Assembly Bill 275 proposes amendments to several sections of the Wisconsin statutes concerning the challenges to the validity of administrative rules. The bill stipulates that if a court declares an administrative rule invalid, it must award reasonable attorney fees and costs to the party asserting the invalidity. This provision is included in the amendment to section 227.40 (4) (a), which outlines the conditions under which a court must declare a rule or guidance document invalid.
Additionally, the bill amends sections 20.865 (1) (a), (g), and (q) to include references to costs associated with challenges to the validity of rules under section 227.40. These amendments ensure that legal expenses related to such challenges are covered under the appropriate appropriations. The bill aims to enhance accountability in administrative rule-making by providing a financial incentive for parties to challenge potentially invalid rules. The changes will take effect for actions for declaratory judgment commenced on the effective date of the bill.
Statutes affected: Bill Text: 20.865(1)(a), 20.865, 20.865(1)(g), 20.865(1)(q), 227.40(4)(a), 227.40