227.10 Statements of policy and interpretations of law; discrimination prohibited.

421 words·~2 min read·/wi/chapter-227/227-10-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. A statement of policy or an interpretation of a statute made in the decision of a contested case, in a private letter ruling under s. 73.035 or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts does not render it a rule or constitute specific adoption of a rule and is not required to be promulgated as a rule.

(2)No agency may promulgate a rule which conflicts with state law.

(2g)No agency may seek deference in any proceeding based on the agency’s interpretation of any law.

(2m)No agency may implement or enforce any standard, requirement, or threshold, including as a term or condition of any license issued by the agency, unless that standard, requirement, or threshold is explicitly required or explicitly permitted by statute or by a rule that has been promulgated in accordance with this subchapter, except as provided in s. 186.118

(c)and

(b)3. The governor, by executive order, may prescribe guidelines to ensure that rules are promulgated in compliance with this subchapter.

(2p)No agency may promulgate a rule or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

(a)No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, race, creed, color, sexual orientation, national origin or ancestry.

(b)A rule may discriminate for or against a person by reason of physical condition or developmental disability as defined in s. 51.01

(5)only if it is strictly necessary to a function of the agency and is supported by data demonstrating that necessity.

(c)Each person affected by a rule is entitled to the same benefits and is subject to the same obligations as any other person under the same or similar circumstances.

(d)No rule may use any term removed from the statutes by chapter 83, laws of 1977 .

(e)Nothing in this subsection prohibits the director of the bureau of merit recruitment and selection in the department of administration from promulgating rules relating to expanded certification under s. 230.25

(1n).