Administrative Rule Petitions
An underutilized advocacy tool at the public's disposal is our ability to influence state agency policy through the administrative rule process. Wisconsin Statute 227.12 explicitly grants any five persons the ability to petition a state agency to enact an administrative rule.
What are Administrative Rules?
Administrative rules are regulations issued by a state agency (i.e. Department of Corrections) specific to the administration, management, operations, and programs of the said agency. Administrative rules function to give guidance on how an agency shall interpret, apply, and execute specific laws. Finally, administrative rules govern the organization and procedures of the state agency itself. Each state agency has the legal authority to adopt as many or as few administrative rules as it deems necessary to effectively carry out its responsibilities. Administrative rules have the full force and effect of law as it is they govern the application of laws to the agency’s functions.
How do Administrative Rules Work?
A state agency is allowed to determine what is the proper interpretation of a statute, as well as how to best carry out its programs and services, with some oversight mechanisms. Each state agency develops its own systems, methods, and processes to fulfill its obligations, and how it will conduct business with its clients. Specific to the DOC, administrative rules are the "guidepost" for the day-to-day policies and practices of how it manages and provides services to individuals in its custody/supervision.
Examples of Administrative Rules
The Department of Corrections administrative rules can be seen here. These rules govern areas of inmate care, programming, and management including disciplinary practices/processes, classification, solitary confinement, and community supervision. These rules contribute to the current state of our correctional system. The DOC often communicates its "hands are tied" because of the actions of the legislature and Governor, but the truth is that the department oftentimes creates its own challenges out of a refusal to adopt innovation changes to the administrative rules.
How Can I Use the Administrative Rule Process to Make a Difference?
The DOC can adopt virtually any rule it deems necessary to fulfill its responsibilities. As such, the public can formally request the DOC to adopt a rule specific to any area of inmate custody, care, programming, treatment, supervision, and/or service, as well as most any area of operational management. It is important to view the administrative rules as opportunities to lay out direct, concise language which holds the DOC accountable to specific actions and approaches when caring for incarcerated individuals.
W.S.A. 227.12 sets forth the specific requirements a group of five or more individuals must include in their petition for the adoption of an administrative rule. The requirements are:
1. What is the nature of the rule? Identify the subject matter or issue you are looking to address.
2. What is the reason for the request? Answer why this rule is necessary. Whenever possible, be sure to include any relevant data/research/evidence that supports the request. And finally, highlight the benefits and/or protections such a rule would provide.
3. What is your interest in the rule? The answer to this can be as simple as being loved ones of those incarcerated.
4. Referencing the agency's authority to promulgate the rule. This is standard language, and will be provided in a sample template below. Promulgate is the ability to enact the rule.
5. What is the proposed rule language? Lay out the proposed rule in detail.
Please click here for a template of a petition. Please click here to view an administrative rule LSCI is currently working on.
What Happens After Submitting the Petition?
W.S.A. 227.12 mandates the agency to respond to the request in writing either accepting or rejecting the proposed rule with a detailed statement for their reasoning. The statute does not dictate how quickly the DOC must respond, except to stipulate a reasonable period.
How does Using the Administrative Rule Process Make Any Difference?
Frankly, it is likely the DOC will reject any proposed rule put before them. The agency has been highly resistant to outside ideas. Even so, applying external pressure forces the agency to account for its decision-making processes, and it is this accountability that can and will pave the way for change through the DOC, the Governor's office, and/or the state legislature. The DOC has long relied upon its ability to exist with little to no public accountability due to the nature of corrections. Submitting these petitions forces the DOC to be more transparent.
If you have an idea about an administrative rule, please do not hesitate to contact us. We are happy to provide additional information, answer your questions, and collaborate with you to initiate this advocacy process.