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Wisconsin Statutes

Wis. Stat. § 227.21 (2026)

Publication of rules; incorporation by reference

✓ current as of July 2026
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227.21227.21 Publication of rules; incorporation by reference.
227.21(1)(1) The legislative reference bureau shall publish all rules that agencies are directed by this chapter to file with the legislative reference bureau under s. 227.20 in the register and shall publish all permanent rules that agencies are directed by this chapter to file with the legislative reference bureau under s. 227.20 in the code, as provided in s. 35.93.
227.21(2)(2) 
227.21(2)(a)(a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.
227.21(2)(b)(b) The attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disc or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the legislative reference bureau.
227.21(2)(c)(c) An agency that adopts standards under par. (a) may provide the legislative reference bureau with one or more Web addresses to provide electronic access to the standards for publication in conjunction with the publication of the Wisconsin administrative code and register under s. 35.93.
227.21(3)(3) A rule promulgated jointly by 2 or more agencies need not be published in more than one place in the code.
227.21(4)(4) Agency materials that are exempt from the requirements of this chapter under s. 227.01 (13) may be published, either verbatim or in summary form, if the promulgating agency and the legislative reference bureau determine that the public interest would be served by publication.
227.21 HistoryHistory: 1985 a. 182; 1987 a. 403; 2001 a. 65; 2005 a. 249; 2007 a. 20, 96, 180; 2013 a. 20; 2015 a. 196; 2021 a. 246.
227.21 AnnotationConsent may not be given to incorporate by reference the U.S. Code or federal regulations, except rules meeting the definition of a technical standard. Material incorporated by reference cannot include future amendments thereto. 59 Atty. Gen. 31. See also 68 Atty. Gen. 9.
Notes of Decisions
Cited in 13 cases, 1961–1992 · leading case: Chevron Chem. Co. v. Deloitte & Touche, 483 N.W.2d 314 (Wis. Ct. App. 1992).
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Chevron Chem. Co. v. Deloitte & Touche, 483 N.W.2d 314 (Wis. Ct. App. 1992). · cites it 14× “[27] Section 227.21 (2) (a), Stats. [28] For example, the following are generally required for an incorporation by reference of a professional standard into the Wisconsin Administrative Code as an administrative rule: (1) there must be a reference to a specific issue or issues…”
Milwaukee Area Jt. Plumbing Apprenticeship Comm. v. Dep't of Indus., Labor & Human Relations, 493 N.W.2d 744 (Wis. Ct. App. 1992). · cites it 4× “Section 227.21. Since that procedure was not followed, DILHR contends that the Manual is not a rule.”
Laufenberg v. Cosmetology Examining Bd., 274 N.W.2d 618 (Wis. 1979). · cites it 2× “10 are unreasonable regulations violative of the due process and equal protection clauses? In a ch.”
Nick v. State High. Comm'n, 109 N.W.2d 71 (Wis. 1961). · cites it 2× “We hold that the relief of judicial review of the administrative decision provided by statute is the exclusive remedy, with right of appeal from the reviewing court to the supreme court, per sec. 227.21, Stats. Appellant did not exhaust her remedy of judicial review.”
Bearns v. Dep't of Indus., Labor & Human Relations, 306 N.W.2d 22 (Wis. 1981). “, sec. 227.21, Stats., which authorizes appeals in other administrative review cases only from “the final judgment of the circuit court.”
Nick v. State High. Comm'n, 124 N.W.2d 574 (Wis. 1963). “As we said in the previous Nick Case, at page 518a: “We hold that the relief of judicial review of the administrative decision provided by statute is the exclusive remedy, with right of appeal from the reviewing court to the supreme court, per sec. 227.21, Stats. Appellant did…”
Wisconsin State Employees Union v. Henderson, 317 N.W.2d 170 (Wis. Ct. App. 1982). “, is applicable to administrative appeals under sec. 227.21, Stats., when notice is given by mail, because the time for appeal runs from the time of the notice of entry of judgment or order.”
Bearns v. Dep't of Indus., Labor & Human Relations, 295 N.W.2d 765 (Wis. Ct. App. 1980). · cites it 5× “The parties were ordered to file memorandum briefs on the question of whether the appeal should be dismissed as an appeal from a nonappealable order in light of sec. 227.21, Stats., the applicable sections of ch.”
Town of Ashwaubenon v. Pub. Serv. Comm'n, 113 N.W.2d 412 (Wis. 1962). · cites it 2× “*448 We have examined the statutes relating generally to appeals to discover whether they expressly or by clear implication authorize an appeal from an order denying a motion to dismiss a proceeding for review, notwithstanding the presence in sec. 227.21, Stats., of a provision…”
Underwood v. Karns, 124 N.W.2d 116 (Wis. 1963). ““We hold that the relief of judicial review of the administrative decision provided by statute is the exclusive remedy, with right of appeal from the reviewing court to the supreme court, per sec. 227.21, Stats. Appellant did not exhaust her remedy of judicial review.”
Forsberg Paper Box Co. v. Dep't of Taxation, 109 N.W.2d 457 (Wis. 1961). “” The appeal before this court is governed by sec. 227.21, Stats. 1959. 1 Forsberg Paper Box Company is a Wisconsin corporation located in the city of Madison and engaged in the manufacturing and selling of paper boxes.”
Margoles v. Ross, 67 F.R.D. 666 (W.D. Wis. 1975). · cites it 2× “21, to review a Dane County, Wisconsin, Circuit Court judgment affirming a decision of the Wisconsin State Board of Medical Examiners denying a favorable recommendation for restoration of plaintiff’s license. The State Supreme Court decision is well written and highly…”
Show all 13 citing cases →
Wis. Stat. § 227.21(1): 1 case
Milwaukee Area Jt. Plumbing Apprenticeship Comm. v. Dep't of Indus., Labor & Human Relations, 493 N.W.2d 744 (Wis. Ct. App. 1992). “Section 227.21. Since that procedure was not followed, DILHR contends that the Manual is not a rule.”
Wis. Stat. § 227.21(2)(a): 1 case
Chevron Chem. Co. v. Deloitte & Touche, 483 N.W.2d 314 (Wis. Ct. App. 1992). “[27] Section 227.21 (2) (a), Stats. [28] For example, the following are generally required for an incorporation by reference of a professional standard into the Wisconsin Administrative Code as an administrative rule: (1) there must be a reference to a specific issue or issues…”
Wis. Stat. § 227.21(2)(b): 1 case
Chevron Chem. Co. v. Deloitte & Touche, 483 N.W.2d 314 (Wis. Ct. App. 1992). “[27] Section 227.21 (2) (a), Stats. [28] For example, the following are generally required for an incorporation by reference of a professional standard into the Wisconsin Administrative Code as an administrative rule: (1) there must be a reference to a specific issue or issues…”
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