AB768: Bill Text

AB768,208,25 218.04 (5) (b) No Except as provided in par. (am), no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license and this shall be deemed the equivalent of delivering the notice of hearing and complaint to the licensee.

AB768, s. 416 Section 416. 218.05 (3) (am) of the statutes is created to read:

AB768,209,3 218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section shall include the following:

AB768,209,4 a. If the applicant is an individual, the applicant's social security number.

AB768,209,6 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,209,9 2. The division may not disclose any information received under subd. 1. a. or b. to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 417 Section 417. 218.05 (4) (c) of the statutes is created to read:

AB768,209,17 218.05 (4) (c) In addition to the grounds for denial of a license under par. (a), the division shall deny an application for a license under this section if the applicant fails to provide the information required under sub. (3) (am) 1. or if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application is denied under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 418 Section 418. 218.05 (11) of the statutes is amended to read:

AB768,210,4 218.05 (11) Renewal. Every licensee shall, on or before December 20, pay to the division the sum of $300 as an annual license fee for the next succeeding calendar year and, at the same time, shall file with the division the annual bond and insurance policy or policies in the same amount and of the same character as required by subs. (3) (c) and (6). The division may not renew a license under this section if the applicant for renewal fails to provide the information required under sub. (3) (am) 1. or if the department of revenue certifies under s. 73.0301 that the applicant for renewal is liable for delinquent taxes. An applicant whose application is not renewed under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 419 Section 419. 218.05 (12) (am) of the statutes is created to read:

AB768,210,11 218.05 (12) (am) The division shall revoke a license under this section if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 420 Section 420. 218.05 (12) (b) of the statutes is amended to read:

AB768,210,18 218.05 (12) (b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply. A revocation under par. (am) applies to all of the licenses issued to the licensee.

AB768, s. 421 Section 421. 218.05 (12) (e) of the statutes is amended to read:

AB768,211,2 218.05 (12) (e) No Except as provided under par. (am), no license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.

AB768, s. 422 Section 422. 218.11 (2) (a) of the statutes is renumbered 218.11 (2) (a) (intro.) and amended to read:

AB768,211,8 218.11 (2) (a) (intro.) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under par. (c) or (d). If the licensor is the department of transportation, an application shall include the following:

AB768, s. 423 Section 423. 218.11 (2) (a) 1. and 2. of the statutes are created to read:

AB768,211,11 218.11 (2) (a) 1. In the case of an individual, the individual's social security number.

AB768,211,13 2. In the case of a person who is not an individual, the person's federal employer identification number.

AB768, s. 424 Section 424. 218.11 (2) (ag) of the statutes is created to read:

AB768,211,17 218.11 (2) (ag) 1. The department of transportation shall deny an application for the issuance or renewal of a license if the information required under par. (a) 1. or 2. is not included in the application.

AB768,211,20 2. The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 425 Section 425. 218.11 (6g) of the statutes is created to read:

AB768,212,3 218.11 (6g) The licensor shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 426 Section 426. 218.11 (7) (a) of the statutes is amended to read:

AB768,212,12 218.11 (7) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under sub. (6g).

AB768, s. 427 Section 427. 218.11 (7) (b) of the statutes is amended to read:

AB768,212,25 218.11 (7) (b) No license may be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are revoked under sub. (6g).

AB768, s. 428 Section 428. 218.12 (2) (a) of the statutes is amended to read:

AB768,213,7 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The If the licensor is the department of transportation, the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

AB768, s. 429 Section 429. 218.12 (2) (ag) of the statutes is created to read:

AB768,213,11 218.12 (2) (ag) 1. The department of transportation shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB768,213,14 2. The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 430 Section 430. 218.12 (3g) of the statutes is created to read:

AB768,213,22 218.12 (3g) The department of transportation shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 431 Section 431. 218.12 (5) of the statutes is amended to read:

AB768,214,3 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial or revocation of a license under sub. (3g).

AB768, s. 432 Section 432. 218.21 (2) (ag) of the statutes is created to read:

AB768,214,6 218.21 (2) (ag) If the applicant is an individual, the individual's social security number.

AB768, s. 433 Section 433. 218.21 (2) (am) of the statutes is created to read:

AB768,214,9 218.21 (2) (am) If the applicant is a person who is not an individual, the person's federal employer identification number.

AB768, s. 434 Section 434. 218.21 (2m) of the statutes is created to read:

AB768,214,13 218.21 (2m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (2) (ag) or (am) is not included in the application.

AB768,214,16 (b) The department of transportation may not disclose any information received under sub. (2) (ag) or (am) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 435 Section 435. 218.22 (3g) of the statutes is created to read:

AB768,214,24 218.22 (3g) The department of transportation shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 436 Section 436. 218.22 (4) (a) of the statutes is amended to read:

AB768,215,6 218.22 (4) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3g).

AB768, s. 437 Section 437. 218.22 (4) (b) of the statutes is amended to read:

AB768,215,17 218.22 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are revoked under sub. (3g).

AB768, s. 438 Section 438. 218.31 (1) (ag) of the statutes is created to read:

AB768,215,20 218.31 (1) (ag) When the applicant is an individual, the individual's social security number.

AB768, s. 439 Section 439. 218.31 (1) (am) of the statutes is created to read:

AB768,215,23 218.31 (1) (am) When the applicant is a person who is not an individual, the person's federal employer identification number.

AB768, s. 440 Section 440. 218.31 (1m) of the statutes is created to read:

AB768,216,3 218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (1) (ag) or (am) is not included in the application.

AB768,216,6 (b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 441 Section 441. 218.32 (3g) of the statutes is created to read:

AB768,216,14 218.32 (3g) The department of transportation shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 442 Section 442. 218.32 (4) (a) of the statutes is amended to read:

AB768,216,21 218.32 (4) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3g).

AB768, s. 443 Section 443. 218.32 (4) (b) of the statutes is amended to read:

AB768,217,7 218.32 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are revoked under sub. (3g).

AB768, s. 444 Section 444. 220.01 (1e) of the statutes is created to read:

AB768,217,9 220.01 (1e) "Department" means the department of financial institutions.

AB768, s. 445 Section 445. 224.72 (2) (c) of the statutes is created to read:

AB768,217,12 224.72 (2) (c) Social security and federal employer identification numbers. 1. An application shall include the following:

AB768,217,13 a. In the case of an individual, the individual's social security number.

AB768,217,15 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB768,217,18 2. The department may not disclose any information received under subd. 1. a. or b. to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 446 Section 446. 224.72 (5) (a) of the statutes is amended to read:

AB768,217,23 224.72 (5) (a) Loan originator and loan solicitor. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB768, s. 447 Section 447. 224.72 (5) (b) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB768,218,6 224.72 (5) (b) 1. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB768, s. 448 Section 448. 224.72 (5) (b) 2. of the statutes is amended to read:

AB768,218,13 224.72 (5) (b) 2. If Except as provided in sub. (7m), if within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB768, s. 449 Section 449. 224.72 (7m) of the statutes is created to read:

AB768,218,23 224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if the applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1. or if the department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768, s. 450 Section 450. 224.77 (6) of the statutes is created to read:

AB768,219,7 224.77 (6) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

AB768, s. 451 Section 451. 227.03 (7m) of the statutes is created to read:

AB768,219,10 227.03 (7m) Except as provided in s. 101.143 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 101.143 (6s).

AB768, s. 452 Section 452. 227.44 (8) of the statutes is amended to read:

AB768,220,4 227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

AB768, s. 453 Section 453. 250.05 (5) of the statutes is amended to read:

AB768,220,10 250.05 (5) Registration. The Except as provided in sub. (8m), the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

AB768, s. 454 Section 454. 250.05 (6) of the statutes is amended to read: