AB486: Bill Text

AB486,10,24 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for an approval specified in sub. (1) with written notice that the department has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval, constitutes approval of the application. An application approved under this paragraph is subject to any terms or conditions specified by statute or rule for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under sub. (1) for the approval, the department shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,11,3 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,11,6 (3) Notice of deadline. Upon receiving an application for an approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the approval.

AB486,11,8 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486,11,10 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for an approval is complete.

AB486,11,13 (b) A longer period under sub. (1) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,11,17 (c) Extensions of the period established under sub. (1) 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.

AB486,11,22 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for an 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.

AB486,11,24 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,12,3 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (1).

AB486,12,7 (b) 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.

AB486,12,10 (c) The department may extend the period established under sub. (1) for an application by not more than 60 days if the department provides written notice of the extension to the applicant within the period established under sub. (1).

AB486,12,18 (d) The department may extend the period established under sub. (1) for an application by more than 60 days if, within the period established under sub. (1), 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 public health or safety or the environment and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 5 Section 5. 16.61 (14) of the statutes is created to read:

AB486,12,22 16.61 (14) Automatic approval of certain applications. (a) Deadlines. The board, by rule, shall establish periods within which the board intends to approve or disapprove an application for any of the following:

AB486,12,23 1. Disposition of public records under s. 16.61 (4) (a).

AB486,12,24 2. Approval of public records retention schedules under s. 16.61 (4) (b).

AB486,12,25 3. Approval to microfilm public records under s. 16.61 (6).

AB486,13,1 4. Approval for release of confidential public records under s. 16.61 (13) (d) 1.

AB486,13,13 (b) Failure to meet deadline. 1. Subject to pars. (d) 3. and 4. and (e), failure by the board to provide the applicant for an approval specified in par. (a) with written notice that the board has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the approval, constitutes approval of the application. An application approved under this subdivision is subject to any terms or conditions specified by statute or rule for the approval and the board may suspend, limit, revoke, or withdraw the 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 approval, the board shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,13,16 2. The board may not disapprove an application for an approval solely because the board is unable to complete its review of the application within the period established under par. (a).

AB486,13,19 (c) Notice of deadline. Upon receiving an application for an approval specified in par. (a), the board shall inform the applicant of the period established under par. (a) for the approval.

AB486,13,21 (d) Optional provisions of rules. The board may include any of the following in the rules required under par. (a):

AB486,13,23 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for an approval is complete.

AB486,14,3 2. A longer period under par. (a) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,14,6 3. Extensions of the period established under par. (a) because the applicant makes a material modification to the application if the board notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB486,14,11 4. Extensions of the period established under par. (a) because information needed by the board to complete its review of an application for an approval is unknown or cannot be determined with certainty when the board receives the application if the board notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application.

AB486,14,13 5. Deadlines for the board to complete intermediate steps in the process of completing its review of an application.

AB486,14,16 (e) Extensions authorized. 1. During the period established under par. (a), the board and the applicant may jointly agree to a different period for acting on an application than that specified under par. (a).

AB486,14,20 2. The board may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the board provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486,14,23 3. The board may extend the period established under par. (a) for an application by not more than 60 days if the board provides written notice of the extension to the applicant within the period established under par. (a).

AB486,15,5 4. The board may extend the period established under par. (a) for an application by more than 60 days if, within the period established under par. (a), the board finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the board cannot adequately review the application within the period established under par. (a) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 6 Section 6. 16.83 (5) of the statutes is created to read:

AB486,15,10 16.83 (5) Automatic approval of certain applications. (a) Deadlines. The board, by rule, shall establish periods within which the board intends to approve or disapprove an application for approval of proposed alterations to the state capitol or executive residence.

AB486,15,22 (b) Failure to meet deadline. 1. Subject to pars. (d) 3. and 4. and (e), failure by the board to provide the applicant for an approval specified in par. (a) with written notice that the board has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the approval, constitutes approval of the application. An application approved under this subdivision is subject to any terms or conditions specified by statute or rule for the approval and the board may suspend, limit, revoke, or withdraw the 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 approval, the board shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

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

AB486,16,3 (c) Notice of deadline. Upon receiving an application for an approval specified in par. (a), the board shall inform the applicant of the period established under par. (a) for the approval.

AB486,16,5 (d) Optional provisions of rules. The board may include any of the following in the rules required under par. (a):

AB486,16,7 1. Methods for determining the commencement of the period established under par. (a) and for determining when the application for an approval is complete.

AB486,16,10 2. A longer period under par. (a) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,16,13 3. Extensions of the period established under par. (a) because the applicant makes a material modification to the application if the board notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

AB486,16,18 4. Extensions of the period established under par. (a) because information needed by the board to complete its review of an application for an approval is unknown or cannot be determined with certainty when the board receives the application if the board notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application.

AB486,16,20 5. Deadlines for the board to complete intermediate steps in the process of completing its review of an application.

AB486,16,23 (e) Extensions authorized. 1. During the period established under par. (a), the board and the applicant may jointly agree to a different period for acting on an application than that specified under par. (a).

AB486,17,2 2. The board may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the board provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486,17,5 3. The board may extend the period established under par. (a) for an application by not more than 60 days if the board provides written notice of the extension to the applicant within the period established under par. (a).

AB486,17,12 4. The board may extend the period established under par. (a) for an application by more than 60 days if, within the period established under par. (a), the board finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to public health or safety or the environment and that the board cannot adequately review the application within the period established under par. (a) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 7 Section 7. 22.21 of the statutes is created to read:

AB486,17,16 22.21 Automatic approval of certain 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:

AB486,17,17 (a) Licensing of computer programs under s. 22.03 (4) (a).

AB486,17,18 (b) Proposed purchasing contracts under s. 22.09 (5).

AB486,17,19 (c) Proposed strategic plans of executive branch agencies under s. 22.13 (5).

AB486,18,6 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for an approval specified in sub. (1) with written notice that the department has approved or disapproved the application, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval, constitutes approval of the application. An application approved under this paragraph is subject to any terms or conditions specified by statute or rule for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. Within 30 days after the expiration of the period established under sub. (1) for the approval, the department shall provide the applicant with a statement showing that the application is approved and specifying any terms and conditions that apply to that approval.

AB486,18,9 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,18,12 (3) Notice of deadline. Upon receiving an application for an approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the approval.

AB486,18,14 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486,18,16 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for an approval is complete.

AB486,18,19 (b) A longer period under sub. (1) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,18,23 (c) Extensions of the period established under sub. (1) 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.

AB486,19,3 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for an 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.

AB486,19,5 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,19,8 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (1).

AB486,19,12 (b) 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.

AB486,19,15 (c) The department may extend the period established under sub. (1) for an application by not more than 60 days if the department provides written notice of the extension to the applicant within the period established under sub. (1).

AB486,19,23 (d) The department may extend the period established under sub. (1) for an application by more than 60 days if, within the period established under sub. (1), 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 public health or safety or the environment and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice to the applicant that states with particularity the facts on which those findings are based.

AB486, s. 8 Section 8. 29.026 of the statutes is created to read:

AB486,20,4 29.026 Deadlines for action on certain approval 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 approvals specified in s. 29.024 (2r) 1. to 16.

AB486,20,10 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval subject to sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the approval.

AB486,20,13 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,20,16 (3) Notice of deadline. Upon receiving an application for an approval subject to sub. (1), the department shall inform the applicant of the period established under sub. (1) for the approval.

AB486,20,21 (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. 9 Section 9. 45.54 (11) of the statutes is created to read:

AB486,20,25 45.54 (11) Deadlines for action on permits and approvals. (a) The board, by rule, shall establish periods within which the board intends to approve or disapprove an application for any of the following:

AB486,21,1 1. A permit under sub. (8) (b).

AB486,21,2 2. An approval under sub. (10).

AB486,21,8 (b) Subject to par. (d), the board shall refund fees paid by the applicant for a permit or approval specified in par. (a) if the board fails to provide the applicant with written notice that the board has approved or disapproved the application for the permit or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the permit or approval.

AB486,21,11 (c) The board may not disapprove an application solely because the board is unable to complete its review of the application within the period established under par. (a).

AB486,21,14 (d) Upon receiving an application for a permit or approval specified in par. (a), the board shall inform the applicant of the period established under par. (a) for the permit or approval.

AB486,21,18 (e) The board may extend the period established under par. (a) because an application is incomplete if, within 30 days after receiving the application, the board provides written notice to the applicant describing specifically the information that must be provided to complete the application.

AB486, s. 10 Section 10. 46.284 (3m) of the statutes is created to read:

AB486,21,22 46.284 (3m) Deadline for action on certification application. (a) Deadline. The department, by rule, shall establish a period within which the department intends to approve or disapprove an application for certification under sub. (3).

AB486,22,3 (b) Failure to meet deadline. 1. Subject to par. (d), the department shall refund fees paid by the application for 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 certification, including the specific facts upon which any disapproval is based, before the expiration of the period established under par. (a) for the certification.

AB486,22,6 2. The department may not disapprove an application for certification solely because the department is unable to complete its review of the application within the period established under par. (a).

AB486,22,9 (c) Notice of deadline. Upon receiving an application for certification specified in par. (a), the department shall inform the applicant of the period established under par. (a) for the certification.

AB486,22,14 (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. 11 Section 11. 48.66 (2r) of the statutes is created to read:

AB486,22,21 48.66 (2r) (a) The department of health and family services, by rule, shall establish periods within which the department intends to approve or disapprove an application for a license to operate a child welfare agency, group home, shelter care facility, or day care center. The department of corrections, by rule, shall establish a period within which the department intends to approve or disapprove an application for a license to operate a secured child caring institution.

AB486,23,2 (b) 1. Subject to par. (d), the department of health and family services or the department of corrections shall refund all fees paid by the applicant for a license specified in par. (a) if the department that receives the fee fails to provide the applicant with written notice that it 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.

AB486,23,6 2. The department of health and family services or the department of corrections may not disapprove an application for a license specified in par. (a) solely because the department reviewing the application is unable to complete its review of the application within the period established under par. (a) for the license.