases; notice; parties; hearing; records. (1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Except in the case of an emergency, reasonable notice shall consist of mailing notice to known interested parties …

227.445 Substitution of hearing examiner assigned by division of hearings and appeals. (1) A person who has applied for a contract, permit, or other approval from the department of natural resources or the department of agriculture, trade and consumer protection that is the subje…

227.45 Evidence and official notice. In contested cases: (1) Except as provided in s. 901.05, an agency or hearing examiner shall not be bound by common law or statutory rules of evidence. The agency or hearing examiner shall admit all testimony having reasonable probative value,…

227.46 Hearing examiners; examination of evidence by agency. (1) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over …

227.47 Decisions. (1) Except as provided in sub. (2), every proposed or final decision of an agency or hearing examiner following a hearing and every final decision of an agency shall be in writing accompanied by findings of fact and conclusions of law. The findings of fact shall…

227.48 Service of decision. (1) Except as provided in s. 196.40, every decision when made, signed and filed, shall be served forthwith by personal delivery or by mailing or, with the consent of the parties, by electronically mailing a copy to each party to the proceedings or to t…

227.483 Costs upon frivolous claims. (1) If a hearing examiner or the tax appeals commission finds, at any time during the proceeding, that an administrative hearing commenced or continued by a petitioner or a claim or defense used by a party is frivolous, the hearing examiner or…