Administrative Rules

Process

The Wisconsin Department of Agriculture, Trade and Consumer Protection (Department) promulgates administrative rules pursuant to rulemaking authority conferred by the Legislature. Administrative rules have the force and effect of law and become part of the Wisconsin Administrative Code.

An agency undertakes rulemaking when it seeks to create new rules or to amend or repeal existing rules. It normally takes well over a year to adopt, amend or repeal a rule.  That is the minimum time normally required to complete all of the formal rulemaking steps that the Legislature has mandated (see ch. 227, Stats.).     

The Department rulemaking process for a permanent rule change can be broken down into ten main steps. Steps 2, 4, 5, 6, 7 and 9 all contain opportunities for public input.

  1. Statement of Scope* approved by Department Secretary and Governor

  2. Department Board meeting for approval of Statement of Scope

  3. Preparation of proposed rule

  4. Solicitation of information for economic impact analysis 

  5. Department Board meeting for hearing authorization

  6. Legislative Council Rules Clearinghouse Review/Public hearings on proposed rule

  7. Department Board meeting for adoption

  8. Rule approved by Governor

  9. Legislative review/hearings

  10. Rule signed by Department Secretary and published

* The Statement of Scope is the Department's public notice that it intends to begin the development of a rule.

If there is an immediate threat to the public peace, health, safety or welfare, the Department may adopt a temporary emergency rule according to special procedures prescribed by the Legislature.  The Department may adopt an emergency rule in a month to 45 days, if necessary.  But the emergency rule remains in effect for only 150 days (a legislative committee may extend it for up to 120 days).

Links

DescriptionLink
View all current Department Administrative Rules in effect ATCP Administrative Rules in Effect
View current proposed administrative rules that are scheduled to be presented to the Department Board (steps 2, 5, and 7 above) Department Board Materials
Comment on any proposed administrative rule that has been submitted to the Legislative Rules Clearinghouse and scheduled for public hearings (step 6 above). It is necessary to include contact information in your submitted comments if you wish to receive a response. Legislative Website
See instructions on how to comment on administrative rules Admin Rules Comment Manual
View the administrative rules that are currently open for public comment on the economic impact only of the proposed rule changes (step 4 above)Please see the section below.

Public Comment on the Economic Impact of Proposed Administrative Rules

Technical rule changes to ATCP 21 and 21 Appendix A; and to ATCP 40, 42, 65, 71, 72, 73, 76, 77, 78, 79, 90, 91, 92, 94, 99, 105, 118, 163, 164, 165, and 166

Initial Regulatory Flexibility Analysis

Hearing Draft


ATCP 20

Initial Regulatory Flexibility Analysis

Hearing Draft