The Joint Committee for Review of Administrative Rules recently held an executive session on the Department of Health Services' Emergency Order No. 3 on limiting public gatherings. During their meeting, they voted to direct DHS to issue an Emergency Rule on Gathering Limits within 30 days. Committee member Senator Chris Larson (D-Milwaukee) opposed the motion saying that it would delay further action in Wisconsin to address the pandemic. "It seems asinine to have an academic discussion in an ivory tower about whether an emergency rule is subject to the rule-making oversight or whether they have the authority to make the rule as it exists," Sen. Larson said. Committee Co-Chair Senator Stephen Nass (R-Whitewater) argued that DHS is not following the law and noted the Supreme Court decision earlier this year that determined how they must proceed. "The DHS Secretary-designee Palm is running a rogue agency," Sen. Nass said. "The reason that the statute is there...is to give JCRAR...the power to address an agency going beyond the consent of the governed, and that's what is happening and we can't just let it slide and ignore it."

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