Amendment SSA1-AB486

AB486-SSA1,38,18 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

AB486-SSA1, s. 19 Section 19. 101.023 of the statutes is created to read:

AB486-SSA1,38,25 101.023 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-SSA1,39,4 (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-SSA1,39,18 (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, which may be by electronic mail, 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. The department may not make the approval subject to any term or condition that is not specified by statute or rule. 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-SSA1,39,21 (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-SSA1,40,2 (4) Notice of deadline. In the rules under sub. (2), the department shall specify a method for informing applicants of the periods established under sub. (2). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,40,4 (5) Optional provisions of rules. The department may include any of the following in the rules required under sub. (2):

AB486-SSA1,40,6 (a) Methods for determining the commencement of the period established under sub. (2) and for determining when an application is complete.

AB486-SSA1,40,10 (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. The notification may be by electronic mail.

AB486-SSA1,40,16 (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. The notification may be by electronic mail.

AB486-SSA1,40,18 (d) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486-SSA1,40,21 (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-SSA1,40,23 (b) The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

AB486-SSA1,41,3 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,41,5 2. The information under subd. 1. is directly related to eligibility for the approval or to terms or conditions of the approval.

AB486-SSA1,41,7 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

AB486-SSA1,41,10 4. The extension is not longer than the number of days from the day on which the board provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1,41,18 (d) The department may extend the period established under sub. (2) for an application by not more than 30 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 human health or human safety and that the department cannot adequately review the application within the period established under sub. (2) and provides written notice, which may be by electronic mail, to the applicant that states with particularity the facts on which those findings are based.

AB486-SSA1, s. 20 Section 20. 103.275 (2m) of the statutes is created to read:

AB486-SSA1,41,23 103.275 (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-SSA1,42,4 (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, which may be by electronic mail, 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-SSA1,42,12 1m. Subject to par. (d), if the department fails to provide the applicant for a house-to-house employer certificate under sub. (2) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a), the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,42,15 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-SSA1,42,20 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the period established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,42,22 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,42,25 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,43,2 2. The information under subd. 1. is directly related to eligibility for the house-to-house employer certificate or to terms or conditions of the certificate.

AB486-SSA1,43,5 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the house-to-house employer certificate.

AB486-SSA1,43,8 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 21 Section 21. 103.91 (2m) of the statutes is created to read:

AB486-SSA1,43,12 103.91 (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-SSA1,43,18 (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, which may be by electronic mail, 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-SSA1,43,25 1m. Subject to par. (d), if the department fails to provide the applicant for a certificate under sub. (2) (a) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a), the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,44,3 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-SSA1,44,8 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the period established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,44,10 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,44,13 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,44,15 2. The information under subd. 1. is directly related to eligibility for the certificate or to terms or conditions of the certificate.

AB486-SSA1,44,17 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the certificate.

AB486-SSA1,44,20 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 22 Section 22. 103.92 (2m) of the statutes is created to read:

AB486-SSA1,44,24 103.92 (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-SSA1,45,6 (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, which may be by electronic mail, 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-SSA1,45,13 1m. Subject to par. (d), if the department fails to provide the applicant for a certificate under sub. (1) (a) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a), the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,45,16 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-SSA1,45,21 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the period established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,45,23 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,46,3 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,46,5 2. The information under subd. 1. is directly related to eligibility for the certificate or to terms or conditions of the certificate.

AB486-SSA1,46,7 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the certificate.

AB486-SSA1,46,10 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 23 Section 23. 104.07 (4m) of the statutes is created to read:

AB486-SSA1,46,14 104.07 (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-SSA1,46,20 (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, which may be by electronic mail, 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-SSA1,47,2 1m. Subject to par. (d), if the department fails to provide the applicant for a license under sub. (1) or (2) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a) for the license, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a) for the license.

AB486-SSA1,47,5 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-SSA1,47,10 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the periods established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,47,12 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,47,15 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,47,17 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-SSA1,47,19 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license.

AB486-SSA1,47,22 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 24 Section 24. 105.06 (1r) of the statutes is created to read:

AB486-SSA1,48,3 105.06 (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-SSA1,48,9 (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, which may be by electronic mail, 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-SSA1,48,16 1m. Subject to par. (d), if the department fails to provide the applicant for a license under sub. (1) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a), the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,48,19 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-SSA1,48,24 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the period established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,49,2 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,49,5 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,49,7 2. The information under subd. 1. is directly related to eligibility for the license or to terms or conditions of the license.

AB486-SSA1,49,9 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license.

AB486-SSA1,49,12 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 25 Section 25. 115.28 (7) (a) of the statutes is amended to read:

AB486-SSA1,49,19 115.28 (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-SSA1, s. 26 Section 26. 118.19 (2) of the statutes is repealed and recreated to read:

AB486-SSA1,49,23 118.19 (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-SSA1,50,4 (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, which may be by electronic mail, 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-SSA1,50,11 1m. Subject to par. (d), if the department fails to provide the applicant for a license or permit with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under par. (a) for the license or permit, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,50,14 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-SSA1,50,19 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the periods established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,50,21 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,50,24 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,51,2 2. The information under subd. 1. is directly related to eligibility for the license or permit or to terms or conditions of the license or permit.

AB486-SSA1,51,5 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or permit.

AB486-SSA1,51,8 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1, s. 27 Section 27. 125.04 (3m) of the statutes is created to read:

AB486-SSA1,51,13 125.04 (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.