Bill > AB275

This bill modifies Wisconsin's administrative law by changing how legal challenges to administrative rules are handled, specifically by mandating that courts award reasonable attorney fees and costs to parties successfully challenging the validity of a rule or guidance document. The bill amends several sections of Wisconsin statutes, primarily focusing on section 227.40, which governs judicial review of administrative rules. Under the new provisions, if a court finds that a rule or guidance document violates constitutional provisions, exceeds an agency's statutory authority, or was improperly promulgated, the court must award attorney fees and costs to the party challenging the rule, regardless of previous fee limitations. The bill also updates appropriation sections (20.865) to ensure that these costs can be paid from existing budget allocations. The changes aim to provide a clearer mechanism for challenging administrative rules and potentially discourage agencies from creating rules that might exceed their legal authority by introducing a financial consequence for improper rule-making. The bill will first apply to declaratory judgment actions commenced on its effective date.

Government Affairs

https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab275