AB486: Bill Text

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.

AB486,57,19 (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).

AB486,57,22 (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.

AB486,57,24 (5) Optional provisions of rules. The department may include any of the following in the rules required under sub. (2):

AB486,58,2 (a) Methods for determining the commencement of the period established under sub. (2) and for determining when an application is complete.

AB486,58,6 (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.

AB486,58,11 (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.

AB486,58,13 (d) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,58,16 (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).

AB486,58,20 (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.

AB486,58,23 (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).

AB486,59,6 (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. 46 Section 46. 250.043 of the statutes is created to read:

AB486,59,10 250.043 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:

AB486,59,11 (a) A registration for a sanitarian under s. 250.05 (5).

AB486,59,12 (b) Certification for a public health dispensary under s. 252.10 (1).

AB486,59,14 (c) Approval for the sale of tests or test kits to detect the presence of HIV, an antigen or nonantigenic products of HIV, or an antibody to HIV under s. 252.15 (5r).

AB486,59,15 (d) A license for a tattooist or a tattoo establishment under s. 252.23 (2).

AB486,59,17 (e) A license for a body piercer or a body-piercing establishment under s. 252.24 (2).

AB486,59,19 (f) Certification for performance or supervision of lead hazard reduction or a lead management activity under rules promulgated under s. 254.176 (3).

AB486,59,21 (g) Approval of an instructor of a lead training course under rules promulgated under s. 254.178 (2).

AB486,59,23 (h) Accreditation of a lead training course under rules promulgated under s. 254.178 (2).

AB486,59,25 (i) A certificate of lead-free status or a certificate of lead-safe status under rules promulgated under s. 254.179 (1) (a).

AB486,60,2 (j) Certification for performance of asbestos abatement activity or asbestos management activity under rules promulgated under s. 254.20 (3).

AB486,60,4 (k) Renewal of a certification for performance of asbestos abatement activity or asbestos management activity under s. 254.20 (4).

AB486,60,6 (L) Registration and licensing of a source of ionizing radiation under rules promulgated under s. 254.34 (1) (a).

AB486,60,8 (m) Approval of plans and specifications for radiation sources under s. 254.34 (1) (g).

AB486,60,10 (n) A registration of a site with an ionizing radiation installation under s. 254.35 (1).

AB486,60,11 (p) A license for radioactive material under s. 254.365 (1).

AB486,60,13 (q) A permit to operate a campground, camping resort, recreational or educational camp, or public swimming pool under s. 254.47 (1) or (2m).

AB486,60,15 (r) A certification for a food sanitarian under rules promulgated under s. 254.62 (2).

AB486,60,18 (s) A permit to conduct, maintain, manage, or operate a hotel, restaurant, temporary restaurant, tourist rooming house, vending machine commissary, or vending machine under s. 254.64 (1) (a).

AB486,60,20 (t) A permit to maintain, manage, or operate a bed and breakfast establishment under s. 254.64 (1) (b).

AB486,60,21 (u) A certificate for food protection practices under s. 254.71 (2).

AB486,60,23 (v) An approval of a training course for recertification of food protection practices under rules promulgated under s. 254.71 (6).

AB486,60,24 (w) A certification of Grade A dairy operations under s. 254.89.

AB486,60,25 (x) A permit to operate a tanning facility under s. 255.08 (2) (a).

AB486,61,3 (y) An approval of a laboratory for performing chemical analyses of blood or urine for alcohol, controlled substances, or controlled substance analogs under s. 343.305 (6) (a).

AB486,61,11 (2) Failure to meet deadline. Subject to sub. (4), the department shall refund fees paid by the applicant for a license, certification, certificate, permit, registration, 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, certificate, permit, registration, or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for approval of the license, certification, certificate, permit, registration, or approval.

AB486,61,15 (3) Notice of deadline. Upon receiving an application for a license, certification, certificate, permit, registration, or approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for approval of the license, certification, certificate, permit, registration, or approval.

AB486,61,20 (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. 47 Section 47. 299.05 of the statutes is repealed and recreated to read:

AB486,61,24 299.05 Deadlines for action on occupational 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:

AB486,61,25 (a) A well driller or pump installer registration under s. 280.15.

AB486,62,2 (b) A water system, wastewater treatment plant, or septage servicing vehicle operator certification under s. 281.17 (3).

AB486,62,3 (c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).

AB486,62,4 (d) A solid waste incinerator operator certification under s. 285.51 (2).

AB486,62,5 (e) An ozone-depleting refrigerant removal approval under s. 285.59.

AB486,62,6 (f) A solid waste disposal facility operator certification under s. 289.42 (1).

AB486,62,7 (g) A hazardous waste transportation service license under s. 291.23.

AB486,62,8 (h) A metallic mining exploration license under s. 293.21.

AB486,62,9 (i) An oil or gas exploration license under s. 295.33 (1).

AB486,62,10 (j) A laboratory certification or registration under s. 299.11.

AB486,62,11 (k) A medical waste transportation license under s. 299.51 (3) (c).

AB486,62,17 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other 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 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 or other approval.

AB486,62,20 (b) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,62,23 (3) Notice of deadline. Upon receiving an application for a license or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license or other approval.

AB486,63,3 (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. 48 Section 48. 299.06 of the statutes is created to read:

AB486,63,7 299.06 Automatic approval of certain 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:

AB486,63,8 (a) A high-capacity well approval under s. 281.17 (1).

AB486,63,9 (b) A water pollution discharge permit under s. 283.31 or 283.33.

AB486,63,10 (c) An air pollution control permit under s. 285.60.

AB486,63,11 (d) A solid waste facility determination of feasibility under s. 289.29.

AB486,63,12 (e) A solid waste facility operating license under s. 289.31.

AB486,63,13 (f) A hazardous waste facility operating license under s. 291.25.

AB486,63,14 (g) A prospecting permit under s. 293.45.