2011 Wisconsin Code
Chapter 227. Administrative procedure and review.
227.138 Department of administration review of proposed rules.

227.138

227.138 Department of administration review of proposed rules.

227.138(1)

(1) In this section:

227.138(1)(a)

(a) "Agency" has the meaning given in s. 227.137 (1).

227.138(1)(b)

(b) "Department" means the department of administration.

227.138(1)(c)

(c) "Economic impact report" means a report prepared under s. 227.137.

227.138(2)

(2) If an economic impact report will be prepared under s. 227.137 (2) regarding a proposed rule, the department shall review the proposed rule and issue a report. The agency shall not submit a proposed rule to the legislature for review under s. 227.19 (2) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:

227.138(2)(a)

(a) That the economic impact report and the analysis required under s. 227.137 (3) are supported by related documentation contained in the economic impact report.

227.138(2)(b)

(b) That the agency has statutory authority to promulgate the proposed rule.

227.138(2)(c)

(c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.

227.138(2)(d)

(d) That the agency has adequately documented the factual data and analytical methodologies that the agency used in support of the proposed rule and the related findings that support the regulatory approach that the agency chose for the proposed rule.

227.138(3)

(3) Before issuing a report under sub. (2), the department may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.

227.138(4)

(4) No person is entitled to judicial review of any action taken by the department under this section.

227.138 - ANNOT.

History: 2003 a. 118; 2005 a. 249.