AB486: Bill Text

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.

AB486,32,22 (g) A butter grader or cheese grader license under s. 97.175.

AB486,32,23 (h) A milk producer license under s. 97.22 (2).

AB486,32,24 (i) A grade A dairy farm permit under s. 97.22 (3).

AB486,32,25 (j) A milk and cream tester license under s. 98.145.

AB486,33,1 (k) A milk weigher and sampler license under s. 98.146.

AB486,33,7 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other 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 license or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license or other approval.

AB486,33,10 (b) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486,33,13 (3) Notice of deadline. Upon receiving an application for a license or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license or other approval.

AB486,33,18 (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. 21 Section 21. 93.13 of the statutes is created to read:

AB486,33,22 93.13 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:

AB486,33,23 (a) A weather modification permit under s. 93.35 (6).

AB486,33,24 (am) A nursery dealer license under s. 94.10 (2).

AB486,33,25 (b) A nursery grower license under s. 94.10 (3).

AB486,34,1 (c) A Christmas tree grower license under s. 94.10 (3g).

AB486,34,2 (cm) A seed labeler's license under s. 94.43.

AB486,34,3 (d) A ginseng grower or dealer registration under s. 94.50 (2).

AB486,34,4 (e) A fertilizer manufacturer or distributor license under s. 94.64 (3).

AB486,34,5 (em) A nonagricultural or special-use fertilizer permit under s. 94.64 (3m).

AB486,34,7 (f) A soil or plant additive manufacturer or distributor license under s. 94.65 (2).

AB486,34,8 (g) A soil or plant additive permit under s. 94.65 (3).

AB486,34,9 (gm) A license for the sale or distribution of liming material under s. 94.66 (2).

AB486,34,10 (h) A pesticide manufacturer or labeler license under s. 94.68 (1).

AB486,34,11 (i) A restricted-use pesticide dealer or distributor license under s. 94.685.

AB486,34,12 (im) A veterinary clinic pesticide use and repackaging permit under s. 94.702.

AB486,34,13 (j) A commercial pesticide application business license under s. 94.703.

AB486,34,14 (k) A commercial feed manufacturer or distributor license under s. 94.72 (5).

AB486,34,15 (km) A farm-raised deer registration under s. 95.55.

AB486,34,16 (L) A fish farm registration under s. 95.60 (3m).

AB486,34,17 (m) An animal market license under s. 95.68 (2).

AB486,34,18 (mm) An animal dealer license under s. 95.69 (2).

AB486,34,19 (n) An animal trucker license under s. 95.71 (2).

AB486,34,20 (p) A license for collecting or processing dead animals under s. 95.72 (2).

AB486,34,21 (pm) A license for transporting dead animals under s. 95.72 (7).

AB486,34,22 (q) A dairy plant license under s. 97.20 (2).

AB486,34,23 (r) A bulk milk tanker license under s. 97.21 (2).

AB486,34,24 (rm) A milk distributor license under s. 97.21 (3).

AB486,34,25 (s) A food warehouse license under s. 97.27 (2).

AB486,35,1 (t) A food processing plant license under s. 97.29 (2).

AB486,35,2 (tm) A retail food establishment license under s. 97.30 (2).

AB486,35,5 (u) A meat or poultry commercial slaughtering or processing license or a meat or poultry custom slaughtering or processing registration certificate under s. 97.42 (2).

AB486,35,6 (v) A vehicle scale license under s. 98.16.

AB486,35,7 (vm) A weights and measures servicing license under s. 98.18 (1) (a).

AB486,35,8 (w) A liquid petroleum gas meter registration under s. 98.245 (7).

AB486,35,9 (wm) A public warehouse keeper license under s. 99.02 (1).

AB486,35,11 (x) A mobile air conditioner servicing registration certificate under s. 100.45 (5) (c).

AB486,35,12 (xm) A grain dealer license under s. 126.11.

AB486,35,13 (y) A grain warehouse keeper license under s. 126.26.

AB486,35,14 (ym) A milk contractor license under s. 126.41.

AB486,35,15 (z) A vegetable contractor license under s. 126.56.

AB486,36,5 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for a license, permit, or other approval specified in sub. (1) 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 sub. (1) 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 sub. (1) 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.

AB486,36,8 (b) 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 sub. (1).

AB486,36,11 (3) Notice of deadline. Upon receiving an application for a license, permit, or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license, permit, or other approval.

AB486,36,13 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486,36,16 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for a license, permit, or other approval is complete.

AB486,36,19 (b) A longer period under sub. (1) for an application for a permit, approval, or other determination for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486,36,23 (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.

AB486,37,4 (d) Extensions of the period established under sub. (1) because 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.

AB486,37,6 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486,37,10 (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 for a license, permit, or other approval than that specified under sub. (1).

AB486,37,14 (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.

AB486,37,17 (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).

AB486,37,25 (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. 22 Section 22. 101.022 of the statutes is created to read:

AB486,38,3 101.022 Deadlines for action on certain applications. (1) Definitions. In this section, "license or building plan application" means any of the following:

AB486,38,9 (a) An application for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB486,38,11 (b) Forms, plans, and other information submitted to the department under s. 101.12 or 145.26.