Skip to main content

An affiliate of Wisconsin Manufacturers & Commerce

JCRAR Orders DHS Emergency Order Go Through Emergency Rulemaking

The Joint Committee for Review of Administrative Rules voted 6-4 Monday to require the Wisconsin Department of Health and Human Services to put their emergency order limiting businesses to 25% indoor capacity through the emergency rule-making process.

DHS released Emergency Order #3 on October 6 announcing more restrictions on public gatherings. The order has already drawn considerable controversy, with the City of Milwaukee announcing it will continue to enforce its local COVID-19 plan instead.

DHS’s Secretary Palm claims the new order falls within the authority left to her in an emergency after the Wisconsin Supreme Court’s ruling earlier this year in Wisconsin Legislature v. Palm. JCRAR, however, insists the order met the definition of a rule and must go through emergency rulemaking.

The dispute could very likely go to court.