WI AB275

Courts must award reasonable attorney fees and costs to any party who successfully challenges an administrative rule or guidance document and has it declared invalid

Rules or guidance documents may be declared invalid if they violate constitutional provisions, exceed agency statutory authority, or were adopted without proper rule-making procedures

When a challenge occurs within a broader judicial proceeding, fee awards are limited to costs specifically associated with the rule validity challenge

State agencies ordered to pay these costs must draw from existing appropriations for judgments and legal expenses under section 20.865

Applies to declaratory judgment actions commenced on or after the effective date of the act