AB100-engrossed,1635,1814
215.26
(8) (e) 1. Submits an affidavit stating that the person has standing
15under s. 867.01 (3) or 867.02 (2) to petition for summary settlement or assignment
16of a decedent's estate or that the person is an heir
who of the decedent, or was
17guardian, as defined in s. 880.01 (3), of the decedent at the time of the decedent's
18death, and may obtain transfer of property of a decedent under s. 867.03; and
AB100-engrossed,1635,21
20217.13 (title)
Other statutes statute applicable. Sections 220.037 and 21Section 220.06
apply applies to this chapter.
AB100-engrossed,1636,223
218.01
(3) (g) Any person in interest aggrieved by a decision of the division of
24hearings and appeals
or an order of the division of banking may have a review thereof
1as provided in ch. 227
or aggrieved by an order of the division of banking may have
2a review thereof as provided in s. 220.037.
AB100-engrossed,1636,124
218.01
(7a) (a) A motor vehicle may not be offered for sale by any motor vehicle
5dealer or motor vehicle salesperson unless the mileage on the motor vehicle is
6disclosed in writing by the transferor on the certificate of title or on a form
or in an
7automated format authorized by the department of transportation to reassign the
8title to the dealer and the disclosure is subsequently shown to the retail purchaser
9by the dealer or salesperson prior to sale. The department of transportation may
10promulgate rules to exempt types of motor vehicles from this mileage disclosure
11requirement and shall promulgate rules for making the disclosure requirement on
12a form
or in an automated format other than the certificate of title.
AB100-engrossed,1636,1814
218.02
(9) (a) The division may make such rules and require such reports as
15the division deems necessary for the enforcement of this section. Sections 217.17,
16217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this
17section.
Orders of the division under this section are subject to review by the
18consumer credit review board under s. 220.037.
AB100-engrossed,1637,322
218.33
(2) (b) For each motor vehicle offered for sale by a motor vehicle dealer,
23the transferring dealer shall provide the motor vehicle auction dealer with clear title
24or shall furnish title insurance at the time of the sale. For each motor vehicle sold
25at an auction, the motor vehicle auction dealer shall enter on the certificate of title,
1or on the form
or in the automated format used to reassign the title, any information
2that the department requires to indicate that ownership of the vehicle was
3transferred through an auction sale.
AB100-engrossed,1637,95
218.52
(3) For each motor vehicle sold by a motor vehicle salvage pool, the
6motor vehicle salvage pool shall enter on the certificate of title, or on the form
or in
7the automated format used to reassign the title, any information that the
8department requires to indicate that ownership of the vehicle was transferred by a
9motor vehicle salvage pool.
AB100-engrossed,1637,1711
220.02
(5) Except
as otherwise provided in s. 220.037 for acts and decisions of
12the division under chs. 138, 217 and 218, any interested person or any bank or
13banking corporation aggrieved by an act, order or determination of the division may,
14within 10 days from the date thereof, apply to the banking review board to review
15the same. All such applications for review shall be considered and disposed of as
16speedily as possible. The banking review board may require the division to submit
17any of the division's actions subject to such review to said board for its approval.
AB100-engrossed,1638,219
220.035
(1) (a) The banking review board shall advise the division and others
20in respect to improvement in the condition and service of banks and banking
21business in this state and shall review the acts and decisions of the division with
22respect to banks, except for such acts and decisions
subject to review under s. 220.037 23of the division under chs. 138, 217 and 218, and shall perform such other review
24functions in relation to banking as are provided by law. The banking review board
1may require the division to submit any of the division's actions to it for its approval.
2The board may make rules of procedure as provided in ch. 227.
AB100-engrossed,1638,55
221.0102
(4) (bm) The bank's surplus.
AB100-engrossed,1638,237
221.0303
(2) Operation and acquisition of customer bank communications
8terminals. A bank may, directly or indirectly, acquire, place and operate, or
9participate in the acquisition, placement and operation of, at locations other than its
10main or branch offices, customer bank communications terminals, in accordance
11with rules established by the division. The rules of the division shall provide that
12any such customer bank communications terminal shall be available for use, on a
13nondiscriminatory basis, by any state or national bank
and by all customers
14designated by a bank using the terminal. This subsection does not authorize a bank
15which has its principal place of business outside this state to conduct banking
16business in this state. The customer bank communications terminals also shall be
17available for use, on a nondiscriminatory basis, by any credit union, savings and loan
18association or savings bank, if the credit union, savings and loan association or
19savings bank requests to share its use, subject to rules jointly established by the
20division of banking, the office of credit unions and the division of savings and loan.
21The division by order may authorize the installation and operation of a customer
22bank communications terminal in a mobile facility, after notice and hearing upon the
23proposed service stops of the mobile facility.
AB100-engrossed,1639,5
1224.71
(1r) (b) 1.
The Wisconsin housing and economic development authority,
2or a A bank, trust company, savings bank, savings and loan association, insurance
3company, or a land mortgage or farm loan association organized under the laws of
4this state or of the United States, when engaged in the transaction of business within
5the scope of its corporate powers as provided by law.
AB100-engrossed,1639,87
224.71
(1r) (b) 1m. A community-based organization, as defined in s. 16.30 (1),
8or a housing authority, as defined in s. 16.30 (2).
AB100-engrossed,1639,1110
224.71
(1r) (b) 3. Employes of persons described in subds. 1.
and to 2. if the
11employe is performing his or her duties as an employe.
AB100-engrossed,1639,1713
224.71
(2) (b) 1.
The Wisconsin housing and economic development authority,
14or a A bank, trust company, savings bank, savings and loan association, insurance
15company, or a land mortgage or farm loan association organized under the laws of
16this state or of the United States, when engaged in the transaction of business within
17the scope of its corporate powers as provided by law.
AB100-engrossed,1639,2019
224.71
(2) (b) 1m. A community-based organization, as defined in s. 16.30 (1),
20or a housing authority, as defined in s. 16.30 (2).
AB100-engrossed,1639,2322
224.71
(2) (b) 3. Employes of persons described in subds. 1.
and to 2. if the
23employe is performing his or her duties as an employe.
AB100-engrossed,1640,5
1224.71
(3) (b) 1.
The Wisconsin housing and economic development authority,
2or a A bank, trust company, savings bank, savings and loan association, insurance
3company, or a land mortgage or farm loan association organized under the laws of
4this state or of the United States, when engaged in the transaction of business within
5the scope of its corporate powers as provided by law.
AB100-engrossed,1640,87
224.71
(3) (b) 1m. A community-based organization, as defined in s. 16.30 (1),
8or a housing authority, as defined in s. 16.30 (2).
AB100-engrossed,1640,1110
224.71
(3) (b) 3. Employes of persons described in subds. 1.
and to 2. if the
11employe is performing his or her duties as an employe.
AB100-engrossed,1640,1813
224.72
(5) (b) 1. Upon receiving a properly completed application for
14registration as a mortgage banker, the fee specified
in sub. (8) (b) and
, except as
15provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the
16department shall issue to the applicant a temporary certificate of registration as a
17mortgage banker. A temporary certificate of registration is valid for 6 months after
18the date of issuance.
AB100-engrossed,1641,220
224.72
(7) Renewal of registration. A loan originator, loan solicitor or
21mortgage banker shall renew a certificate of registration by submitting to the
22department a renewal application and the applicable renewal fee specified under
23sub. (8) (c) on or before the applicable renewal date specified under sub. (8) (c).
24Except as provided in s. 224.85 (2), an An applicant for renewal of a certificate of
1registration as a mortgage banker shall, as part of the application, refile a bond that
2satisfies sub. (4) (b) or resubmit evidence that satisfies sub. (4) (a) or (c).
AB100-engrossed,1641,65
227.01
(13) (ys) Establishes a technical standard for abating nonpoint source
6water pollution under s. 281.16 (2) (c) or (3) (c).
AB100-engrossed,1641,138
227.116
(4) (intro.) If an agency fails to review and make a determination on
9a permit application within the time period specified in a rule or law, for each such
10failure the agency shall prepare a report and submit it to the
permit information and
11regulatory assistance bureau business development assistance center within 5
12business days of the last day of the time period specified, setting forth all of the
13following:
AB100-engrossed,1641,1915
227.116
(5) If an agency fails to review and make a determination on a permit
16application within the time period specified in a rule or law, upon completion of the
17review and determination for that application, the agency shall notify the
permit
18information and regulatory assistance bureau business development assistance
19center.
AB100-engrossed,1642,221
227.43
(1m) Upon the request of an agency that is not prohibited from
22contracting with a 3rd party for contested case hearing services, the administrator
23of the division of hearings and appeals in the department of administration may
24contract with the agency to provide the contested case hearing services and may
1assign a hearing examiner to preside over any hearing performed under such a
2contract.
AB100-engrossed,1642,84
227.43
(3) (b) The administrator of the division of hearings and appeals may
5set the fees to be charged for any services rendered to the department of
6transportation by a hearing examiner under this section. The fee shall cover the total
7cost of the services less any costs covered by the appropriation under s. 20.505 (4)
(q) 8(f).
AB100-engrossed,1642,1110
227.43
(3) (e) The administrator of the division of hearings and appeals may
11set the fees to be charged for any services contracted for under sub. (1m).
AB100-engrossed,1642,1613
227.43
(4) (e) The agency contracting out for contested case hearing services
14under sub. (1m) shall pay all costs of the services of a hearing examiner, including
15support services, assigned under sub. (1m), according to the fees set under sub. (3)
16(e).
AB100-engrossed,1642,1918
227.485
(2) (e) "State agency" does not include the
public intervenor or citizens
19utility board.
AB100-engrossed,1643,2
21227.487 Frivolous actions. (1) (a) If a petition for a declaratory ruling under
22s. 227.41, a request for a hearing under s. 227.42 or a petition for a rehearing under
23s. 227.49 (1) is found by an agency to be frivolous, the agency may assess a forfeiture
24of not more than $500 against the person or the person's attorney who made the
25petition or request. In assessing the forfeiture against the person or the person's
1attorney, the agency may assess the forfeiture in such a manner that the person and
2the person's attorney each pay a portion of the forfeiture.
AB100-engrossed,1643,93
(b) If any application, pleading, motion, request or other action that relates to
4a contested case is found by a hearing examiner to be frivolous, the hearing examiner
5may assess a forfeiture of not more than $500 against the person or the person's
6attorney who made the application, pleading, motion, request or other action. In
7assessing the forfeiture against the person or the person's attorney, the hearing
8examiner may assess the forfeiture in such a manner that the person and the
9person's attorney each pay a portion of the forfeiture.
AB100-engrossed,1643,13
10(2) In order for an agency to find a petition or request to be frivolous under sub.
11(1) (a) or for a hearing examiner to find an application, pleading, motion, request or
12other action to be frivolous under sub. (1) (b), the agency or hearing examiner must
13find one or more of the following:
AB100-engrossed,1643,1614
(a) The petition or request specified in sub. (1) (a) or the application, pleading,
15motion, request or other action specified in sub. (1) (b) must have been undertaken
16for the purpose of delay.
AB100-engrossed,1643,2017
(b) The petition or request specified in sub. (1) (a) or the application, pleading,
18motion, request or other action specified in sub. (1) (b) must have been undertaken
19for the purpose of maliciously injuring the reputation of an agency or an agency
20employe.
AB100-engrossed,1643,2421
(c) The person or the person's attorney knew, or should have known, that the
22petition or request specified in sub. (1) (a) or the application, pleading, motion,
23request or other action specified in sub. (1) (b) was undertaken without any
24reasonable basis in law or fact.
AB100-engrossed,1644,3
1(3) This section does not apply to any petition or request under sub. (1) (a) or
2any application, pleading, motion, request or other action under sub. (1) (b) that
3relates to subch. II of ch. 111.
AB100-engrossed,1644,10
6227.52 Judicial review; decisions reviewable. (intro.) Administrative
7decisions which adversely affect the substantial interests of any person, whether by
8action or inaction, whether affirmative or negative in form, are subject to review as
9provided in this chapter, except
for the decisions
as otherwise provided by law and
10except for the following:
AB100-engrossed,1644,12
11(1) Decisions of the department of revenue other than decisions relating to
12alcohol beverage permits issued under ch. 125
, decisions
.
AB100-engrossed,1644,13
13(2) Decisions of the department of employe trust funds
,.
AB100-engrossed,1644,15
14(3) Those decisions of the division of banking
, that are subject to review, prior
15to any judicial review, by the banking review board.
AB100-engrossed,1644,16
16(4) Decisions of the office of credit unions
,.
AB100-engrossed,1644,17
17(5) Decisions of the division of savings and loan
,.
AB100-engrossed,1644,19
18(6) Decisions of the
chairperson of the elections board
of state canvassers and
19those.
AB100-engrossed,1644,22
20(7) Those decisions of the department of workforce development which are
21subject to review, prior to any judicial review, by the labor and industry review
22commission
, and except as otherwise provided by law.
AB100-engrossed,1645,724
227.53
(1) (a) 1. Proceedings for review shall be instituted by serving a petition
25therefor personally or by certified mail upon the agency or one of its officials, and
1filing the petition in the office of the clerk of the circuit court for the county where
2the judicial review proceedings are to be held. If the agency whose decision is sought
3to be reviewed is the tax appeals commission, the banking review board,
the
4consumer credit review board, the credit union review board, the savings and loan
5review board or the savings bank review board, the petition shall be served upon both
6the agency whose decision is sought to be reviewed and the corresponding named
7respondent, as specified under par. (b) 1. to 5.
AB100-engrossed,1645,109
227.53
(1) (b) 2. The banking review board
or the consumer credit review board,
10the division of banking.
AB100-engrossed,1645,1912
227.53
(1) (d) The agency (except in the case of the tax appeals commission and
13the banking review board,
the consumer credit review board, the credit union review
14board, the savings and loan review board and the savings bank review board) and
15all parties to the proceeding before it, shall have the right to participate in the
16proceedings for review. The court may permit other interested persons to intervene.
17Any person petitioning the court to intervene shall serve a copy of the petition on each
18party who appeared before the agency and any additional parties to the judicial
19review at least 5 days prior to the date set for hearing on the petition.
AB100-engrossed,1645,24
21227.54 Stay of proceedings. The institution of the proceeding for review
22shall not stay enforcement of the agency decision. The reviewing court may order a
23stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43
,
24253.06 (7) and 551.62.