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 amended language of section 227.40 (4) (a), which outlines the conditions under which a court can invalidate a rule or guidance document.
Additionally, the bill modifies sections 20.865 (1) (a), (g), and (q) to include specific references to costs associated with legal expenses and judgments related to the challenges of administrative rules. The amendments ensure that the costs awarded for challenges to the validity of rules are covered under the appropriate appropriations. The bill is designed to enhance accountability in administrative rule-making by providing a financial incentive for parties to challenge potentially invalid rules.
Statutes affected: Bill Text: 20.865(1)(a), 20.865, 20.865(1)(g), 20.865(1)(q), 227.40(4)(a), 227.40