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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 227 - Administrative procedure and review.
227.02 - Compliance with other statutes.
227.03 - Application of this chapter.
227.04 - Considerations for small business.
227.10 - Statements of policy and interpretations of law; discrimination prohibited.
227.11 - Agency rule-making authority.
227.111 - Rule-making authority of certain agencies.
227.113 - Incorporation of local, comprehensive planning goals.
227.114 - Rule making; considerations for small business.
227.115 - Review of rules affecting housing.
227.116 - Rules to include time period.
227.117 - Review of rules impacting energy availability.
227.13 - Advisory committees and informal consultations.
227.135 - Statements of scope of proposed rules.
227.136 - Preliminary public hearing and comment period.
227.137 - Economic impact analyses of proposed rules.
227.138 - Retrospective economic impact analyses for rules.
227.139 - Passage of bill required for certain rules.
227.14 - Preparation of proposed rules.
227.15 - Legislative council staff.
227.16 - When hearings required.
227.185 - Approval by governor.
227.19 - Legislative review prior to promulgation.
227.21 - Publication of rules; incorporation by reference.
227.22 - Effective date of rules.
227.24 - Emergency rules; exemptions.
227.25 - Legislative reference bureau.
227.26 - Legislative review after promulgation; joint committee for review of administrative rules.
227.265 - Repeal or modification of rules.
227.27 - Construction of administrative rules.
227.29 - Agency review of rules and enactments.
227.30 - Review of administrative rules or guidelines.
227.40 - Declaratory judgment proceedings.
227.43 - Division of hearings and appeals.
227.44 - Contested cases; notice; parties; hearing; records.
227.445 - Substitution of hearing examiner assigned by division of hearings and appeals.
227.45 - Evidence and official notice.
227.46 - Hearing examiners; examination of evidence by agency.
227.483 - Costs upon frivolous claims.
227.485 - Costs to certain prevailing parties.
227.49 - Petitions for rehearing in contested cases.
227.50 - Ex parte communications in contested cases.
227.52 - Judicial review; decisions reviewable.
227.53 - Parties and proceedings for review.
227.56 - Additional evidence; trial; motion to dismiss; amending petition.
227.59 - Certification of certain cases from the circuit court of Dane County to other circuits.