WISCONSIN BLUE BOOK 1997 - 1998


                   STATUTORY LEGISLATIVE COMMITTEES

                           Joint Committee for Review of
                           ADMINISTRATIVE RULES
 Members: SENATOR GROBSCHMIDT, REPRESENTATIVE GROTHMAN, cochairpersons; SENATORS
C.
   POTTER, SCHULTZ, WELCH, WIRCH; REPRESENTATIVES GUNDERSON, KREUSER, SERATTI,
R. YOUNG.
 Mailing Addresses: Senator Grobschmidt, Room 404, 100 North Hamilton Street,
PO. Box
   7882, Madison 53707-7882; Representative Grothman, Room 125 West, State
Capitol, PO.
   Box 8952, Madison 53708-8952.
 Telephones: Senator Grobschmidt, (608) 266-7505; Representative Grothman,
(608) 264-8486.
 Statutory References: Sections 13.56, 227.19, 227.24 and 227.26.
   Agency Responsibility: The Joint Committee for Review of Administrative
Rules may sus-
 pend or order the promulgation of emergency rules, review proposed rules
when standing com-
 mittees object to them, and suspend rules that have already been promulgated.
   When a standing committee objects to a proposed rule or portion of a rule,
it must be referred
 to the joint committee. The joint committee then has 30 days to review the
rule, but that period
 may be extended for an additional 30 days. The joint committee may uphold
or reverse the stand-
 ing committee's action. If it concurs with the objection, it introduces
bills concurrently in both
 houses to prevent promulgation of the rule. If either bill is enacted, the
agency may not adopt
 the rule unless specifically authorized to do so by subsequent legislative
action. If the joint com-
 mittee disagrees with the objection, it may overrule the standing committee
and allow the agency
 to adopt the rule or it may request the agency to modify the rule.
   The joint committee may suspend a rule after holding a public hearing,
but suspension must
be based on one or more of the following reasons: absence of statutory authority;
an emergency
related to public health or welfare; failure to comply with legislative intent;
conflict with existing
state law; a change in circumstances since passage of the law that authorized
the rule; or a rule
that is arbitrary or capricious or imposes an undue hardship. Within 30 days
of suspension, the
committee must introduce bills concurrently in both houses to repeal the
suspended rule. If either
bill is enacted, the rule is repealed and the agency may not promulgate it
again unless authorized
by the legislature. If both bills fail to pass, the rule remains in effect
and may not be suspended
again.
  The joint committee receives notice of any action in the circuit court
of Dane County for de-
claratory judgments about validity of a rule and may intervene in the action
with the consent of
the Joint Committee on Legislative Organization.
  Organization: The joint committee consists of 5 senators and 5 representatives,
and the mem-
bership from each house must include representatives of both the majority
and minority parties.
  History: The Joint Committee for Review of Administrative Rules was one
of the first of its
kind in the country, and it has served as a model widely copied by other
states. Chapter 221, Laws
of 1955, revised administrative rules procedures and created the committee
with "advisory pow-
ers only". It could investigate complaints about rules and recommend
changes to rule-making
agencies but could not directly affect the rule-making process. In 1966,
the committee received
authority to suspend a rule based on testimony at a public hearing. With
enactment of Chapter
34, Laws of 1979, the joint committee acquired the power to review proposed
rules based on the
objections of a legislative standing committee. Further modifications occurred
when 1985 Wis-
consin Act 182 authorized the joint committee to extend its 30-day review
period and allowed
it to negotiate with agencies to modify existing rules.


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