Section 227.11(2)(a), Stats., reads: Rule-making authority is expressly conferred on an agency as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold in the statutory provision.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates that approximately 150 hours of staff time will be needed to develop the proposed rule changes, including the time required for research and analysis, establishing an Advisory Committee, conducting public hearings, soliciting input from stakeholders and the public, drafting rulemaking documents, and communicating with stakeholders and affected persons and groups.
6. List with description of all entities that may be affected by the proposed rule:
Proposed changes would impact all staff, administration, and ch. 980, Stats., patients, plus other service providers at the SRSTC and the WRC, both established under s. 980.065 (2), Stats.. Other groups that may be affected include family members of Ch. 980, Stats., patients. 7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There appears to be no existing or proposed federal regulations that address the activities to be regulated by this proposed rule.
8. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have little to no economic impact if promulgated.
Contact Person:
Mike Derr
608-267-7704
