Martinez v. Department of Industry, Labor & Human Relations

The issue in this case is whether sec. 227.26, Stats., is unconstitutional. Section 227.26 authorizes the legislature's Joint Committee for Review of Administrative Rules (JCRAR) to temporarily suspend administrative rules pending bicameral review by the legislature and presentment to the governor for veto or other action.

The Dane county circuit court, the Honorable Susan Steingass, decided that the statute met the requirements of bicameral passage, and the presentment clause did not interfere with the separation of powers doctrine, and, therefore, was constitutional. The court of appeals,…