AB486: Bill Text

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

AB486,47,9 11. Approval of combined wage treatments under s. 108.17 (5).

AB486,47,21 (b) Failure to meet deadline. 1. Subject to pars. (d) 3. and 4. and (e), failure by the department to provide the applicant for an approval specified in par. (a) 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 par. (a) for the approval, constitutes approval of the application. An application approved under this subdivision is subject to any terms or conditions specified by statute or rule 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 the expiration of the period established under par. (a) for the approval, the department shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,47,24 2. The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,48,3 (c) Notice of deadline. Upon receiving an application for an approval specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the approval.

AB486,48,5 (d) Optional provisions of rules. The department may include any of the following in the rules required under par. (a):

AB486,48,7 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for an approval is complete.

AB486,48,10 2. A longer period under par. (a) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,48,14 3. Extensions of the period established under par. (a) 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.

AB486,48,19 4. Extensions of the period established under par. (a) because information needed by the department to complete its review of an application for an 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.

AB486,48,21 5. Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,48,24 (e) Extensions authorized. 1. During the period established under par. (a), the department and the applicant may jointly agree to a different period for acting on an application than that specified under par. (a).

AB486,49,4 2. 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.

AB486,49,7 3. The department may extend the period established under par. (a) 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 par. (a).

AB486,49,15 4. The department may extend the period established under par. (a) for an application by more than 60 days if, within the period established under par. (a), 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 par. (a) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 31 Section 31. 115.28 (7) (a) of the statutes is amended to read:

AB486,49,22 115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the state superintendent's office all papers relating to state teachers' licenses and register each such license.

AB486, s. 32 Section 32. 118.19 (2) of the statutes is repealed and recreated to read:

AB486,50,3 118.19 (2) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any license or permit authorized to be granted by the department.

AB486,50,8 (b) 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license or permit if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license or permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license or permit.

AB486,50,11 2. The department may not disapprove an application for a license or permit solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,50,13 (c) Upon receiving an application for a license or permit, the department shall inform the applicant of the period established under par. (a) for the license or permit.

AB486,50,17 (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. 33 Section 33. 125.04 (3m) of the statutes is created to read:

AB486,50,22 125.04 (3m) Deadlines for action on permit applications. (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any permit issued by the department under this chapter.

AB486,51,2 (b) Subject to par. (e), the department shall refund any fee paid by the applicant for any permit under this chapter if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the permit.

AB486,51,5 (c) The department may not disapprove an application for a permit under this chapter solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,51,8 (d) Upon receiving an application for a permit under this chapter, the department shall inform the applicant of the period established under par. (a) for the permit.

AB486,51,10 (e) The department may include any of the following in the rules required under par. (a):

AB486,51,12 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for a permit is complete.

AB486,51,16 2. Extensions of the period established under par. (a) 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.

AB486,51,24 3. Extensions of the period established under par. (a) because the application is incomplete or information needed by the department to complete its review of an application for a permit 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 and the notice specifically describes the information that must be provided to complete the application or the information needed to complete the department's review of the application.

AB486,52,4 4. Extensions of the period established under par. (a) if, during the period established under par. (a), the department and the applicant jointly agree to a different period for acting on an application for a permit than that specified under par. (a).

AB486, s. 34 Section 34. 145.025 of the statutes is created to read:

AB486,52,13 145.025 Automatic approval of certain applications. Except as otherwise provided in this section, any form or other writing that is submitted to the department under this chapter for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions is subject to s. 101.023. This section does not apply to an application for a license, registration, or certification under s. 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, or 145.18, or to any form or other writing submitted to the department under s. 145.26.

AB486, s. 35 Section 35. 146.525 of the statutes is created to read:

AB486,52,17 146.525 Deadlines for action on applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,52,19 (a) Certification of an instructional and competency evaluation program under s. 146.40 (3).

AB486,52,20 (b) Approval of a competency evaluation program under s. 146.40 (3m).

AB486,52,21 (c) An ambulance service provider license under s. 146.50 (5) (a).

AB486,52,22 (d) An emergency medical technician license under s. 146.50 (5) (a) and (7).

AB486,52,23 (e) An emergency medical technician training permit under s. 146.50 (5) (b).

AB486,52,24 (f) Certification for the performance of defibrillation under s. 146.50 (6g) (a).

AB486,52,25 (g) Certification as a first responder under s. 146.50 (8) (a) and (f).

AB486,53,2 (h) Approval of training courses for the use of a semiautomatic defibrillator under s. 146.50 (8g) (d).

AB486,53,4 (i) Approval of courses of emergency medical services instructional programs under s. 146.50 (9).

AB486,53,6 (j) Approval of emergency medical services program plans under s. 146.55 (2) (b).

AB486,53,13 (2) Failure to meet deadlines. Subject to sub. (4), the department shall refund fees paid by the applicant for a license, certification, permit, or approval specified in 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, certification, permit, or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license, certification, permit, or approval.

AB486,53,17 (3) Notice of deadline. Upon receiving an application for a license, certification, permit, or approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license, certification, permit, or approval.

AB486,53,22 (4) Permitted extension of deadline. 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, s. 36 Section 36. 168.165 of the statutes is created to read:

AB486,54,2 168.165 Automatic approval of certain applications. Any form or other writing that is submitted to the department under this chapter for the purpose of obtaining any approval of the department that is required by law as a prerequisite to the applicant taking certain actions is subject to s. 101.023.

AB486, s. 37 Section 37. 218.0114 (13) (b) of the statutes is amended to read:

AB486,54,6 218.0114 (13) (b) The department of transportation shall promulgate rules establishing the license period for each type of license described in sub. (14) (a) to (f) and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 38 Section 38. 218.11 (2) (b) 1. of the statutes is amended to read:

AB486,54,10 218.11 (2) (b) 1. The department shall promulgate rules establishing the license period under this section and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 39 Section 39. 218.12 (2) (b) 2. of the statutes is amended to read:

AB486,54,14 218.12 (2) (b) 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 40 Section 40. 218.22 (2) (b) 1. of the statutes is amended to read:

AB486,54,17 218.22 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 41 Section 41. 218.32 (2) (b) 1. of the statutes is amended to read:

AB486,54,20 218.32 (2) (b) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 42 Section 42. 218.41 (2m) (a) 1. of the statutes is amended to read:

AB486,54,23 218.41 (2m) (a) 1. The department shall promulgate rules establishing a license period and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 43 Section 43. 218.51 (3) (b) 1. of the statutes is amended to read:

AB486,55,2 218.51 (3) (b) 1. The department shall promulgate rules establishing the buyer identification card period and shall promulgate any rule required under s. 85.16 (3).

AB486, s. 44 Section 44. 224.50 of the statutes is created to read:

AB486,55,6 224.50 Deadlines for action on certain applications. (1) Definition. In this section, "department" means the department of financial institutions and any subunit of the department of financial institutions.

AB486,55,9 (2) Deadlines. (a) The department, by rule, shall establish periods within which the department, or any subunit of the department, intends to approve or disapprove an application for any of the following:

AB486,55,10 1. A lender license under s. 138.09 (1m) (a).

AB486,55,11 2. An insurance premium finance company license under s. 138.12 (3).

AB486,55,12 3. A seller of checks license under s. 217.03.

AB486,55,13 4. An adjustment service company license under s. 218.02.

AB486,55,14 5. A collection agency license under s. 218.04.

AB486,55,15 6. A community currency exchange license under s. 218.05.

AB486,55,17 7. A mortgage banker, loan originator, or mortgage broker registration under s. 224.72.

AB486,55,18 8. A nondepository small business lender license under s. 224.92.

AB486,55,20 9. A broker-dealer, agent, investment adviser, or investment adviser representative license under s. 551.32.

AB486,55,22 (b) Any period established under par. (a) shall be consistent with any applicable period specified by statute.

AB486,56,3 (3) Failure to meet deadline. (a) Subject to sub. (5), the department shall refund fees paid by the applicant for a license or registration specified in sub. (2) if the department fails to provide the applicant 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 other approval.

AB486,56,6 (b) The department may not disapprove an application for a license or registration specified in sub. (2) solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB486,56,9 (4) Notice of deadline. Upon receiving an application for a license or registration specified in sub. (2), the department shall inform the applicant of the period established under sub. (2) for the license or registration.

AB486,56,14 (5) Permitted extension of deadline. 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, s. 45 Section 45. 224.60 of the statutes is created to read:

AB486,56,17 224.60 Automatic approval of certain applications. (1) Definitions. In this section:

AB486,56,22 (a) "Application" means any form or other writing that is submitted to the department 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 any application for a license or registration described in s. 224.50 (2) (a) 1. to 9.

AB486,56,24 (b) "Department" means the department of financial institutions and any subunit of the department of financial institutions.

AB486,57,4 (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.

AB486,57,16 (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.