AB651,81,158
93.06
(8) Prescribe conditions of licenses. Issue Except as provided in s.
993.135, issue any permit, certificate, registration or license on a temporary or
10conditional basis, contingent upon pertinent circumstances or acts. If the temporary
11or conditional permit, certificate, registration or license is conditioned upon
12compliance with chs. 93 to 100, ch. 127, a rule promulgated by the department or a
13regulation adopted under s. 97.41 (7) within a specified period of time and the
14condition is not met within the specified period, the permit, certificate, registration
15or license shall be void.
AB651, s. 90
16Section
90. 93.11 (1) of the statutes is amended to read:
AB651,81,2517
93.11
(1) The Except as provided in s. 93.135, the department, upon
18presentation of satisfactory evidence that the applicant is competent, may issue a
19license to any person to certify the grade of food products or farm products or of
20receptacles therefor, for which standards have become effective under s. 93.09. The
21purpose of such certification may be either to enforce the standard or merely to
22furnish to an interested party an official statement of the grade. A certificate issued
23under this section, unless superseded by a finding as provided in sub. (4), shall be
24accepted in any court of this state as prima facie evidence of the facts to which the
25certificate relates.
AB651, s. 91
1Section
91. 93.135 of the statutes is created to read:
AB651,82,5
293.135 License denial, nonrenewal, suspension or restriction based on
3failure to pay support. (1) The department shall require each applicant who is
4an individual to provide the department with the applicant's social security number
5as a condition of issuing or renewing any of the following:
AB651,82,66
(a) A license under s. 93.11.
AB651,82,77
(am) A license under s. 93.35 (4).
AB651,82,88
(b) A license under s. 94.10 (3) or (4).
AB651,82,99
(bm) A license under s. 94.43.
AB651,82,1010
(c) A registration under s. 94.50 (2).
AB651,82,1111
(cm) A license under s. 94.64 (3).
AB651,82,1212
(d) A license under s. 94.65 (2).
AB651,82,1313
(dm) A license under s. 94.66 (2).
AB651,82,1414
(e) A license under s. 94.68 (1).
AB651,82,1515
(em) A license under s. 94.685.
AB651,82,1616
(f) A license under s. 94.703.
AB651,82,1717
(fm) A license under s. 94.704.
AB651,82,1818
(g) A certification under s. 94.705.
AB651,82,1919
(gm) A license under s. 94.72 (5).
AB651,82,2020
(h) A license under s. 95.68 (2).
AB651,82,2121
(hm) A license under s. 95.69 (2).
AB651,82,2222
(i) A license under s. 95.71 (2).
AB651,82,2323
(im) A license under s. 95.72 (2).
AB651,82,2424
(j) A license under s. 97.17 (2).
AB651,82,2525
(jm) A license under s. 97.175 (2).
AB651,83,1
1(k) A license under s. 97.20 (2).
AB651,83,22
(km) A license under s. 97.21 (2) or (3).
AB651,83,33
(L) A license under s. 97.22 (2).
AB651,83,44
(m) A license under s. 97.27 (2).
AB651,83,55
(mm) A license under s. 97.29 (2).
AB651,83,66
(n) A license under s. 97.30 (2).
AB651,83,77
(nm) A license or registration certificate under s. 97.42 (2).
AB651,83,88
(p) A license under s. 98.145.
AB651,83,99
(pm) A license under s. 98.146.
AB651,83,1010
(q) A license under s. 98.16 (2).
AB651,83,1111
(qm) A license under s. 98.18 (1) (a).
AB651,83,1212
(r) A license under s. 99.02 (1).
AB651,83,1313
(rm) A registration certificate under s. 100.03 (2).
AB651,83,1414
(s) A license under s. 127.02 (1).
AB651,83,1515
(sm) A license under s. 127.03 (1).
AB651,83,19
16(2) The department of agriculture, trade and consumer protection may not
17disclose any information received under sub. (1) to any person except to the
18department of workforce development in accordance with a memorandum of
19understanding under s. 49.857.
AB651,84,4
20(3) The department shall deny an application for the issuance or renewal of a
21license, registration, registration certificate or certification specified in sub. (1) or
22shall suspend or restrict a license, registration, registration certificate or
23certification specified in sub. (1) for failure to make court-ordered payments of child
24or family support, maintenance, birth expenses, medical expenses or other expenses
25related to the support of a child or a former spouse or failure to comply, after
1appropriate notice, with a subpoena or warrant issued by the department of
2workforce development or a county child support agency under s. 59.53 (5) and
3relating to paternity or child support proceedings, as required in a memorandum of
4understanding under s. 49.857.
AB651, s. 92
5Section
92. 93.35 (10) of the statutes is amended to read:
AB651,84,96
93.35
(10) Restoration of license or permit. (a) At any time after the
7suspension or revocation of a license or permit
under sub. (9) (a) the department may
8restore it to the licensee or permittee upon a finding that the requirements for
9issuance of an original license or permit have been met by the licensee or permittee.
AB651,84,1210
(b) At any time after the refusal to renew a license or permit
under sub. (9) (b) 11the department may renew it upon a finding that the requirements for issuance of
12an original license or permit have been met by the licensee or permittee.
AB651, s. 93
13Section
93. 94.65 (3) (c) 1. of the statutes is amended to read:
AB651,84,1614
94.65
(3) (c) 1.
If Except as provided in s. 93.135, if the department finds that
15the applicant has fulfilled the requirements of par. (b), the department shall issue
16a permit.
AB651, s. 94
17Section
94. 94.66 (8) of the statutes is amended to read:
AB651,84,2418
94.66
(8) The Except as provided in s. 93.135, the department may revoke a
19license, after reasonable notice, only for wilful failure to comply with any of the
20provisions of this section and in the event the license is revoked the licensee may
21have the order of revocation reviewed by the circuit court of the county wherein the
22producing plant is located and the review by the court shall be of all questions therein
23whether of fact or law; any such appeal must be taken within 20 days of the date of
24the service of the order of revocation upon the licensee.
AB651, s. 95
25Section
95. 95.72 (2) (c) 5. of the statutes is amended to read:
AB651,85,2
195.72
(2) (c) 5.
A Subject to s. 93.135, a person may renew a license by
2submitting the required license fee and renewal form.
AB651, s. 96
3Section
96. 99.02 (1) of the statutes is amended to read:
AB651,85,164
99.02
(1) Application. Except as provided in sub. (2), no person may operate
5a warehouse, including a cold storage warehouse, for the storage of property as bailee
6for hire without a public warehouse keeper's license. A person desiring a public
7warehouse keeper's license shall apply on a form furnished by the department and
8shall set forth the location, size, character and equipment of the building or premises
9to be used by the applicant, the kinds of goods intended to be stored, the name of each
10partner if a partnership or of each member if a limited liability company, the names
11of the officers if a corporation, and such other facts as the department requires to
12show that the property proposed to be used is suitable for a warehouse and that the
13applicant is qualified as a public warehouse keeper.
If Subject to s. 93.135, if the
14property proposed to be used is suitable for a public warehouse and the applicant is
15otherwise qualified, a license shall be issued upon payment of the license fee under
16sub. (3) and the filing of security or insurance as required under s. 99.03.
AB651, s. 97
17Section
97. 100.06 (1g) (c) of the statutes is amended to read:
AB651,86,218
100.06
(1g) (c) The department shall require the applicant to file a financial
19statement of his or her business operations and financial condition that meets the
20requirements of par. (d). The licensee, during the term of his or her license, may be
21required to file such statements periodically. All such statements shall be
22confidential and shall not be open for public inspection
, except that the department
23shall open such statements for inspection if requested under s. 49.22 (2m) by the
24department of workforce development or a county child support agency under s.
2559.53 (5). The department may require such statements to be certified by a public
1accountant. Such statements and audits, when made by the department, shall be
2paid for at cost.
AB651, s. 98
3Section
98. 101.02 (21) of the statutes is created to read:
AB651,86,94
101.02
(21) (a) In this subsection, "license" means a license, permit or
5certificate of certification or registration issued by the department under s. 101.09
6(3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178
7(2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.95, 145.02
8(4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10
9(6m).
AB651,86,1610
(b) As provided in the memorandum of understanding under s. 49.857, the
11department of commerce may not issue or renew a license unless the applicant
12provides the department of commerce with his or her social security number. The
13department of commerce may not disclose the social security number except that the
14department of commerce may disclose the social security number of an applicant for
15a license under par. (a) or a renewal of a license under par. (a) to the department of
16workforce development for the sole purpose of administering s. 49.22.
AB651,86,2417
(c) As provided in the memorandum of understanding under s. 49.857, the
18department may not issue or renew a license if the applicant or licensee is delinquent
19in making court-ordered payments of child or family support, maintenance, birth
20expenses, medical expenses or other expenses related to the support of a child or
21former spouse or if the applicant or licensee fails to comply, after appropriate notice,
22with a subpoena or warrant issued by the department of workforce development or
23a county child support agency under s. 59.53 (5) and relating to paternity or child
24support proceedings.
AB651,87,8
1(d) As provided in the memorandum of understanding under s. 49.857, the
2department shall restrict or suspend a license issued by the department if the
3licensee is delinquent in making court-ordered payments of child or family support,
4maintenance, birth expenses, medical expenses or other expenses related to the
5support of a child or former spouse or if the licensee fails to comply, after appropriate
6notice, with a subpoena or warrant issued by the department of workforce
7development or a county child support agency under s. 59.53 (5) and relating to
8paternity or child support proceedings.
AB651, s. 99
9Section
99. 102.17 (1) (c) of the statutes is amended to read:
AB651,88,1210
102.17
(1) (c) Either party shall have the right to be present at any hearing,
11in person or by attorney, or any other agent, and to present such testimony as may
12be pertinent to the controversy before the department. No person, firm or
13corporation other than an attorney at law, duly licensed to practice law in the state,
14may appear on behalf of any party in interest before the department or any member
15or employe of the department assigned to conduct any hearing, investigation or
16inquiry relative to a claim for compensation or benefits under this chapter, unless the
17person is 18 years of age or older, does not have an arrest or conviction record, subject
18to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the
19department a license with authorization to appear in matters or proceedings before
20the department.
The Except as provided under par. (cm), the license shall be issued
21by the department under rules to be adopted by the department. There shall be
22maintained in the office of the department a current list of persons to whom licenses
23have been issued. Any license may be suspended or revoked by the department for
24fraud or serious misconduct
and any license may be denied, suspended, nonrenewed
25or otherwise withheld by the department for failure to pay court-ordered payments
1as provided in par. (cm) on the part of an agent. Before suspending or revoking the
2license of the agent
on the grounds of fraud or misconduct, the department shall give
3notice in writing to the agent of the charges of fraud or misconduct, and shall give
4the agent full opportunity to be heard in relation to the same.
In denying,
5suspending, restricting, refusing to renew or otherwise withholding a license for
6failure to pay court-ordered payments as provided in par. (cm), the department shall
7follow the procedure provided in a memorandum of understanding entered into
8under s. 49.857. The license and certificate of authority shall, unless otherwise
9suspended or revoked, be in force from the date of issuance until the June 30
10following the date of issuance and may be renewed by the department from time to
11time, but each renewed license shall expire on the June 30 following the issuance
12thereof.
AB651, s. 100
13Section
100. 102.17 (1) (cg) of the statutes is created to read:
AB651,88,1614
102.17
(1) (cg) 1. The department shall require each applicant for a license
15under par. (c) who is an individual to provide the department with his or her social
16security number when initially applying for or applying to renew the license.
AB651,88,1917
2. The department may not issue or renew a license under par. (c) to or for an
18applicant who is an individual unless the applicant has provided his or her social
19security number to the department.
AB651,88,2320
3. The subunit of the department that obtains a social security number under
21subd. 1. may disclose the social security number only on the request of the subunit
22of the department that administers the child and spousal support program under s.
2349.22 (2m).
AB651, s. 101
24Section
101. 102.17 (1) (cm) of the statutes is created to read:
AB651,89,11
1102.17
(1) (cm) The department shall deny, suspend, restrict, refuse to renew
2or otherwise withhold a license under par. (c) for failure of the applicant or agent to
3pay court-ordered payments of child or family support, maintenance, birth
4expenses, medical expenses or other expenses related to the support of a child or
5former spouse or for failure of the applicant or agent to comply, after appropriate
6notice, with a subpoena or warrant issued by the department or a county child
7support agency under s. 59.53 (5) and related to paternity or child support
8proceedings, as provided in a memorandum of understanding entered into under s.
949.857. Notwithstanding par. (c), an action taken under this paragraph is subject
10to review only as provided in the memorandum of understanding entered into under
11s. 49.857 and not as provided in ch. 227.
AB651, s. 102
12Section
102
. 102.27 (2) (a) of the statutes is amended to read:
AB651,89,1413
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
14767.23 (1) (L), 767.25 (4m) (c), 767.265 (1)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3.
AB651, s. 103
15Section
103. 102.33 (2) (b) 5. of the statutes is created to read:
AB651,89,1816
102.33
(2) (b) 5. The requester is the subunit of the department that
17administers child and spousal support or a county child support agency under s.
1859.53 (5) and the request is made under s. 49.22 (2m).
AB651, s. 104
19Section
104. 103.005 (10) of the statutes is amended to read:
AB651,89,2220
103.005
(10) Orders Except as provided in ss. 103.275 (2) (bm), 103.91 (4) (b),
21103.92 (6), 104.07 (5) and 105.13 (2), orders of the department under chs. 103 to 106
22shall be subject to review in the manner provided in ch. 227.
AB651, s. 105
23Section
105. 103.275 (2) (b) (intro.) of the statutes is amended to read:
AB651,90,3
1103.275
(2) (b) (intro.)
Upon
Except as provided under par. (bm), upon receipt
2of a properly completed application, the department shall issue a house-to-house
3employer certificate if all of the following apply:
AB651, s. 106
4Section
106. 103.275 (2) (bg) of the statutes is created to read:
AB651,90,85
103.275
(2) (bg) 1. The department shall require each applicant for a
6house-to-house employer certificate under this subsection who is an individual to
7provide the department with the applicant's social security number when initially
8applying for or applying to renew the house-to-house employer certificate.
AB651,90,119
2. The department may not issue or renew a house-to-house employer
10certificate under this subsection to or for an applicant who is an individual unless
11the applicant has provided his or her social security number to the department.
AB651,90,1512
3. The subunit of the department that obtains a social security number under
13subd. 1. may disclose the social security number only on the request of the subunit
14of the department that administers the child and spousal support program under s.
1549.22 (2m).
AB651, s. 107
16Section
107. 103.275 (2) (bm) of the statutes is created to read:
AB651,91,317
103.275
(2) (bm) The department shall deny, suspend, restrict, refuse to renew
18or otherwise withhold a house-to-house employer certificate for failure of the
19applicant or house-to-house employer to pay court-ordered payments of child or
20family support, maintenance, birth expenses, medical expenses or other expenses
21related to the support of a child or former spouse or for failure of the applicant or
22house-to-house employer to comply, after appropriate notice, with a subpoena or
23warrant issued by the department or a county child support agency under s. 59.53
24(5) and related to paternity or child support proceedings, as provided in a
25memorandum of understanding entered into under s. 49.857. Notwithstanding sub.
1(7) and s. 103.005 (10), an action taken under this paragraph is subject to review only
2as provided in the memorandum of understanding entered into under s. 49.857 and
3not as provided in sub. (7) and ch. 227.
AB651, s. 108
4Section
108. 103.275 (7) (b) of the statutes is amended to read:
AB651,91,165
103.275
(7) (b)
After Except as provided in sub. (2) (bm), after providing at least
610 days' notice to a house-to-house employer, the department may, on its own or
7upon a written and signed complaint, suspend the house-to-house employer's
8certificate. The department shall serve a copy of the complaint with notice of a
9suspension of the certificate on the person complained against, and the person shall
10file an answer to the complaint with the department and the complainant within 10
11days after service. After receiving the answer, the department shall set the matter
12for hearing as promptly as possible and within 30 days after the date of filing the
13complaint. Either party may appear at the hearing in person or by attorney or agent.
14The department shall make its findings and determination concerning the
15suspension within 90 days after the date that the hearing is concluded and send a
16copy to each interested party.
AB651, s. 109
17Section
109. 103.275 (7) (c) of the statutes is amended to read:
AB651,92,218
103.275
(7) (c)
The Except as provided in sub. (2) (bm), the department may
19revoke a certificate issued under sub. (2) after holding a public hearing at a place
20designated by the department. At least 10 days prior to the revocation hearing, the
21department shall send written notice of the time and place of the revocation hearing
22to the person holding the certificate and to the person's attorney or agent of record
23by mailing the notice to their last-known address. The testimony presented and
24proceedings at the revocation hearing shall be recorded and preserved as the records
25of the department. The department shall, as soon after the hearing as possible, make
1its findings and determination concerning revocation and send a copy to each
2interested party.
AB651, s. 110
3Section
110. 103.91 (2) of the statutes is renumbered 103.91 (2) (a) and
4amended to read:
AB651,92,95
103.91
(2) (a) A migrant labor contractor shall apply to the department for a
6certificate in such manner and on such forms as the department prescribes. The
7migrant labor contractor may submit a copy of a federal application filed under
7
8USC 2045 in lieu of the forms prescribed by the department under this
subsection 9paragraph.
AB651, s. 111
10Section
111. 103.91 (2) (b) of the statutes is created to read: