Wisconsin § 227.40 - Declaratory judgment proceedings.

§ 227.40. Declaratory judgment proceedings.

227.40(1) (1) Except as provided in sub. (2) , the exclusive means of judicial review of the validity of a rule or guidance document shall be an action for declaratory judgment as to the validity of the rule or guidance document brought in the circuit court for the county where the party asserting the invalidity of the rule or guidance document resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, in the circuit court for the county where the dispute arose. The officer or other agency whose rule or guidance document is involved shall be the party defendant. The summons in the action shall be served as provided in s. 801.11 (3) and by delivering a copy to that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency or to any member of the agency. The court shall render a declaratory judgment in the action only when it appears from the complaint and the supporting evidence that the rule or guidance document or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule or guidance document in question. 227.40(2) (2) The validity of a rule or guidance document may be determined in any of the following judicial proceedings when material therein: 227.40(2)(a) (a) Any civil proceeding by the state or any officer or agency thereof to enforce a statute or to recover thereunder, provided such proceeding is not based upon a matter as to which the opposing party is accorded an administrative review or a judicial review by other provisions of the statutes and such opposing party has failed to exercise such right to review so accorded. 227.40(2)(b) (b) Criminal prosecutions. 227.40(2)(c) (c) Proceedings or prosecutions for violations of county or municipal ordinances. 227.40(2)(d) (d) Habeas corpus proceedings relating to criminal prosecution. 227.40(2)(e) (e) Proceedings under s. 66.191 , 1981 stats., or s. 40.65 (2) ,