Conclusions and Recommendations of the Committee on Administrative Rule Making: Submitted to the Governor and the Legislature, December 1954


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Σελίδα 30 - ... commissioner, the department of securities, the board of tax appeals (except in assessments made under chapter 76), the state board of health, the motor vehicle department, the banking commission, the banking review board, the personnel board, and all other boards, commissions, departments and officers having statewide jurisdiction and authorized by statute to exercise rule-making powers or to adjudicate contested cases ; but said term does not include the governor, or any military or judicial...
Σελίδα 54 - The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question.
Σελίδα 51 - The thought frequently has been voiced, particularly by members of the legislature, that there is a need for better understanding between the legislature and the administrative agencies and between the agencies and the public with respect to administrative rules. This section attempts to meet that need by providing a formal device for screening complaints with respect to rule making and for channeling the pertinent information and recommendations to the legislature. The committee will have advisory...
Σελίδα 30 - Only the provisions of ss. 227.01 to 227.21 relative to rules are applicable to matters arising out of the workmen's compensation act or the unemployment compensation act.
Σελίδα 55 - On petition of any interested person, any agency may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it.
Σελίδα 31 - ... rule. The fact that a statement of policy or an interpretation of a statute is made in the decision of a case or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts involved does not render the same a rule within sub. (3) or constitute specific adoption thereof by the agency so as to be required to be issued and filed as provided in this subsection. (5) "Rule
Σελίδα 42 - The secretary of state shall endorse on the copy of each rule filed with him the date of filing. He shall keep a permanent file of such rules.
Σελίδα 55 - ... rule or statute enforced by it. Full opportunity for hearing shall be afforded to interested parties. A declaratory ruling shall bind the agency and all parties to the proceedings on the state of facts alleged, unless it is altered or set aside by a court. A ruling other than one made upon a reference under s. 227.05 (2) shall be subject to review in the circuit court in the manner provided for the review of administrative decisions in contested cases.
Σελίδα 5 - Laws 1953, which created the committee on administrative rule making, directed the committee to "make a study of problems relating to the rule-making powers and activities of administrative agencies, including the feasibility of placing limitations on the rule-making powers of administrative agencies and of establishing a more uniform procedure for administrative rule making.
Σελίδα 34 - Each agency is authorized to adopt such rules interpreting the provisions of statutes enforced or administered by it as it considers to be necessary to effectuate the purpose of the statutes, but such rules are not valid if they exceed the bounds of correct interpretation.

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