AB486: Bill Text

AB486,24,12 50.02 (4m) Deadlines for action on applications. (a) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,24,13 1. A license for an institution for mental diseases under s. 50.03 (1m).

AB486,24,14 2. A license for a nursing home under s. 50.03 (4) (a) 1. a.

AB486,24,16 3. A license for a community-based residential facility under s. 50.03 (4) (a) 1. b.

AB486,24,17 4. A certification for an adult family home under s. 50.032 (1m) (a).

AB486,24,18 5. A license for an adult family home under s. 50.033 (1m) (a).

AB486,24,20 6. A certification for a residential care apartment complex under s. 50.034 (1) (a).

AB486,24,22 7. A registration for a residential care apartment complex under s. 50.034 (1) (b).

AB486,24,23 8. A certificate of approval for a hospital under s. 50.35.

AB486,24,24 9. A license for a home health agency under s. 50.49 (6) (a).

AB486,24,25 10. A provisional license for a home health agency under s. 50.49 (10).

AB486,25,1 11. A license or provisional license for a rural medical center under s. 50.52 (2).

AB486,25,2 12. A license for a hospice under s. 50.92 (2).

AB486,25,3 13. A provisional license for a hospice under s. 50.93 (3).

AB486,25,11 (b) Failure to meet deadlines. 1. Subject to par. (d), the department shall refund fees paid by the applicant for a license, provisional license, certificate of approval, registration, or certification specified in par. (a) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, provisional license, certificate of approval, registration, or certification, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license, provisional license, certificate of approval, registration, or certification.

AB486,25,15 2. The department may not disapprove an application for a license, provisional license, certificate of approval, registration, or certification solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,25,19 (c) Notice of deadline. Upon receiving an application for a license, provisional license, certificate of approval, registration, or certification specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the license, provisional license, certificate of approval, registration, or certification.

AB486,25,24 (d) Permitted extension of deadline. The department may extend the period established under par. (a) 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. 14 Section 14. 51.031 of the statutes is created to read:

AB486,26,3 51.031 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:

AB486,26,4 (a) Certification for an outpatient mental health clinic under s. 51.038.

AB486,26,5 (b) Certification for a treatment facility under s. 51.04.

AB486,26,7 (c) Certification of community mental health programs under rules required under s. 51.42 (7) (b) 11.

AB486,26,9 (d) Certification of providers of community support programs under rules required under s. 51.421 (3) (a).

AB486,26,10 (e) Approval for a treatment facility under s. 51.45 (8).

AB486,26,16 (2) Failure to meet deadlines. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a certification 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 certification or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the certification or approval.

AB486,26,19 (b) The department may not disapprove an application for a certification or approval solely because the department is unable to complete its review of the application within the period established under sub. (1)

AB486,26,22 (3) Notice of deadline. Upon receiving an application for a certification or approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the certification or approval.

AB486,27,2 (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. 15 Section 15. 73.303 of the statutes is created to read:

AB486,27,5 73.303 Deadlines for action on permit applications. (1) In this section, "department" means the department of revenue.

AB486,27,7 (2) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,27,8 (a) A permit under s. 139.34.

AB486,27,9 (b) A cigarette salesperson permit under s. 139.37.

AB486,27,10 (c) A tobacco product salesperson permit under s. 139.81.

AB486,27,15 (3) (a) Subject to sub. (5), the department shall refund fees paid by the applicant for a permit specified in sub. (2) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the permit, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the permit.

AB486,27,18 (b) The department may not disapprove an application for a permit solely because the department is unable to complete its review of the application within the period established under sub. (2).

AB486,27,21 (4) Upon receiving an application for a permit specified in sub. (2), the department shall inform the applicant of the period established under sub. (2) for the permit.

AB486,27,25 (5) 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. 16 Section 16. 84.063 (5) of the statutes is amended to read:

AB486,28,3 84.063 (5) Rules. The department shall promulgate rules, including any rule required under s. 85.16 (3), to implement and administer this section.

AB486, s. 17 Section 17. 84.30 (14) of the statutes is amended to read:

AB486,28,12 84.30 (14) Department rules. The department may promulgate rules deemed necessary to implement and enforce this section. The department shall promulgate rules to restrict the erection and maintenance of signs as to their lighting, size, number and spacing when such signs are visible from the highway but outside the adjacent area. The department shall by rule establish a priority system for the removal or relocation of all signs not specified in sub. (5) (d) which fail to conform to the requirements of sub. (5). The department's rules shall include any rule required under s. 85.16 (3).

AB486, s. 18 Section 18. 85.16 (3) of the statutes is created to read:

AB486,28,15 85.16 (3) (a) The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486,28,16 1. An approval related to a utility facilities work plan under s. 84.063 (3) (c).

AB486,28,18 2. An approval or permit related to a controlled-access highway under s. 84.25 (4) or (7).

AB486,28,20 3. An approval of a franchise or permit granted by a municipality as specified in s. 84.08.

AB486,28,21 4. An outdoor advertising business license under s. 84.30 (10).

AB486,28,22 5. An outdoor advertising sign permit under s. 84.30 (10m).

AB486,28,23 6. An approval related to highway vegetation under s. 86.03 (3).

AB486,28,25 7. A permit related to excavating, filling, altering, or disturbing a highway or bridge under s. 86.07 (2).

AB486,29,2 8. A permit for the erection and maintenance of a specific information sign under s. 86.195 (2) (a) or a business sign under s. 86.195 (2) (b).

AB486,29,4 9. A permit for the erection and maintenance of a tourist-oriented directional sign under s. 86.196 (2).

AB486,29,5 10. An unairworthy aircraft certificate under s. 114.20 (5).

AB486,29,6 11. A recreational vehicle dealer's license under s. 218.11.

AB486,29,7 12. A recreational vehicle salesperson's license under s. 218.12.

AB486,29,8 13. A motor vehicle salvage dealer's license under s. 218.22.

AB486,29,9 14. A motor vehicle auction dealer's license under s. 218.32.

AB486,29,10 15. A moped dealer's license under s. 218.41.

AB486,29,11 16. A buyer identification card under s. 218.51.

AB486,29,13 17. An approval related to quarterly or consecutive monthly registration under s. 341.185 or 341.19.

AB486,29,15 18. A registration of a dealer, distributor, manufacturer, or transporter under s. 341.51.

AB486,29,17 19. A registration of a finance company or a financial institution under s. 341.57.

AB486,29,18 20. A certificate of title under s. 342.18.

AB486,29,19 21. A permit to perform chemical analysis of the breath under s. 343.305 (6).

AB486,29,20 22. A license to conduct a driver school under s. 343.61.

AB486,29,21 23. A license to act as a driving instructor under s. 343.62.

AB486,29,23 24. A permit related to oversize and overweight vehicles and loads under ss. 348.26 or 348.27.

AB486,30,5 (b) Subject to par. (f), the department shall refund any applicable fee paid by the applicant for any license, permit, or other approval specified in par. (a) 1. to 5., 7. to 16., and 21. to 23. if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license, permit, or other approval.

AB486,30,20 (c) Subject to par. (f), failure by the department to provide the applicant for a license, permit, or other approval specified in par. (a) 6. and 17. to 20. with written notice that the department has approved or disapproved the application for the license, permit, or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the license, permit, or other approval, constitutes approval of the application. A license, permit, or other approval approved under this paragraph is subject to any terms or conditions specified by statute or rule for the license, permit, or other approval and the department may suspend, limit, revoke, or withdraw the license, permit, or other approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under par. (a) for the license, permit, or other approval, the department shall provide the applicant with a statement showing that the license, permit, or other approval is approved and specifying any terms and conditions that apply to that license, permit, or other approval.

AB486,30,23 (d) The department may not disapprove an application for a license, permit, or other approval solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,31,3 (e) Upon receiving an application for a license, permit, or other approval specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the license, permit, or other approval.

AB486,31,5 (f) The department may include any of the following in the rules required under par. (a):

AB486,31,8 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for a license, permit, or other approval is complete.

AB486,31,12 2. Extensions of the period established under par. (a) 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.

AB486,31,20 3. Extensions of the period established under par. (a) because the application is incomplete or information needed by the department to complete its review of an application for a license, permit, or other approval 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 and the notice specifically describes the information that must be provided to complete the application or the information needed to complete the department's review of the application.

AB486,31,24 4. Extensions of the period established under par. (a) if, during the period established under par. (a), the department and the applicant jointly agree to a different period for acting on an application for a license, permit, or other approval than that specified under par. (a).

AB486,32,2 5. Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,32,8 6. With respect to any application for a license, permit, or other approval for which failure by the department to approve or disapprove the application before the expiration of the period established under par. (a) constitutes approval of the application under par. (c), extensions of the period established under par. (a) for the application by not more than 60 days if the department provides written notice of the extension to the applicant within the period established under par. (a).

AB486, s. 19 Section 19. 86.196 (2) (c) of the statutes is amended to read:

AB486,32,12 86.196 (2) (c) Provisions for fees to cover costs of sign manufacture, erection and maintenance to be collected through a permit system and deadlines for acting on permit applications as required under s. 85.16 (3).

AB486, s. 20 Section 20. 93.125 of the statutes is created to read:

AB486,32,16 93.125 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:

AB486,32,17 (a) A food inspector license under s. 93.11.

AB486,32,18 (b) A professional weather modification license under s. 93.35 (4).

AB486,32,19 (c) An individual commercial pesticide applicator license under s. 94.704.

AB486,32,20 (d) A pesticide applicator certification under s. 94.705.

AB486,32,21 (f) A buttermaker or cheesemaker license under s. 97.17.