AB486: Bill Text

AB486,35,12 (xm) A grain dealer license under s. 126.11.

AB486,35,13 (y) A grain warehouse keeper license under s. 126.26.

AB486,35,14 (ym) A milk contractor license under s. 126.41.

AB486,35,15 (z) A vegetable contractor license under s. 126.56.

AB486,36,5 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for a license, permit, or other approval specified in sub. (1) with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, permit, or other approval, constitutes approval of the application. A license, permit, or other approval approved under this paragraph is subject to any terms or conditions specified by statute or rule for the license, permit, or other approval and the department may suspend, limit, revoke, or withdraw the license, permit, or other approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under sub. (1) for the license, permit, or other approval, the department shall provide the applicant with a statement showing that the license, permit, or other approval is approved and specifying any terms and conditions that apply to that license, permit, or other approval.

AB486,36,8 (b) The department may not disapprove an application for a license, permit, or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,36,11 (3) Notice of deadline. Upon receiving an application for a license, permit, or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license, permit, or other approval.

AB486,36,13 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486,36,16 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for a license, permit, or other approval is complete.

AB486,36,19 (b) A longer period under sub. (1) for an application for a permit, approval, or other determination for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,36,23 (c) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB486,37,4 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for a license, permit, or other approval is unknown or cannot be determined with certainty when the department receives the application if the department notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application.

AB486,37,6 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,37,10 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application for a license, permit, or other approval than that specified under sub. (1).

AB486,37,14 (b) The department may extend the period established under sub. (1) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486,37,17 (c) The department may extend the period established under sub. (1) for an application by not more than 60 days if the department provides written notice of the extension to the applicant within the period established under sub. (1).

AB486,37,25 (d) The department may extend the period established under sub. (1) for an application by more than 60 days if, within the period established under sub. (1), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 22 Section 22. 101.022 of the statutes is created to read:

AB486,38,3 101.022 Deadlines for action on certain applications. (1) Definitions. In this section, "license or building plan application" means any of the following:

AB486,38,9 (a) An application for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB486,38,11 (b) Forms, plans, and other information submitted to the department under s. 101.12 or 145.26.

AB486,38,15 (2) Deadlines. The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove any license or building plan application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

AB486,38,21 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by a person submitting a license or building plan application if the department fails to provide the person with written notice that the department has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the license or building plan application.

AB486,38,24 (b) The department may not disapprove a license or building plan application solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB486,39,3 (4) Notice of deadline. Upon receiving a license or building plan application, the department shall inform the applicant of the period established under sub. (2) for the license or building plan application.

AB486,39,9 (5) Permitted extension of deadline. The department may extend the period established under sub. (2) because a license or building plan application is incomplete if, within 30 days after receiving the license or building plan application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the license or building plan application.

AB486, s. 23 Section 23. 101.023 of the statutes is created to read:

AB486,39,16 101.023 Automatic approval of certain applications. (1) Definitions. In this section, "application" means any form or other writing that is submitted to the department under this chapter or ch. 145 or 168 for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions, except that "application" does not include a license or building plan application, as defined under s. 101.022 (1).

AB486,39,20 (2) Deadlines. The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove an application. Any period established under this subsection shall be consistent with any applicable period specified by statute.

AB486,40,7 (3) Failure to meet deadline. (a) Subject to subs. (5) (b) and (c) and (6), failure by the department to provide an applicant with written notice that the department has approved or disapproved the application, including specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) applicable to the application constitutes approval of the application by the department. An application approved under this paragraph is subject to any terms or conditions specified by law for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. Within 30 days after an application is approved under this paragraph, the department shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to the approval.

AB486,40,10 (b) The department may not disapprove an application solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB486,40,13 (4) Notice of deadline. Upon receiving an application, the department shall inform the applicant of the period established under sub. (2) applicable to the application.

AB486,40,15 (5) Optional provisions of rules. The department may include any of the following in the rules required under sub. (2):

AB486,40,17 (a) Methods for determining the commencement of the period established under sub. (2) and for determining when an application is complete.

AB486,40,21 (b) Extensions of the period established under sub. (2) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB486,41,2 (c) Extensions of the period established under sub. (2) because information needed by the department to complete its review of an application is unknown or cannot be determined with certainty when the department receives the application if the department notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application.

AB486,41,4 (d) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,41,7 (6) Extensions authorized. (a) During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (2).

AB486,41,11 (b) The department may extend the period established under sub. (2) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486,41,14 (c) The department may extend the period established under sub. (2) for an application by not more than 60 days if the department provides written notice of the extension to the applicant within the period established under sub. (2).

AB486,41,22 (d) The department may extend the period established under sub. (2) for an application by more than 60 days if, within the period established under sub. (2), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the department cannot adequately review the application within the period established under sub. (2) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 24 Section 24. 102.17 (1) (cj) of the statutes is created to read:

AB486,42,3 102.17 (1) (cj) 1. The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license under par. (c).

AB486,42,8 2. a. Subject to subd. 4., the department shall refund all fees paid by the applicant for a license under par. (c) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, including the specific facts upon which any disapproval is based, before the expiration of the period established under subd. 1.

AB486,42,11 b. The department may not disapprove an application for a license under par. (c) solely because the department is unable to complete its review of the application within the period established under subd. 1.

AB486,42,14 3. Upon receiving an application for a license under par. (c), the department shall inform the applicant of the period established under subd. 1. for approval or disapproval of the application.

AB486,42,18 4. The department may extend the period established under subd. 1. because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 25 Section 25. 103.275 (2m) of the statutes is created to read:

AB486,42,23 103.275 (2m) Deadline for action on certificate applications. (a) The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a house-to-house employer certificate under sub. (2).

AB486,43,4 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a house-to-house employer certificate under sub. (2) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the certificate, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a).

AB486,43,7 2. The department may not disapprove an application for a house-to-house employer certificate under sub. (2) solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,43,10 (c) Upon receiving an application for a house-to-house employer certificate under sub. (2), the department shall inform the applicant of the period established under par. (a) for approval or disapproval of the application.

AB486,43,14 (d) The department may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 26 Section 26. 103.91 (2m) of the statutes is created to read:

AB486,43,18 103.91 (2m) Deadline for action on certificate applications. (a) The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a certificate under sub. (2) (a).

AB486,43,23 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a certificate under sub. (2) (a) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the certificate, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a).

AB486,44,3 2. The department may not disapprove an application for a certificate under sub. (2) (a) solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,44,6 (c) Upon receiving an application for a certificate under sub. (2) (a), the department shall inform the applicant of the period established under par. (a) for approval or disapproval of the application.

AB486,44,10 (d) The department may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 27 Section 27. 103.92 (2m) of the statutes is created to read:

AB486,44,14 103.92 (2m) Deadline for action on certificate applications. (a) The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a certificate under sub. (1) (a).

AB486,44,19 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a certificate under sub. (1) (a) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the certificate, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a).

AB486,44,22 2. The department may not disapprove an application for a certificate under sub. (1) (a) solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,44,25 (c) Upon receiving an application for a certificate under sub. (1) (a), the department shall inform the applicant of the period established under par. (a) for approval or disapproval of the application.

AB486,45,4 (d) The department may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 28 Section 28. 104.07 (4m) of the statutes is created to read:

AB486,45,8 104.07 (4m) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for a license under sub. (1) or (2).

AB486,45,13 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a license under sub. (1) or (2) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license.

AB486,45,16 2. The department may not disapprove an application for a license under sub. (1) or (2) solely because the department is unable to complete its review of the application within the period established under par. (a) for the license.

AB486,45,19 (c) Upon receiving an application for a license under sub. (1) or (2), the department shall inform the applicant of the period established under par. (a) for approval or disapproval of the application.

AB486,45,23 (d) The department may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 29 Section 29. 105.06 (1r) of the statutes is created to read:

AB486,46,3 105.06 (1r) (a) The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license under sub. (1).

AB486,46,8 (b) 1. Subject to par. (d), the department shall refund all fees paid by the applicant for a license under sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a).

AB486,46,11 2. The department may not disapprove an application for a license under sub. (1) solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,46,14 (c) Upon receiving an application for a license under sub. (1), the department shall inform the applicant of the period established under par. (a) for approval or disapproval of the application.

AB486,46,18 (d) The department may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 30 Section 30. 108.14 (20) of the statutes is created to read:

AB486,46,22 108.14 (20) Automatic approval of certain applications. (a) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,46,23 1. Election of coverage under s. 108.02 (13) (h) or (15) (f), (g), (h), (i) or (k).

AB486,46,25 2. Approval to separate limited liability companies or partnerships under s. 108.02 (13) (kL) or (L).

AB486,47,1 3. Treatment of out-of-state service as employment under s. 108.02 (15) (c).

AB486,47,2 4. Approval of training institutions under s. 108.04 (16) (a) 2.

AB486,47,3 5. Approval of attorney fees under s. 108.09 (8) (b).

AB486,47,4 6. Approval of income tax withholding under s. 108.135 (3).

AB486,47,5 7. Approval of electronic interchanges under s. 108.14 (2e).

AB486,47,6 8. Approval of assurances of reimbursement under s. 108.151 (4) or 108.152 (3).

AB486,47,7 9. Approval of group reimbursement accounts under s. 108.152 (5).

AB486,47,8 10. Approval of electronic media and formats under s. 108.17 (2g).