reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 226 - Foreign corporations. › 226.025 - Qualification of foreign utility holding companies; exceptions.

226.025
Qualification of foreign utility holding companies; exceptions.
(1)
Within the meaning of this chapter, every foreign corporation shall be deemed to be doing business within the state if, directly or indirectly, through agents, trustees or any other means, it furnishes to any affiliated public utility for use in intrastate operations in this state, any of the following:
(a)
Any managerial, supervisory, engineering, legal, accounting, or financial service.
(b)
Any equipment, facilities, or commodities, by sale, lease, exchange, conveyance, license, or similar arrangement.
(2)
Within the meaning of this section the term “affiliated" shall have the same meaning as the term “affiliated interests" as defined in s. 196.52 (1). Provided, however, that the mere ownership of stock and receipt of dividends thereon shall not constitute doing business. This section shall not have the effect of imposing upon the corporation described in s. 196.52 (1) a duty to pay fees. The provisions of this section shall apply to interstate commerce only so far as the constitution and laws of the United States permit.
(3)
The appointment of the department of financial institutions or the designation of a resident agent as attorney for the service of summons, notice, pleadings or process under s. 180.1507 shall be applicable only to actions or proceedings against the foreign corporations described in this section (unless such corporations have been admitted to this state for purposes other than those mentioned in this section) where the cause of action or proceeding arises out of transactions between such foreign corporations and public utilities operating in this state with which such foreign corporations are affiliated; and to actions or proceedings by or before the public service commission or office of the commissioner of railroads involving the transactions described in sub. (1), or involving the relation between such foreign corporations and public utilities operating in this state with which they are affiliated.
History:  1977 c. 29; 1981 c. 347 s. 80 (2); 1981 c. 390, 391; 1989 a. 303; 1993 a. 16, 123; 1995 a. 27; 2021 a. 240 ss. 29, 30.
2023 Wisconsin Statutes & Annotations › Chapter 226 - Foreign corporations. › 226.05 - Bank deposits by nonresidents, taxation evidence.

226.05
Bank deposits by nonresidents, taxation evidence.
The making and maintaining of deposits and checking or other accounts by a nonresident of this state or by a foreign corporation in any bank, either state or national, or in any trust company in this state, shall not be considered as doing business or acquiring, holding or disposing of property in this state, nor considered a factor in determining whether such person or corporation is doing business in this state, or in determining the situs of the property or income of such corporation or person for taxation purposes.
2023 Wisconsin Statutes & Annotations › Chapter 226 - Foreign corporations. › 226.12 - Liability of inactive foreign corporation.

226.12
Liability of inactive foreign corporation.
An action for the recovery of money may be commenced and prosecuted against a foreign corporation although such corporation may have ceased to act as a corporation in the same manner as though it had not so ceased to act; and the judgment may be enforced against property in this state which such corporation has any interest in or would have an interest in had the same not ceased to act as aforesaid, whether held or controlled by it or by a trustee, assignee, agent or other person for the use and benefit in whole or in part of such corporation or the creditors thereof or both.
Since a corporation's existence and capacity to be sued is governed by the state of incorporation or where it is certified to do business, this section cannot apply when a corporation has not been certified to do business in Wisconsin and has no assets here. Bazan v. Kux Machine Co. 52 Wis. 2d 325, 190 N.W.2d 521 (1971).
2023 Wisconsin Statutes & Annotations › Chapter 226 - Foreign corporations. › 226.13 - Plaintiff's lien.

226.13
Plaintiff's lien.
The plaintiff shall, to the extent of the final judgment, have a lien upon all the property and interests of the foreign corporation from the time of the filing of the complaint in the action, unless the foreign corporation files with the clerk an undertaking, in double the amount claimed to be due to the plaintiff, executed by 2 or more sureties in the corporation's behalf, resident freeholders of this state, to the effect that the corporation will satisfy the final judgment that may be recovered in favor of the plaintiff in the action within 60 days from the date the judgment is rendered. The undertaking is of no effect unless accompanied by the affidavit of the sureties under s. 808.07. If the foreign corporation notifies the court and plaintiff of an intent to file an undertaking, and the amount of money sought by the plaintiff was excluded from the demand for judgment, as required under s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 187 s. 135; 1987 a. 256.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.02 - Compliance with other statutes.

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 this chapter. Wagner v. State Medical Examining Board, 181 Wis. 2d 633, 511 N.W.2d 874 (1994).
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.03 - Application of this chapter.

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 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108 or 949.
(3)
Any provision of s. 227.42, 227.44 or 227.49 that is inconsistent with a requirement of title 45 of the code of federal regulations does not apply to hearings held under ch. 49.
(3m)
(a)
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).
(b)
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.
(4)
The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of community supervision or aftercare supervision under s. 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.
(5)
This chapter does not apply to proceedings of the claims board, except as provided in ss. 775.05 (5), 775.06 (7) and 775.11 (2).
(6)
Orders of the elections commission under s. 5.06 (6) are not subject to this chapter.
(7)
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).
(7m)
Except as provided in s. 292.63 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 292.63 (6s).
(8)
This chapter does not apply to determinations made by the secretary of administration or the secretary of revenue under s. 229.50 (1).
History:  1985 a. 182; 1989 a. 31; 1991 a. 32, 295; 1993 a. 16, 263, 377; 1995 a. 27 ss. 6224 to 6226m, 9130 (4); 1995 a. 77, 227, 351; 1997 a. 3, 191, 237, 283; 1999 a. 82; 2003 a. 33; 2007 a. 1; 2013 a. 20, 334; 2015 a. 55, 118, 216.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.05 - Agency publications.

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 administrative code provision that supports any statement or interpretation of law that the agency makes in any publication, whether in print or on the agency's Internet site, including guidance documents, forms, pamphlets, or other informational materials, regarding the laws the agency administers.
History: 2017 a. 369.
NOTE:  In Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, the Wisconsin Supreme Court held that this section is facially unconstitutional to the extent that it addresses guidance documents.
The legislature may enact the laws the executive is duty-bound to execute, but it may not control his knowledge or intentions about those laws. Nor may it mute or modulate the communication of his knowledge or intentions to the public. Because there was no set of facts pursuant to which this section, to the extent it applies to guidance documents, and s. 227.112 would not impermissibly interfere with the executive's exercise of his core constitutional power, they were in that respect facially unconstitutional. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.111 - Rule-making authority of certain agencies.

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. 15.01 (7), that has not taken any action under this subchapter with respect to the promulgation of a rule in 10 years or more.
(2)
Notwithstanding ss. 227.10 and 227.11 and any other provision authorizing or requiring a restricted agency to promulgate rules, a restricted agency may not take any action with respect to the promulgation of a rule unless a subsequent law specifically authorizes such action.
History:  2017 a. 158.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.113 - Incorporation of local, comprehensive planning goals.

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 in s. 1.13 (2).
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.116 - Rules to include time period.

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 business to obtain a permit shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.
(2)
If any existing rule does not comply with sub. (1r), the agency that promulgated the rule shall submit to the legislative council staff a proposed revision of the rule that will bring the rule into compliance with sub. (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.
(3)
Subsections (1r) and (2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.
(4)
If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the department of safety and professional services within 5 business days of the last day of the time period specified, setting forth all of the following:
(a)
The name of the person who submitted the permit application and the business activity for which the permit is required.
(b)
Why the review and determination were not completed within the specified time period and a specification of the revised time period within which the review and determination will be completed.
(c)
How the agency intends to avoid such failures in the future.
(5)
If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the department of safety and professional services.
(6)
(a)
An agency's failure to review and make a determination on a permit application within the time period specified in a rule or law does not relieve any person from the obligation to secure a required permit nor affect in any way the agency's authority to interpret the requirements of or grant or deny permits.
(b)
If a court finds that an agency failed to review and make a determination on a permit application within the time period specified in a rule or law, that finding shall not constitute grounds for declaring the agency's determination invalid.
History:  1985 a. 182, 332; 1993 a. 52; 1995 a. 27; 1997 a. 27; 2005 a. 249; 2011 a. 32; 2017 a. 364.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.117 - Review of rules impacting energy availability.

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 committee, the speaker of the assembly, or the presiding officer of the senate requests in writing that the commission determine the rule's impact on the cost or reliability of electricity generation, transmission, or distribution or of fuels used in generating electricity. The energy impact report shall include an evaluation and related findings and conclusions on the probable impact of the proposed rule on the cost or reliability of electricity generation, transmission, or distribution or of fuels used in generating electricity.
(2)
Within 30 days after the written request is submitted to the public service commission, the commission shall submit a copy of any energy impact report prepared under sub. (1) to the agency that proposed the rule that resulted in the report.
(3)
An agency that receives an energy impact report under sub. (2), shall consider the energy impact report before submitting the notification and report to the legislature under s. 227.19 (2) and (3).
History:  2003 a. 277.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.12 - Petition for rules.

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, business or professional group, or any 5 or more persons having an interest in a rule may petition an agency requesting it to promulgate a rule.
(2)
A petition shall state clearly and concisely:
(a)
The substance or nature of the rule making requested.
(b)
The reason for the request and the petitioners' interest in the requested rule.
(c)
A reference to the agency's authority to promulgate the requested rule.
(3)
Except as provided in sub. (4), within a reasonable period of time after the receipt of a petition under this section, an agency shall either deny the petition in writing or proceed with the requested rule making. If the agency denies the petition, it shall promptly notify the petitioner of the denial, including a brief statement of the reason for the denial. If the agency proceeds with the requested rule making, it shall follow the procedures prescribed in this subchapter.
(4)
If a petition to the department of revenue establishes that the department has established a standard by which it is construing a state tax statute, but has not promulgated a rule to adopt the standard or published the standard in a manner that is available to the public, the department shall, as provided under s. 227.135, submit a statement of the scope of the proposed rule to the department of administration no later than 90 days after receiving the petition. No later than 270 days after the statement is approved by the governor, the department shall submit the proposed rule in final draft form to the governor for the governor's approval, as provided under s. 227.185. At the department's request, the governor or the department of administration may, at any time prior to the expiration of any deadline specified in this subsection, extend the time for submitting the statement or proposed rule in draft form for any period not to exceed 60 days. The governor or the department of administration may grant more than one extension under this subsection, but the total period for all such extensions may not exceed 120 days. The rule need not adhere to the standard established by the department, but shall address the same circumstances as the standard addresses. If the department fails to comply with this subsection, any of the petitioners may commence an action in circuit court to compel the department's compliance. If an action is commenced under this subsection, the court may compel the department to provide information to the court related to the degree to which the department is enforcing the standard, except that the information provided by the department shall not disclose the identity of any person who is not a party to the action.
History:  1985 a. 182; 2011 a. 68; 2017 a. 57.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.13 - Advisory committees and informal consultations.

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 or representatives of the public to advise it with respect to any contemplated rule making. Such a committee shall have advisory powers only. Whenever an agency appoints a committee under this section, the agency shall submit a list of the members of the committee to the joint committee for review of administrative rules.
History:  1985 a. 182; 2017 a. 369.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.136 - Preliminary public hearing and comment period.

227.136
Preliminary public hearing and comment period.
(1)
Within 10 days after publication of a statement of the scope of a proposed rule under s. 227.135 (3), either cochairperson of the joint committee for the review of administrative rules may submit a written directive to the agency that prepared the statement for the agency to hold a preliminary public hearing and comment period on the statement of scope as provided in this section.
(2)
If the agency is directed to hold a preliminary public hearing and comment period on a statement of scope as provided in sub. (1) or if the agency otherwise opts to do so on its own initiative, the agency shall submit to the legislative reference bureau, in a format approved by the legislative reference bureau, a notice of a preliminary public hearing and comment period to allow for public comment and feedback on the statement of scope. The agency may also take any other action it considers necessary to provide notice of the preliminary public hearing and comment period to other interested persons. The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule and shall include all of the following:
(a)
A statement of the date, time, and place of the preliminary public hearing.
(b)
The place where comments on the statement of scope should be submitted and the deadline for submitting those comments.
(3)
The agency shall hold the preliminary public hearing and comment period in accordance with the notice required under sub. (2), but may not hold the hearing sooner than the 3rd day after publication of the notice in the register.
(4)
The agency shall conduct a hearing under this section in accordance with s. 227.18.
(5)
The agency shall report all public comments and feedback on the statement of scope of the proposed rule that the agency receives at the preliminary public hearing and comment period to the individual or body with policy-making powers over the subject matter of the proposed rule.
(6)
Failure of any person to receive notice of a preliminary public hearing as provided in this section is not grounds for invalidating any resulting rule if notice of the hearing was published in the register in accordance with s. 35.93 (2) (b) 3. bm.
(7)
For the purpose of soliciting public comment, an agency may hold a hearing on the general subject matter of possible or anticipated rules before preparing a statement of scope for a proposed rule. A hearing held under this subsection does not relieve the agency from its obligation to comply with a directive under sub. (1) or the requirement to hold a hearing under s. 227.16.
History:  2017 a. 57 ss. 5, 17.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.16 - When hearings required.

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)
Subsection (1) does not apply if any of the following conditions exist:
(b)
The proposed rule brings an existing rule into conformity with a statute that has been changed or enacted or with a controlling judicial decision.
(c)
The proposed rule is promulgated under s. 227.24, in which case the agency shall hold a hearing under s. 227.24 (4).
(d)
The proposed rule is being promulgated at the direction of the joint committee for review of administrative rules under s. 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 statement that the proposed rule will be promulgated without public hearing unless a petition is received by the agency within 30 days after publication of the notice, signed by any of the following:
1.
Twenty-five natural persons who will be affected by the proposed rule.
2.
A municipality that will be affected by the proposed rule.
3.
An association which is representative of a farm, labor, business or professional group that will be affected by the proposed rule.
(3)
If the agency receives a petition under sub. (2) (e), it may not proceed with the proposed rule until after it has given notice and held a public hearing under ss. 227.17 and 227.18.
(4)
The exemptions in sub. (2) do not apply if another statute specifically requires the agency to hold a hearing prior to promulgating the proposed rule under consideration.
(5)
If a hearing is not required because of an exemption under sub. (2), the agency may hold a hearing on the proposed rule under ss. 227.17 and 227.18.
History:  1985 a. 182; 1995 a. 106; 2013 a. 20; 2017 a. 57.
The purpose of a public hearing is to give interested parties not only a chance to be heard, but to have an influence in the final form of the regulations involved. That purpose would not be served if the adopted rules were required to be identical in form to those proposed before the hearing. HM Distributors of Milwaukee, Inc. v. Department of Agriculture, 55 Wis. 2d 261, 198 N.W.2d 598 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.18 - Conduct of hearings.

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 of the hearing, present a summary of the factual information on which the proposed rule is based, including any information obtained from an advisory committee, informal conference or consultation.
(c)
Afford each interested person or a representative the opportunity to present facts, opinions or arguments in writing, whether or not there is an opportunity to present them orally.
(d)
Keep a record of the hearing in a manner the agency considers desirable and feasible.
(2)
The person conducting the hearing may:
(a)
Limit oral presentations if the hearing would be unduly lengthened by repetitious testimony.
(b)
Question or allow others present to question the persons appearing.
(c)
Administer an oath or affirmation to any person appearing.
(d)
Continue or postpone the hearing to a specified date, time and place.
(3)
(a)
If the agency officer or a quorum of the board or commission responsible for promulgating the proposed rule is not present at the hearing, the procedures in this subsection apply.
(b)
At the beginning of the hearing, the person conducting it shall inform those present that any person who presents testimony at the hearing may present his or her argument to the agency officer, board or commission prior to promulgation of the proposed rule if the request to do so is made in writing at the hearing.
(c)
If required by the agency officer, board or commission, an argument shall be presented to the agency in writing. If oral arguments are permitted, the agency officer, board or commission may impose reasonable limitations on the length and number of appearances to conserve time and preclude undue repetition.
(d)
If a record of the hearing has been made, arguments before the agency officer, board or commission shall be limited to the record of the hearing.
(4)
The procedures required by this section do not supersede procedures required by any statute relating to a specific agency or to the rule or class of rules under consideration.
History:  1985 a. 182.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.185 - Approval by governor.

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 governor shall provide the agency with a written notice of that approval. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) unless the governor has approved the proposed rule in writing. The agency shall notify the joint committee for review of administrative rules whenever it submits a proposed rule for approval under this section.
History:  2011 a. 21; 2017 a. 57.
The requirement that agencies receive gubernatorial approval under s. 227.135 (2) prior to drafting a proposed rule, and again under this section before submitting the rule to the legislature, is constitutional as applied to the state superintendent of public instruction and the Department of Public Instruction. Koschkee v. Taylor, 2019 WI 76, 387 Wis. 2d 552, 929 N.W.2d 600, 17-2278.
Changing the Rules on Rulemaking. Sklansky. Wis. Law. Aug. 2011.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.20 - Filing of rules.

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 sufficient room for a stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection. The agency shall also send a copy of each rule to the legislative reference bureau in an electronic format approved by the legislative reference bureau.
(2)
The legislative reference bureau shall endorse the date and the time of filing on each certified copy filed under sub. (1). The bureau shall keep a file of all certified copies filed under sub. (1).
(3)
Filing a certified copy of a rule with the legislative reference bureau creates a presumption of all of the following:
(a)
That the rule was duly promulgated by the agency.
(b)
That the rule was filed and made available for public inspection on the date and time endorsed on it.
(c)
That all of the rule-making procedures required by this chapter were complied with, except as provided in s. 186.118 (2) (c) or (3) (b) 3.
(d)
That the text of the certified copy of the rule is the text as promulgated by the agency.
History:  1985 a. 182; 1993 a. 214; 2005 a. 249; 2007 a. 20; 2013 a. 20, 277.
Cross-reference:  See s. 902.03 for provision for judicial notice of administrative rules.
Guidelines promulgated outside the context of one particular contested case do not qualify for exception to the requirement that all rules must be filed under s. 227.023 [now this section]. Here, failure to file the guideline as a rule did not deprive the Department of Industry, Labor and Human Relations of the authority to decide contested cases dealing with pregnancy leaves under the sex discrimination statute. Wisconsin Telephone Co. v. DILHR, 68 Wis. 2d 345, 228 N.W.2d 649 (1975).
Sub. (3) directs a court to presume that the rule was duly promulgated by the agency and that all statutory rule-making procedures have been followed, including those pertaining to the preparation of a housing impact report. This section apparently creates a rebuttable presumption that a court is to presume that the agency that promulgated the rule followed the statute regarding housing reports, but a party challenging the rule may rebut that presumption. The statute also requires courts to respect the legislature's role in reviewing and approving agency rules by presuming the validity of rules that have survived the legislature's scrutiny. Wisconsin Realtors Ass'n v. PSC, 2015 WI 63, 363 Wis. 2d 430, 867 N.W.2d 364, 13-1407.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.21 - Publication of rules; incorporation by reference.

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 legislative reference bureau under s. 227.20 in the register and shall publish all permanent rules that agencies are directed by this chapter to file with the legislative reference bureau under s. 227.20 in the code, as provided in s. 35.93.
(2)
(a)
Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.
(b)
The attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disc or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the legislative reference bureau.
(c)
An agency that adopts standards under par. (a) may provide the legislative reference bureau with one or more Web addresses to provide electronic access to the standards for publication in conjunction with the publication of the Wisconsin administrative code and register under s. 35.93.
(3)
A rule promulgated jointly by 2 or more agencies need not be published in more than one place in the code.
(4)
Agency materials that are exempt from the requirements of this chapter under s. 227.01 (13) may be published, either verbatim or in summary form, if the promulgating agency and the legislative reference bureau determine that the public interest would be served by publication.
History:  1985 a. 182; 1987 a. 403; 2001 a. 65; 2005 a. 249; 2007 a. 20, 96, 180; 2013 a. 20; 2015 a. 196; 2021 a. 246.
Consent may not be given to incorporate by reference the U.S. Code or federal regulations, except rules meeting the definition of a technical standard. Material incorporated by reference cannot include future amendments thereto. 59 Atty. Gen. 31. See also 68 Atty. Gen. 9.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.22 - Effective date of rules.

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 the following occurs:
(a)
The statute under which the rule was promulgated prescribes a different effective date for the rule.
(b)
A later date is prescribed by the agency in a statement filed with the rule.
(c)
The rule is promulgated under s. 227.24, in which case it becomes effective at the time prescribed in that section.
(e)
The rule has a significant economic impact on small businesses, as defined in s. 227.114 (1), in which case the rule applies to small businesses no earlier than the first day of the 3rd month commencing after the date of publication of the rule.
(3)
The legislative reference bureau may prescribe in the manual prepared under s. 227.15 (7) the monthly date prior to which a rule must be filed in order to be included in that month's issue of the register. The legislative reference bureau shall compute the effective date of each rule submitted for publication in the register and shall publish it in a note at the end of each section. For the purpose of computing the effective date, the legislative reference bureau may presume that an issue of the register will be published during the month in which it is designated for publication.
History:  1985 a. 182; 1985 a. 332 s. 253; 2003 a. 145; 2005 a. 249; 2007 a. 20; 2013 a. 20, 172.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.23 - Forms.

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 officer charged with ultimate rule-making authority but may be promulgated by any employee of the agency authorized by the board or officer.
(3)
It need not be published in the code and register in its entirety, but may be listed by title or description together with a statement as to how it may be obtained.
History:  1985 a. 182.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.25 - Legislative reference bureau.

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 bureau shall, upon request, furnish an agency with advice and assistance on the form and mechanics of rule drafting.
(3)
An agency may request an advance commitment as to the title or numbering of a proposed rule by submitting a copy of the proposed rule indicating the requested title and numbering to the legislative reference bureau prior to filing. As soon as possible after that, the legislative reference bureau shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code.
(4)
The legislative reference bureau may, prior to publication, edit the analysis of a proposed rule and any other material submitted for publication in the code and register, may refer to the fact that those materials are on file or may eliminate them and any reference to them in the code and register if they do not appreciably add to an understanding of the rule. The legislative reference bureau shall submit the edited version of any material to the agency for its comments prior to publication.
History:  1985 a. 182; 2005 a. 249; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.265 - Repeal or modification of rules.

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 and register as required under s. 35.93, and the repeal or modification shall take effect as provided in s. 227.22.
History:  2013 a. 125, 136, 210, 277, 278, 295, 320, 332, 361, 363.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.27 - Construction of administrative rules.

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 result that is inconsistent with the manifest intent of the agency.
(2)
The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau under s. 227.20 or modified under s. 227.265, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.
History:  1983 a. 544; 1985 a. 182 ss. 22, 55 (2), (3); Stats. 1985 s. 227.27; 2005 a. 249; 2007 a. 20; 2013 a. 125, 136, 210, 277, 278, 295, 320, 332, 361, 363.
When interpreting administrative regulations, a court uses the same rules of interpretation as the court applies to statutes. DaimlerChrysler v. LIRC, 2007 WI 15, 299 Wis. 2d 1, 727 N.W.2d 311, 05-0544.
An administrative agency's interpretation of its own rules or regulations is controlling unless plainly erroneous or inconsistent with the regulations. For an agency's interpretation of its own rules or regulations, if the interpretation is reasonable and consistent with the intended purpose, a court generally applies either “controlling weight" or “great weight" deference. DaimlerChrysler v. LIRC, 2007 WI 15, 299 Wis. 2d 1, 727 N.W.2d 311, 05-0544. But see Tetra Tech EC, Inc. v. DOR, 2018 WI 75, 382 Wis. 2d 496, 914 N.W.2d 21, 15-2019.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.30 - Review of administrative rules or guidelines.

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 in s. 227.114 (1), to conduct their affairs. If the board determines that a rule or guideline places an unnecessary burden on the ability of a small business to conduct its affairs, the board shall submit a report and recommendations regarding the rule or guideline to the joint committee for review of administrative rules and to the agency.
(2)
When reviewing the report, the joint committee for review of administrative rules shall consider all of the following:
(a)
The continued need for the rule or guideline.
(b)
The nature of the complaints and comments received from the public regarding the rule or guideline.
(c)
The complexity of the rule or guideline.
(d)
The extent to which the rule or guideline overlaps, duplicates, or conflicts with federal regulations, other state rules, or local ordinances.
(e)
The length of time since the rule or guideline has been evaluated.
(f)
The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule or guideline since the rule or guideline was promulgated.
(3)
The joint committee for review of administrative rules may refer the report regarding the rule or guideline to the presiding officer of each house of the legislature for referral to a committee under s. 227.19 (2) or may review the rule or guideline as provided under s. 227.26.
History:  2003 a. 145; 2005 a. 249.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.445 - Substitution of hearing examiner assigned by division of hearings and appeals.

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 subject of a contested case hearing for which the division of hearings and appeals has assigned a hearing examiner may file a written request with the administrator of the division of hearings and appeals in the department of administration, not later than 10 days after receipt of the notice under s. 227.44 (1), for a substitution of a new hearing examiner.
(2)
No person may file more than one request under sub. (1) for a single hearing.
(3)
Upon receipt of a request under sub. (1), the administrator of the division of hearings and appeals shall determine if the request was made timely and in proper form. If the request was made timely and in proper form, the administrator of the division of hearings and appeals shall transfer the matter to another hearing examiner and shall transmit to the new hearing examiner all materials relating to the matter.
History:  2015 a. 391.
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.47 - Decisions.

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 consist of a concise and separate statement of the ultimate conclusions upon each material issue of fact without recital of evidence. Every proposed or final decision shall include a list of the names and addresses of all persons who appeared before the agency in the proceeding who are considered parties for purposes of review under s. 227.53. The agency shall by rule establish a procedure for determination of parties.
(2)
Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the administrator of the division of personnel management in the department of administration made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.
History:  1975 c. 414 s. 15; 1977 c. 418; 1979 c. 208; 1985 a. 182 ss. 33r, 57; Stats. 1985 s. 227.47; 1993 a. 16, 491; 2003 a. 33 ss. 2376, 2377, 9160; 2015 a. 55.
Absent controlling legislation to the contrary, determinations by administrative agencies acting in a judicial capacity are generally given preclusive effect in subsequent court actions between the same parties. Certain conditions must, however, be met: 1) the administrative proceeding must have been properly before the agency; 2) the administrative agency must have been acting in a judicial capacity; 3) the issues for which preclusion is sought must have been actually determined by the administrative agency; and 4) the parties must have had an adequate opportunity to litigate those issues before the administrative agency. Hlavinka v. Blunt, Ellis & Loewi, Inc., 174 Wis.2d 381, 497 N.W.2d 756 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 227 - Administrative procedure and review. › 227.48 - Service of decision.

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 the party's attorney of record.
(2)
Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of adverse decisions, the time allowed for filing each petition and identification of the party to be named as respondent. No time period specified under s. 227.49 (1) for filing a petition for rehearing, under s. 227.53 (1) (a) for filing a petition for judicial review or under any other section permitting administrative review of an agency decision begins to run until the agency has complied with this subsection.
History:  1975 c. 94 s. 3; 1975 c. 414 ss. 13, 17; Stats. 1975 s. 227.11; 1981 c. 378; 1985 a. 182 ss. 33rm, 57; Stats. 1985 s. 227.48; 2011 a. 155; 2021 a. 242.
Service of a decision is complete on the date of its mailing regardless of its receipt by the addressee. In re Proposed Incorporation of Pewaukee, 72 Wis. 2d 593, 241 N.W.2d 603 (1976).
Formal notice under sub. (2) of the right to judicial review need be given only with a decision arising out of a contested case proceeding. Collins v. Policano, 231 Wis. 2d 420, 605 N.W.2d 260 (Ct. App. 1999), 99-0255.