Wis. Stat. § 227.16
When hearings required
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2017
As of January 1, 2003
(1) Except as provided under sub. (2) , all rule making by an agency shall be preceded by notice and public hearing as provided in ss. 227.17 and 227.18 .
(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:
(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.
(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) .
(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) .
(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 and the fiscal estimate required under s. 227.14 (4) are 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:
(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.
1. Twenty-five natural persons who will be affected by the proposed rule.
2. A municipality that 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. 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 .
(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.
(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 .
(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 .
(6) 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 proposed rule in draft form. A hearing held under this subsection does not satisfy the requirement of sub. (1) with respect to the promulgation of a specific proposed rule.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.