§ 227.16 — When hearings required.

Wisconsin § 227.16

• Jurisdiction: Wisconsin
• Ch. 227: Administrative procedure and review
• Subch.: subch. II of ch. 227 SUBCHAPTER II

Text

227.16
227.16(1) (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) .
227.16(2) (2) Subsection (1) does not apply if any of the following conditions exist:
227.16(2)(b) (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.
227.16(2)(c) (c) The proposed rule is promulgated under s. 227.24 , in which case the agency shall hold a hearing under s. 227.24 (4) .
227.16(2)(d) (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) .
227.16(2)(e) (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:
227.16(2)(e)1. 1. Twenty-five natural persons who will be affected by the proposed rule.
227.16(2)(e)2. 2. A municipality that will be affected by the proposed rule.
227.16(2)(e)3. 3. An association which is representative of a farm, labor, business or professional group that will be affected by the proposed rule.
227.16(3) (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 .
227.16(4) (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.
227.16(5) (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 .

Legislative History

227.16 History History: 1985 a. 182 ; 1995 a. 106 ; 2013 a. 20 ; 2017 a. 57 .