227.01(13)(L)(L) Establishes personnel standards, job classifications or salary ranges for state, county or municipal employees in the classified civil service. 227.01(13)(n)(n) Fixes or approves rates, prices or charges, unless a statute specifically requires them to be fixed or approved by rule. 227.01(13)(o)(o) Determines the valuation of securities held by an insurer. 227.01(13)(p)(p) Is a statistical plan relating to the administration of rate regulation laws under ch. 625 or 626. 227.01(13)(pm)(pm) Relates to setting fees under s. 655.27 (3) for the injured patients and families compensation fund or setting fees under s. 655.61 for the mediation fund. 227.01(13)(q)(q) Is a form the content or substantive requirements of which are prescribed by a rule or a statute. 227.01(13)(r)(r) Is a pamphlet or other explanatory material that is not intended or designed as interpretation of legislation enforced or administered by an agency, but which is merely informational in nature. 227.01(13)(s)(s) Prescribes or relates to a uniform system of accounts for any person, including a municipality, that is regulated by the office of the commissioner of railroads or the public service commission. 227.01(13)(u)(u) Relates to computing or publishing the number of nursing home beds to be added in each health planning area under s. 150.33 (1). 227.01(13)(y)(y) Prescribes measures to minimize the adverse environmental impact of bridge and highway construction and maintenance. 227.01(13)(yt)(yt) Relates to implementing, interpreting, or administering s. 283.16, including determining social and economic impacts of compliance with phosphorus effluent limitations, establishing application and eligibility requirements for obtaining a variance, and providing guidance to the public. 227.01(13)(za)(za) Is a manual prepared under s. 227.15 (7) to provide agencies with information on drafting, promulgation and legislative review of rules. 227.01(13)(zb)(zb) Establishes a list of substances in groundwater and their categories under s. 160.05. 227.01(13)(zf)(zf) Establishes the list of properties on the state register of historic places under s. 44.36 or the list of locally designated historic places under s. 44.45. 227.01(13)(zn)(zn) Establishes criteria and standards for certifying instructors for the trapper education program. 227.01(13)(zr)(zr) Relates to the administration or implementation of a cooperative agreement under s. 28.15. 227.01(13)(zx)(zx) Determines a fee under s. 440.03 (9) for an initial credential for which no examination is required, for a reciprocal credential, or for a credential renewal. 227.01(13)(zy)(zy) Relates to any form prescribed by the division of banking in the department of financial institutions in connection with the licensing of mortgage bankers or mortgage brokers under s. 224.72 or the licensing of mortgage loan originators under s. 224.725. 227.01 HistoryHistory: 1985 a. 182; 1987 a. 27, 119, 395, 399, 403; 1989 a. 31, 56, 335, 341; 1991 a. 39, 254, 269, 309, 315; 1993 a. 16, 123, 237, 349, 364, 419, 442, 481, 491; 1995 a. 27, 215, 227, 289, 363; 1997 a. 27, 35, 231, 237; 1999 a. 9, 70; 1999 a. 150 s. 672; 1999 a. 167; 2001 a. 38, 109; 2003 a. 33 ss. 2364, 2813; 2005 a. 217, 418; 2007 a. 20; 2009 a. 2, 28, 219, 391; 2011 a. 14, 32, 118, 167; 2013 a. 20, 22, 52, 101; 2013 a. 116 s. 31; 2013 a. 125, 134, 136; 2013 a. 151 s. 28; 2013 a. 210, 277, 278, 295, 320, 332, 361, 363, 377; 2015 a. 55, 90, 163, 196, 205, 208, 269; 2017 a. 262, 369; 2019 a. 169; 2023 a. 128. 227.01 AnnotationA proceeding for the incorporation of a village is not a “contested case” under sub. (3). Westring v. James, 71 Wis. 2d 462, 238 N.W.2d 695 (1976). 227.01 AnnotationA flood plain zoning ordinance adopted by the Department of Natural Resources under s. 87.30 (1) was a “rule” under this section. Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis. 2d 804, 280 N.W.2d 702 (1979). 227.01 AnnotationA rule: 1) is a regulation, standard, statement of policy, or general order; 2) is of general application; 3) has the effect of law; 4) is issued by an agency; 5) is to implement, interpret, or make specific legislation administered by the agency. The terms “rule” and “order” are mutually exclusive. Wisconsin Electric Power Co. v. DNR, 93 Wis. 2d 222, 287 N.W.2d 113 (1980). See also Cholvin v. Department of Health & Family Services, 2008 WI App 127, 313 Wis. 2d 749, 758 N.W.2d 118, 07-1350. 227.01 AnnotationPrinciples of statutory construction apply to the construction of rules. Law Enforcement Standards Board v. Village of Lyndon Station, 101 Wis. 2d 472, 305 N.W.2d 89 (1981). 227.01 AnnotationSchool boards are not “boards” under sub. (1). Racine Unified School District v. Thompson, 107 Wis. 2d 657, 321 N.W.2d 334 (Ct. App. 1982). 227.01 AnnotationWhen a fundamental and well-defined public policy is evidenced by a rule, a discharge from employment for refusal to violate that rule is actionable. Winkelman v. Beloit Memorial Hospital, 168 Wis. 2d 12, 483 N.W.2d 211 (1992). 227.01 AnnotationApplying the definition of “rule” under sub. (13). Plumbing Apprenticeship Committee v. DILHR, 172 Wis. 2d 299, 493 N.W.2d 744 (Ct. App. 1992). 227.01 AnnotationMaterials developed by an agency as a reference aid for its staff that are couched in terms of advice and guidelines rather than setting forth law-like pronouncements are not a rule within the meaning of sub. (13) because they are not intended to have the effect of law. Chenequa Land Conservancy, Inc. v. Village of Hartland, 2004 WI App 144, 275 Wis. 2d 533, 685 N.W.2d 573, 03-2486. 227.01 AnnotationIf an agency’s policy meets the five-part definition of a rule, the policy is invalid and unenforceable when it has not been promulgated according to statutory rulemaking procedures. Wisconsin Manufacturers & Commerce, Inc. v. DNR, 2024 WI App 18, 411 Wis. 2d 462, 5 N.W.3d 903, 22-0718. 227.01 AnnotationIn determining whether an agency’s policy meets the five-part definition of a rule, a policy is “of general application” if the class is described in general terms and new members can be added to the class. Additionally, a policy can apply to all applicants even though it may affect only some of them. Wisconsin Manufacturers & Commerce, Inc. v. DNR, 2024 WI App 18, 411 Wis. 2d 462, 5 N.W.3d 903, 22-0718. 227.01 AnnotationIn determining whether an agency’s policy meets the five-part definition of a rule, the agency’s policy has the “effect of law” when criminal or civil sanctions can result as a violation; when licensure can be denied; and when the interest of individuals in a class can be legally affected through enforcement of the agency action. Moreover, statements using express mandatory language are more than informational. In those provisions, the agency speaks with an official voice intended to have the effect of law. Wisconsin Manufacturers & Commerce, Inc. v. DNR, 2024 WI App 18, 411 Wis. 2d 462, 5 N.W.3d 903, 22-0718. 227.01 AnnotationIf an administrative rule is properly adopted and is within the power of the legislature to delegate, there is no material difference between it and a law. 63 Atty. Gen. 159.
227.01 AnnotationAgencies are subject to rule-making procedures in making discretionary choices even if those choices are based on opinions of the attorney general. Rule-making procedures do not apply if the opinion describes what a law mandates. 68 Atty. Gen. 363.
227.01 AnnotationRegulatory Reform: Moving Policymaking from State Agencies to the Legislature. Jensen. Wis. Law. Oct. 2018.
227.02227.02 Compliance with other statutes. Compliance with this chapter does not eliminate the necessity of complying with a procedure required by another statute. 227.02 HistoryHistory: 1985 a. 182. 227.02 AnnotationThis 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). 227.03227.03 Application of this chapter. 227.03(3)(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. 227.03(3m)(a)(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).
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