Wisconsin Administrative Code Department of Administration
1. What the Wisconsin Administrative Code Is
The Wisconsin Administrative Code is the collection of rules created by state agencies to carry out statutes passed by the Wisconsin Legislature.
Statutes (Wisconsin Statutes) = laws passed by the legislature
Administrative rules (Administrative Code) = detailed regulations written by agencies to implement those laws
Administrative rules have the force of law, but they:
Must be authorized by statute
Cannot conflict with statutes or the Wisconsin Constitution
2. Authority of the Department of Administration (DOA)
The Department of Administration is created under Wisconsin Statutes Chapter 16.
Its role is largely centralized management of state government operations.
DOA’s General Responsibilities
DOA oversees:
State budgeting and fiscal management
State employee compensation and benefits (in coordination with DPM)
Procurement and contracting
Risk management and insurance
State facilities and real estate
Information technology policy
Municipal financial programs
Administrative services for other agencies
3. DOA Rules in the Administrative Code
Rules issued by DOA generally appear in the ADM chapters of the Wisconsin Administrative Code.
These rules are procedural and operational, not criminal or regulatory in the traditional sense.
Common Rule Areas
State purchasing and procurement
Grants and aid administration
Financial reporting and accounting standards
Building and facilities management
Fleet and property control
Insurance and risk management
Municipal finance programs
4. Legal Effect of DOA Rules
DOA administrative rules:
Are binding on state agencies
Often apply to vendors, municipalities, and grant recipients
May affect private parties indirectly (for example, companies contracting with the state)
However:
DOA rules do not override statutes
DOA cannot create new powers beyond what the legislature authorizes
5. Rulemaking Limits: Wisconsin Case Law
1. Chenery Doctrine (Wisconsin Application)
Wisconsin courts follow the principle that:
An agency must act within the authority granted by statute.
If a DOA rule goes beyond statutory authority, it is invalid.
2. Wisconsin Legislature v. Palm
This case clarified that:
Administrative agencies cannot use emergency or general authority to create policy decisions reserved for the legislature
Agencies must point to clear statutory authorization
Impact on DOA:
DOA rules must be firmly grounded in Chapter 16 or other specific statutes.
3. Harnischfeger Corp. v. LIRC
Key principle:
Administrative rules cannot contradict clear statutory language.
Application:
If a DOA rule conflicts with a statute governing state finance or procurement, the statute controls.
4. Kimberly-Clark Corp. v. Public Service Commission
This case limited agency deference.
Courts:
No longer automatically defer to an agency’s interpretation of law
Independently review statutory meaning
Effect on DOA:
DOA interpretations of statutes in its rules or policies are subject to strict judicial review.
5. Brown County v. DHSS
Held that:
Agencies cannot impose obligations on political subdivisions unless clearly authorized
Application:
DOA rules affecting municipalities (grants, reporting, aid programs) must be clearly authorized by statute.
6. Enforcement and Compliance
DOA does not typically enforce rules through penalties like regulatory agencies.
Instead, enforcement occurs through:
Contract compliance
Grant conditions
Withholding of funds
Administrative determinations
Budgetary controls
Disputes are usually resolved via:
Administrative review
Contested cases (when applicable)
Judicial review under Chapter 227
7. Judicial Review of DOA Actions
DOA decisions may be reviewed under Wisconsin Statutes Chapter 227.
Courts examine:
Whether DOA acted within statutory authority
Whether proper rulemaking procedures were followed
Whether the decision was arbitrary or capricious
Whether constitutional rights were affected
8. Key Legal Principles Governing DOA Rules
No inherent power – DOA only has authority granted by statute
Rules must implement, not create, law
Statutes override administrative rules
Courts independently interpret law
Procedural compliance is mandatory
9. Practical Summary
The DOA’s administrative code rules are management-focused, not punitive
They control how state government operates
Courts closely scrutinize DOA rules for statutory authority
Case law consistently limits administrative overreach
DOA rules are strongest when they are narrow, procedural, and clearly authorized
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