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(a) "Application" means any form or other writing that is submitted to the
13department for the purpose of obtaining any approval of the department that is
14required by law as a prerequisite to the applicant taking certain actions.
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(b) "Department" means the department of financial institutions and any
16subunit of the department of financial institutions.
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17(2) Deadlines. (a) The department, by rule, shall establish periods within
18which the department intends to approve or disapprove an application.
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(b) Any period established under par. (a) shall be consistent with any applicable
20period specified by statute.
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21(3) Failure to meet deadline. (a) Subject to sub. (5), the department shall
22refund fees paid by an applicant if the department fails to provide the applicant with
23written notice that the department has approved or disapproved the application,
24including the specific facts upon which any disapproval is based, before the
25expiration of the period established under sub. (2) for the application.
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1(b) If the department fails to approve or disapprove an application within the
2period established under sub. (2) for the application, plus any extension agreed to
3under sub. (5), the department may be required to forfeit, for each day after the
4deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th
5to the 20th day, and $10,000 for each day after the 20th day to the day on which the
6department acts on the application.
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7(5) Permitted extension of deadline. During the period established under
8sub. (2), the department and the applicant may jointly agree to a different period for
9acting on an application than that specified under sub. (2).
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10Section
20. 299.05 of the statutes is repealed and recreated to read:
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11299.05 Deadlines for action on certain applications. (1) Deadlines. The
12department, by rule, shall establish periods within which the department intends to
13approve or disapprove an application for any of the following:
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(a) Permits and other determinations related to navigable waters under ss.
1530.10, 30.12, 30.123, 30.18, 30.19, and 30.20.
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(ag) A well driller or pump installer registration under s. 280.15.
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(ar) A high-capacity well approval under s. 281.17 (1).
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(b) A water system, wastewater treatment plant, or septage servicing vehicle
19operator certification under s. 281.17 (3).
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(c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).
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(cm) A water pollution discharge permit under s. 283.31 or 283.33.
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(d) A solid waste incinerator operator certification under s. 285.51 (2).
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(e) An ozone-depleting refrigerant removal approval under s. 285.59.
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(em) An air pollution control permit under s. 285.60.
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(er) A solid waste facility determination of feasibility under s. 289.29.
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1(ew) A solid waste facility operating license under s. 289.31.
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(f) A solid waste disposal facility operator certification under s. 289.42 (1).
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(g) A hazardous waste transportation service license under s. 291.23.
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(gm) A hazardous waste facility operating license under s. 291.25.
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(h) A metallic mining exploration license under s. 293.21.
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(i) An oil or gas exploration license under s. 295.33 (1).
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(ig) A prospecting permit under s. 293.45.
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(ir) An oil or gas production license under s. 295.33 (2).
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(j) A laboratory certification or registration under s. 299.11.
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(k) A medical waste transportation license under s. 299.51 (3) (c).
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11(2) Failure to meet deadline. (a) Subject to sub. (4), the department shall
12refund fees paid by the applicant for a license, permit, or other approval specified in
13sub. (1) if the department fails to provide the applicant with written notice that the
14department has approved or disapproved the application for the license, permit, or
15other approval, including the specific facts upon which any disapproval is based,
16before the expiration of the period established under sub. (1) for the license, permit,
17or other approval.
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(b) If the department fails to approve or disapprove an application within the
19period established under sub. (1) for the application, plus any extension agreed to
20under sub. (4), the department may be required to forfeit, for each day after the
21deadline, $1,000 each day for the first to the 10th day, $5,000 each day for the 11th
22to the 20th day, and $10,000 for each day after the 20th day to the day on which the
23department acts on the application.
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24(4) Permitted extension of deadline. During the period established under
25sub. (1), the department and the applicant may jointly agree to a different period for
1acting on an application for a license, permit, or other approval than that specified
2under sub. (1).
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341.19
(4) The department shall promulgate rules to implement this section
5and shall promulgate any rule required under s. 85.16 (3).
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343.02
(1) The department shall administer and enforce this chapter and may
8promulgate for that purpose such rules as the secretary considers necessary
and
9shall promulgate any rule required under s. 85.16 (3). Rules promulgated under this
10chapter may not conflict with and shall be at least as stringent as standards set by
11the federal commercial motor vehicle safety act,
49 USC 31301 to
31317 and the
12regulations adopted under that act.
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343.305
(11) Rules. The department shall promulgate rules under ch. 227
15necessary to administer this section
and shall promulgate any rule required under
16s. 85.16 (3). The rules shall include provisions relating to the expeditious exchange
17of information under this section between the department and law enforcement
18agencies, circuit courts and district attorneys. The rules may not affect any
19provisions relating to court procedure.
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(1) This act first applies to applications that are received on the effective date
22of this subsection.
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1(1) This act takes effect on the first day of the 13th month beginning after
2publication.
