Senator Kathleen
Vinehout
“We have a hearing scheduled for this
week,” I shared with a friend. She replied that she thought the
Legislature was not in session and all the bills died. “This is
not a hearing about a bill,” I said. “It is a hearing on an
administrative rule.”
“A hearing on an administrative rule?
What’s a rule?” she asked me.
Just like a hearing on a bill, an
administrative rule hearing is an opportunity for the public to
provide input into the making of policy. Last Thursday, the Senate
Committee on Health, Human Services, Insurance and Job Creation
convened to consider an administrative rule.
Often we hear the saying “the devil
is in the details”. The rule making process is truly the details of
legislation.
When a bill is passed the language is
often broad and the details sketchy. To implement or administer the
new law or program, the Legislature gives the responsible state
agency authority to create an administrative rule. State agencies use
their expertise to develop the rule. When finalized, an
administrative rule has the force of law.
There is a specific procedure agencies
follow to promulgate, or make public, a proposed administrative rule.
This procedure requires public hearings. Rules are sent to
legislative committees for review. The Legislature has final say
over the proposed rule and the power resides with the committee
chair. He or she can call for a vote to send the rule back to the
agency for changes or take no committee action and the rule becomes
law.
I serve on the Health committee and our
public hearing was on a controversial rule setting out specifics
related to the regulation and licensing of mental health clinics.
The hearing provided an opportunity for
public discourse among committee members and mental health
professionals and clinic owners from all over the state.
Testimony on the rule lasted nearly
four hours and committee members learned about many positive aspects
of the proposed rule and several serious flaws.
Many at the hearing testified the
proposed rule would put small mental health clinics and independent
mental health professionals out of business. In a letter to
committee members, the Governor’s Small Business Regulatory Review
Board indicated the state Department of Health Services did not
adequately study the effect of the rule on small clinics and solo
practitioners.
I received many letters from social
workers, other mental health professionals and clinic administrators
in our Senate District. Generally the letters have been critical of
the administrative rule. In some cases, the consequences of the rule
becoming law are dire.
After calling several folks who wrote
me (yes, always remember to put your phone number on your letter when
you write), I sent a letter with the concerns of those in our
district to the committee Chair. He will meet with the agency
responsible for writing the rules.
I sometimes hear of burdensome
regulation. Invariably this regulation was crafted by an agency
during the rule-making process.
When a new law requires creation of
administrative rules, we as elected officials depend on citizens to
let us know if the proposed rule fulfills the intent of the
legislation. This is particularly true if we do not serve on the
committee providing oversight.
The Legislature decision-making is only
as good as the information we have. To make the process work,
citizens must be participants and not just observers. I thank the
nearly 40 people who took time to contact me about this rule. Their
comments were influential in the policy debate.
There is much work to be done and we
each have a critical role to play. Together we can continue to make
a difference.
Concerned about administrative
regulations? Let me know! Write Senator Kathleen Vinehout at the
State Capitol P.O. Box 7882 Madison, Wisconsin 53707-7882 or
877-763-6636 (toll free).