How is an administrative rule promulgated?
A rule is created, amended, or repealed through what’s known as a “promulgation process.” Rule promulgations generally take at least about 6 months from start to finish, and may take much longer. The purpose of the promulgation process is to ensure that the public and the legislature have an opportunity to participate in the rulemaking process and that all perspectives are considered in the development of a final regulation. Rule promulgations may be for either permanent or emergency rules. Each permanent rule promulgation process begins with the agency’s issuance of a “Statement of Scope,” which is the agency’s public notice that it intends to begin the development of a permanent rule. The agency may submit an initial proposed rulemaking order to the Legislative Council Rules Clearinghouse no sooner than 10 days after the Statement of Scope is published in the Wisconsin Administrative Register. The Clearinghouse generally submits comments on the initial proposed rule within the follow