Opinion No. Oag 19-91, (1991)

TERENCE M. DUNLEAVY, Executive Director Wisconsin Racing Board

In creating 1987 Wisconsin Act 354, the Legislature did not define "residency" for purposes of owning and operating a racetrack. As a result, the Wisconsin Racing Board (hereafter "Board") used its emergency rulemaking authority to create a definition. Because of controversy over whether the Board's definition is consistent with legislative intent, the Board has asked whether Wisconsin Administrative Code section RACE 1.01(9) (1990) is consistent with the statute. For the reasons which follow, I conclude that the rule promulgated…