Wisconsin Statutes
Wis. Stat. § 227.05 (2026)
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227.05227.05 Agency publications. An agency, other than the Board of Regents of the University of Wisconsin System, the Technical College System Board, or the department of employee trust funds, shall identify the applicable provision of federal law or the applicable state statutory or administrative code provision that supports any statement or interpretation of law that the agency makes in any publication, whether in print or on the agency’s Internet site, including guidance documents, forms, pamphlets, or other informational materials, regarding the laws the agency administers.
227.05 NoteNOTE: In Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, the Wisconsin Supreme Court held that this section is facially unconstitutional to the extent that it addresses guidance documents.
227.05 AnnotationThe legislature may enact the laws the executive is duty-bound to execute, but it may not control the executive’s knowledge or intentions about those laws. Nor may the legislature mute or modulate the communication of the executive’s knowledge or intentions to the public. Because there was no set of facts pursuant to which this section, to the extent it applied to guidance documents, and s. 227.112 would not impermissibly interfere with the executive’s exercise of core constitutional power, they were in that respect facially unconstitutional. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.
Notes of Decisions
Cited in 34
cases (1 in the last 5 years), 1958–2021 · leading case: Sewerage Comm'n of Milwaukee v. Dep't of Nat. Resources, 307 N.W.2d 189 (Wis. 1981).
Sewerage Comm'n of Milwaukee v. Dep't of Nat. Resources, 307 N.W.2d 189 (Wis. 1981). “The declaratory judgment action therein was not against a "rule" but against an "order," and was thus not, apparently, brought under sec. 227.05, Stats., but under the general declaratory judgment statutes.”
Harris v. Reivitz, 417 N.W.2d 50 (Wis. Ct. App. 1987). “The trial court said only that it lacked jurisdiction to render a declaratory judgment under sec. 227.05, Stats., without distinguishing between personal and subject matter jurisdiction.”
Liberty Homes, Inc. v. Dep't of Indus., Labor & Human Relations, 401 N.W.2d 805 (Wis. 1987). “The record in this case, as well as the continued growth and complexity of administrative rulemaking, leads us to conclude that trial courts should insist that *377 parties challenging administrative rules clearly state which type of challenge under sec. 227.05, Stats., is being…”
Aetna Life Ins. v. Mitchell, 303 N.W.2d 639 (Wis. 1981). “Aetna brought this declaratory judgment action in Dane county circuit court seeking judicial review of the rule pursuant to sec. 227.05, Stats. 1979-80. [3] Sec. 227.”
Seider v. O'connell, 2000 WI 76 (Wis. 2000). “" Wis. Stat. § 227.05 (2) (1953-54). ¶ 23. Chapter 227 was revised in 1955, [3] leading to two current statutes.”
Citizens for Sensible Zoning, Inc. v. Dep't of Nat. Resources, 280 N.W.2d 702 (Wis. 1979). “Chapter 227 of the statutes provides j udicial review for two distinct types of administrative agency actions: rules (sec. 227.05, Stats.) 10 and administrative decisions (sec.”
State Ex Rel. Hensley v. Endicott, 2001 WI 105 (Wis. 2001). “221, Laws of 1955; Wis. Stat. § 227.05 (1955). [1] See Wis. Admin.”
Josam Mfg. Co. v. State Bd. of Health, 133 N.W.2d 301 (Wis. 1965). “This action for declaratory judgment was commenced in the circuit court for Dane county by summons and complaint pursuant to sec. 227.05, Stats. After preliminary motions concerning the complaint were made and disposed of, the defendant answered the complaint but did not move to…”
Schoolway Transp. Co. v. Div. of Motor Vehs., 240 N.W.2d 403 (Wis. 1976). “Schoolway initiated this action by filing a complaint with the circuit court requesting a declaratory judgment under either sec. 227.05, Stats., or sec. 269.56, depending on whether the revised application was determined to be an administrative rule.”
Heritage Credit Union v. Off. of Credit Unions, 2001 WI App 213 (Wis. Ct. App. 2001). “The court stated that Wis. Stat. § 227.05 (2)(e) (1973) (now Wis.”
State of Wisconsin Pub. Intervenor v. Wisconsin Dep't of Nat. Resources, 339 N.W.2d 324 (Wis. 1983). “This is an action brought under sec. 227.05, Stats., [2] by the State of Wisconsin public intervenor, petitioner-appellant-cross-respondent, to challenge a rule adopted by the Wisconsin Department of Natural Resources (DNR) and the Natural Resources Board (NRB) pursuant to sec.”
R. T. Madden, Inc. v. Dep't of Indus., Labor & Human Relations, 169 N.W.2d 73 (Wis. 1969). “All orders of the industrial commission in conformity with law shall be in force, and shall be prima facie lawful; and all such orders shall be valid and in force, and prima facie reasonable and lawful until they are found otherwise upon judicial review thereof pursuant to…”
— Wis. Stat. § 227.05(1) — 8 cases
Harris v. Reivitz, 417 N.W.2d 50 (Wis. Ct. App. 1987). “The trial court said only that it lacked jurisdiction to render a declaratory judgment under sec. 227.05, Stats., without distinguishing between personal and subject matter jurisdiction.”
Sewerage Comm'n of Milwaukee v. Dep't of Nat. Resources, 307 N.W.2d 189 (Wis. 1981). “The declaratory judgment action therein was not against a "rule" but against an "order," and was thus not, apparently, brought under sec. 227.05, Stats., but under the general declaratory judgment statutes.”
Liberty Homes, Inc. v. Dep't of Indus., Labor & Human Relations, 401 N.W.2d 805 (Wis. 1987). “The record in this case, as well as the continued growth and complexity of administrative rulemaking, leads us to conclude that trial courts should insist that *377 parties challenging administrative rules clearly state which type of challenge under sec. 227.05, Stats., is being…”
Aetna Life Ins. v. Mitchell, 303 N.W.2d 639 (Wis. 1981). “Aetna brought this declaratory judgment action in Dane county circuit court seeking judicial review of the rule pursuant to sec. 227.05, Stats. 1979-80. [3] Sec. 227.”
Liberty Homes, Inc. v. Dep't of Indus., Labor & Human Relations, 374 N.W.2d 142 (Wis. Ct. App. 1985).
— Wis. Stat. § 227.05(2) — 4 cases
Aetna Life Ins. v. Mitchell, 303 N.W.2d 639 (Wis. 1981). “Aetna brought this declaratory judgment action in Dane county circuit court seeking judicial review of the rule pursuant to sec. 227.05, Stats. 1979-80. [3] Sec. 227.”
Liberty Homes, Inc. v. Dep't of Indus., Labor & Human Relations, 401 N.W.2d 805 (Wis. 1987). “The record in this case, as well as the continued growth and complexity of administrative rulemaking, leads us to conclude that trial courts should insist that *377 parties challenging administrative rules clearly state which type of challenge under sec. 227.05, Stats., is being…”
Sewerage Comm'n of Milwaukee v. Dep't of Nat. Resources, 307 N.W.2d 189 (Wis. 1981). “The declaratory judgment action therein was not against a "rule" but against an "order," and was thus not, apparently, brought under sec. 227.05, Stats., but under the general declaratory judgment statutes.”
Phillips Plastics Corp. v. Dep't of Nat. Resources, 297 N.W.2d 69 (Wis. Ct. App. 1980).
— Wis. Stat. § 227.05(3) — 1 case
Dean Foods Co. v. Foley, 370 N.W.2d 588 (Wis. Ct. App. 1985).
— Wis. Stat. § 227.05(4) — 2 cases
Liberty Homes, Inc. v. Dep't of Indus., Labor & Human Relations, 401 N.W.2d 805 (Wis. 1987). “The record in this case, as well as the continued growth and complexity of administrative rulemaking, leads us to conclude that trial courts should insist that *377 parties challenging administrative rules clearly state which type of challenge under sec. 227.05, Stats., is being…”
Aetna Life Ins. v. Mitchell, 303 N.W.2d 639 (Wis. 1981). “Aetna brought this declaratory judgment action in Dane county circuit court seeking judicial review of the rule pursuant to sec. 227.05, Stats. 1979-80. [3] Sec. 227.”
— Wis. Stat. § 227.05(5) — 2 cases
Harris v. Reivitz, 417 N.W.2d 50 (Wis. Ct. App. 1987). “The trial court said only that it lacked jurisdiction to render a declaratory judgment under sec. 227.05, Stats., without distinguishing between personal and subject matter jurisdiction.”
Richards v. Young, 426 N.W.2d 117 (Wis. Ct. App. 1988).
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