Da Po-lock
Regular Member
Report says Walker received the rules on Fri. 10/7 and has until 10/21 to either accept or reject them.
Seems quite analogous to state firearms ordinance preemption. Wink, wink, nod to a blind eye.Can these 'rules' go beyond the scope of the law or create situations NOT found in the actual law? Can a law suit be filed IF that were to happen? And what would happen if an individual were in violation of the rules, but still in compliance with the law?
I better clarify my previous post. The governor does have an approval role concerning an administrative rule but only as the top dog of the Executive branch, of which the DoJ is an agency. That is different than his veto authority concerning statutes. Apparently the only role Walker has is approval of submission of the rule or to send it back to the DoJ for rework. Looks to me there could be a turf war looming. Under the emergency rule making authority legislative approval of an emergency rule isn't required for 150 days. The argument then is how much authority do the specific instructions the legislature gave to the DoJ in Act 35 have over the emergency rule making authority.
.GlockRDH:
The rule making process is controlled and managed under ch227 of state statutes. Below is the statute that bestows rule making authority permanently (until removed by the legislature) to the DNR. Carte Blanche rule making authority is rare but the DNR is one agency that has it. The DNR rules can be found under category DR in the Administrative Rules library. The next two quoates are from ch227 of the state stautes. They are pertinent to my post. The question I am pondering is, under ch.227, how much leniency does the DoJ have in regards to the specific instuction the legislature gave it in Act 35, where the legislature granted the DoJ emergency rule making authority in regards to training.
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DNR example
29.014 Rule−making for this chapter. (1) The department
shall establish and maintain open and closed seasons for fish
and game and any bag limits, size limits, rest days and conditions
governing the taking of fish and game that will conserve the fish
and game supply and ensure the citizens of this state continued
opportunities for good fishing, hunting and trapping.
(2) (b) All of the rules promulgated under this chapter are
prima facie reasonable and lawful until found to be otherwise in
a final determination by a court.
(c) Any reference to this chapter includes any rules promulgated
under this chapter and any reference to any provision of this
chapter includes any rules promulgated under that provision.
(3) Any rule of the department is subject to review in the manner
provided in ch. 227, except that if the rule affects only the
county in which the appellant resides, the appeal shall be to the circuit
court of that county.
(4) No person may challenge the validity of a rule promulgated
under this chapter in any prosecution of that person for a
violation of this chapter or rules promulgated under this chapter
unless the person has previously brought a separate action under
s. 227.40 seeking a declaratory judgment on the validity of the
rule.
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Statutes pertinent to Act 35 rule makig
175.60 License to carry a concealed weapon.
(2) ISSUANCE AND SCOPE OF LICENSE. (a) The department
shall issue a license to carry a concealed weapon to
any individual who is not disqualified under sub. (3) and
who completes the application process specified in sub.
(7). A license to carry a concealed weapon issued under
this section shall meet the requirements specified in sub.
(2m).
(b) The department may not impose conditions, limitations,
or requirements that are not expressly provided
for in this section on the issuance, scope, effect, or content
of a license.
227.24 Emergency rules; exemptions. (1) PROMULGATION.
(a) An agency may promulgate a rule as an emergency rule
without complying with the notice, hearing and publication
requirements under this chapter if preservation of the public
peace, health, safety or welfare necessitates putting the rule into
effect prior to the time it would take effect if the agency complied
with the procedures.
(b) An agency acting under s. 186.235 (21), 215.02 (18) or
220.04 (8) may promulgate a rule without complying with the
notice, hearing and publication procedures under this chapter.
(c) A rule promulgated under par. (a) takes effect upon publication
in the official state newspaper or on any later date specified
in the rule and, except as provided under sub. (2), remains in effect
only for 150 days.
227.185 Approval by governor. After a proposed rule is in
final draft form, the agency shall submit the proposed rule to the
governor for approval. The governor, in his or her discretion, may
approve or reject the proposed rule. If the governor approves a
proposed rule, the governor shall provide the agency with a written
notice of that approval. No proposed rule may be submitted
to the legislature for review under s. 227.19 (2) unless the governor
has approved the proposed rule in writing.
This is still a "wait and see" type situation I think.
In my eyes Walker has a chance to redeem himself a little bit here. So far, my plan of "vote for Walker to get gun rights better recognized" plan is not working. It is my hope I won't have to join the "inside-the-Beltline" liberals in ousting his well-polished behind over it. I'd prefer not to have to, but as a single-issue voter November 1st date of having the concealed carry permits all set up and the November 15th start of the recall... it's going to be on my mind. :idea: