SB246,23,2523 4. The extension is not longer than the number of days from the day on which
24the department provides the notice under subd. 1. to the day on which the
25department receives the information.
SB246, s. 12
1Section 12. 145.025 of the statutes is created to read:
SB246,24,9 2145.025 Automatic approval of certain applications. Except as otherwise
3provided in this section, any form or other writing that is submitted to the
4department under this chapter for the purpose of obtaining any approval of the
5department that is required by law as a prerequisite to the applicant taking certain
6actions is subject to s. 101.023. This section does not apply to an application for a
7license, registration, or certification under s. 145.02 (4), 145.035, 145.045, 145.15,
8145.16, 145.165, 145.17, 145.175, or 145.18, or to any form or other writing submitted
9to the department under s. 145.26.
SB246, s. 13 10Section 13. 168.165 of the statutes is created to read:
SB246,24,14 11168.165 Automatic approval of certain applications. Any form or other
12writing that is submitted to the department under this chapter for the purpose of
13obtaining any approval of the department that is required by law as a prerequisite
14to the applicant taking certain actions is subject to s. 101.023.
SB246, s. 14 15Section 14. 218.0114 (13) (b) of the statutes is amended to read:
SB246,24,1816 218.0114 (13) (b) The department of transportation shall promulgate rules
17establishing the license period for each type of license described in sub. (14) (a) to (f)
18and shall promulgate any rule required under s. 85.16 (3).
SB246, s. 15 19Section 15. 218.11 (2) (b) 1. of the statutes is amended to read:
SB246,24,2220 218.11 (2) (b) 1. The department shall promulgate rules establishing the
21license period under this section and shall promulgate any rule required under s.
2285.16 (3)
.
SB246, s. 16 23Section 16. 218.12 (2) (b) 2. of the statutes is amended to read:
SB246,25,3
1218.12 (2) (b) 2. The department may promulgate rules establishing a uniform
2expiration date for all licenses issued under this section and shall promulgate any
3rule required under s. 85.16 (3)
.
SB246, s. 17 4Section 17. 218.22 (2) (b) 1. of the statutes is amended to read:
SB246,25,65 218.22 (2) (b) 1. The department shall promulgate rules establishing a license
6period and shall promulgate any rule required under s. 85.16 (3).
SB246, s. 18 7Section 18. 218.32 (2) (b) 1. of the statutes is amended to read:
SB246,25,98 218.32 (2) (b) 1. The department shall promulgate rules establishing a license
9period and shall promulgate any rule required under s. 85.16 (3).
SB246, s. 19 10Section 19. 218.41 (2m) (a) 1. of the statutes is amended to read:
SB246,25,1211 218.41 (2m) (a) 1. The department shall promulgate rules establishing a
12license period and shall promulgate any rule required under s. 85.16 (3).
SB246, s. 20 13Section 20. 218.51 (3) (b) 1. of the statutes is amended to read:
SB246,25,1514 218.51 (3) (b) 1. The department shall promulgate rules establishing the buyer
15identification card period and shall promulgate any rule required under s. 85.16 (3).
SB246, s. 21 16Section 21. 224.50 of the statutes is created to read:
SB246,25,19 17224.50 Deadlines for action on certain applications. (1) Definition. In
18this section, "department" means the department of financial institutions and any
19subunit of the department of financial institutions.
SB246,25,22 20(2) Deadlines. (a) The department, by rule, shall establish periods within
21which the department intends to approve or disapprove an application for any of the
22following:
SB246,25,2323 1. A lender license under s. 138.09 (1m) (a).
SB246,25,2424 2. An insurance premium finance company license under s. 138.12 (3).
SB246,25,2525 3. A seller of checks license under s. 217.03.
SB246,26,1
14. An adjustment service company license under s. 218.02.
SB246,26,22 5. A collection agency license under s. 218.04.
SB246,26,33 6. A community currency exchange license under s. 218.05.
SB246,26,54 7. A mortgage banker, loan originator, or mortgage broker registration under
5s. 224.72.
SB246,26,66 8. A nondepository small business lender license under s. 224.92.
SB246,26,87 9. A broker-dealer, agent, investment adviser, or investment adviser
8representative license under s. 551.32.
SB246,26,109 (b) Any period established under par. (a) shall be consistent with any applicable
10period specified by statute.
SB246,26,16 11(3) Failure to meet deadline. (a) Subject to sub. (5), the department shall
12refund fees paid by the applicant for a license or registration specified in sub. (2) if
13the department fails to provide the applicant with written notice that the
14department has approved or disapproved the application, including the specific facts
15upon which any disapproval is based, before the expiration of the period established
16under sub. (2) for the license or other approval.
SB246,26,2317 (b) Subject to sub. (5), if the department fails to provide the applicant for a
18license or registration specified in sub. (2) with written notice that the department
19has approved or disapproved the application before the expiration of the period
20established under sub. (2) for the license or registration, the applicant may choose
21to proceed under ch. 227 as though the department had disapproved the application
22by providing the department with written notice of that choice no later than 45 days
23after the expiration of the period established under sub. (2).
SB246,27,3
1(c) The department may not disapprove an application for a license or
2registration specified in sub. (2) solely because the department is unable to complete
3its review of the application within the period established under sub. (2).
SB246,27,6 4(4) Notice of deadline. Upon receiving an application for a license or
5registration specified in sub. (2), the department shall inform the applicant of the
6period established under sub. (2) for the license or registration.
SB246,27,9 7(5) Permitted extension of deadline. The department may extend the period
8established under sub. (2) because an application is incomplete if all of the following
9apply:
SB246,27,1210 (a) Within 14 days after receiving the application, the department provides
11written notice to the applicant describing specifically the information that must be
12provided to complete the application.
SB246,27,1413 (b) The information under par. (a) is directly related to eligibility for the
14approval or to terms or conditions of the license or registration.
SB246,27,1715 (c) The information under par. (a) is necessary to determine whether to approve
16the application or is necessary to determine the terms or conditions of the license or
17registration.
SB246,27,2018 (d) The extension is not longer than the number of days from the day on which
19the department provides the notice under par. (a) to the day on which the department
20receives the information.
SB246, s. 22 21Section 22. 224.60 of the statutes is created to read:
SB246,27,23 22224.60 Automatic approval of certain applications. (1) Definitions. In
23this section:
SB246,28,324 (a) "Application" means any form or other writing that is submitted to the
25department for the purpose of obtaining any approval of the department that is

1required by law as a prerequisite to the applicant taking certain actions, except that
2"application" does not include any application for a license or registration described
3in s. 224.50 (2) (a) 1. to 9.
SB246,28,54 (b) "Department" means the department of financial institutions and any
5subunit of the department of financial institutions.
SB246,28,9 6(2) Deadlines. The department, by rule, shall establish periods within which
7the department intends to approve or disapprove an application. Any period
8established under this subsection shall be consistent with any applicable period
9specified by statute.
SB246,28,23 10(3) Failure to meet deadline. (a) Subject to subs. (5) (a) and (6), failure by the
11department to provide an applicant with written notice that the department has
12approved or disapproved the application, including specific facts upon which any
13disapproval is based, before the expiration of the period established under sub. (2)
14applicable to the application constitutes approval of the application by the
15department. An application approved under this paragraph is subject to any terms
16or conditions specified by law for the approval and the department may suspend,
17limit, revoke, or withdraw the approval for substantial failure to comply with those
18terms or conditions. The department may not make an application approved under
19this paragraph subject to any term or condition that is not specified by statute or rule.
20Within 30 days after an application is approved under this paragraph, the
21department shall provide the applicant with a statement showing that the
22application is approved and specifying any terms and conditions that apply to the
23approval.
SB246,29,3
1(b) The department may not disapprove an application solely because the
2department is unable to complete its review of the application within the period
3established under sub. (2).
SB246,29,6 4(4) Notice of deadline. Upon receiving an application, the department shall
5inform the applicant of the period established under sub. (2) applicable to the
6application.
SB246,29,8 7(5) Optional provisions of rules. The department may include any of the
8following in the rules required under sub. (2):
SB246,29,129 (a) Extensions of the period established under sub. (2) because the applicant
10makes a material modification to the application if the department notifies the
11applicant in writing of the extension within 30 days after the applicant makes the
12modification.
SB246,29,1413 (b) Deadlines for the department to complete intermediate steps in the process
14of completing its review of an application.
SB246,29,18 15(6) Extensions authorized. (a) During the period established under sub. (2),
16the department and the applicant may jointly agree to a different period for acting
17on an application than that specified under sub. (2). The department may not require
18an applicant to agree to a different period as a condition of approving an application.
SB246,29,2019 (b) The department may extend the period established under sub. (2) because
20an application is incomplete if all of the following apply:
SB246,29,2321 1. Within 14 days after receiving the application, the department provides
22written notice to the applicant describing specifically the information that must be
23provided to complete the application.
SB246,29,2524 2. The information under subd. 1. is directly related to eligibility for approval
25of the application or to terms or conditions of the approval.
SB246,30,2
13. The information under subd. 1. is necessary to determine whether to approve
2the application or is necessary to determine the terms or conditions of the approval.
SB246,30,53 4. The extension is not longer than the number of days from the day on which
4the department provides the notice under subd. 1. to the day on which the
5department receives the information.
SB246,30,136 (c) The department may extend the period established under sub. (2) for an
7application by not more than 30 days if, within the period established under sub. (2),
8the department finds that there is a substantial likelihood that the activity proposed
9to be conducted under the application would result in substantial harm to human
10health or human safety and that the department cannot adequately review the
11application within the period established under sub. (2) and, upon making those
12findings, provides written notice to the applicant that states with particularity the
13facts on which those findings are based.
SB246, s. 23 14Section 23. 281.36 (2) (b) of the statutes is amended to read:
SB246,31,315 281.36 (2) (b) 1. The department shall approve or deny a complete application
16for a water quality certification under this section within 120 21 days after the date
17the department determines that a complete application for the certification has been
18submitted unless the applicant and the department agree to extend the time period.
19The department may not determine an application to be complete until the
20requirements under s. 1.11 have been met and until all of the items of information
21for the water quality certification and for any associated permits or other approvals
22have been submitted to the department. If the department fails to approve or deny
23the complete application within the applicable time period, the applicant may bring
24an action for mandamus to compel the department to approve or deny the
25application. If the court grants the mandamus, the department shall approve or

1deny the application within 30 days after the mandamus is granted and the court
2shall award the applicant reasonable attorney fees and court costs incurred in
3bringing the action.
SB246,31,174 2. For purposes of subd. 1., the department shall initially determine whether
5a complete application has been submitted and, no later than 30 14 days after the
6application is submitted, notify the applicant in writing about the initial
7determination of completeness. If the department determines that the application
8is incomplete, the notice shall state the reason for the determination and the specific
9items of information necessary to make the application complete. An applicant may
10supplement and resubmit an application that the department has determined to be
11incomplete. There is no limit on the number of times that an applicant may resubmit
12an application that the department has determined to be incomplete under this
13subdivision. The department may not demand items of information that are not
14specified in the notice as a condition for determining whether the application is
15complete unless both the department and the applicant agree or unless the applicant
16makes material additions or alterations to the project for which the the application
17has been submitted.
SB246, s. 24 18Section 24. 299.05 of the statutes is repealed and recreated to read:
SB246,31,21 19299.05 Deadlines for action on certain applications. (1) Deadlines. The
20department, by rule, shall establish periods within which the department intends to
21approve or disapprove an application for any of the following:
SB246,31,2222 (a) A well driller or pump installer registration under s. 280.15.
SB246,31,2423 (b) A water system, wastewater treatment plant, or septage servicing vehicle
24operator certification under s. 281.17 (3).
SB246,31,2525 (c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).
SB246,32,1
1(d) A solid waste incinerator operator certification under s. 285.51 (2).
SB246,32,22 (e) An ozone-depleting refrigerant removal approval under s. 285.59.
SB246,32,33 (em) An air pollution control permit under s. 285.60.
SB246,32,44 (f) A solid waste disposal facility operator certification under s. 289.42 (1).
SB246,32,55 (g) A hazardous waste transportation service license under s. 291.23.
SB246,32,66 (h) A metallic mining exploration license under s. 293.21.
SB246,32,77 (i) An oil or gas exploration license under s. 295.33 (1).
SB246,32,88 (j) A laboratory certification or registration under s. 299.11.
SB246,32,99 (k) A medical waste transportation license under s. 299.51 (3) (c).
SB246,32,15 10(2) Failure to meet deadline. (a) Subject to sub. (4), the department shall
11refund fees paid by the applicant for a license or other approval specified in sub. (1)
12if the department fails to provide the applicant with written notice that the
13department has approved or disapproved the application for the license or other
14approval, including the specific facts upon which any disapproval is based, before the
15expiration of the period established under sub. (1) for the license or other approval.
SB246,32,2216 (b) Subject to sub. (4), if the department fails to provide the applicant for a
17license or other approval specified in sub. (1) with written notice that the department
18has approved or disapproved the application before the expiration of the period
19established under sub. (1) for the license or other approval, the applicant may choose
20to proceed under ch. 227 as though the department had disapproved the application
21by providing the department with written notice of that choice no later than 45 days
22after the expiration of the period established under sub. (1).
SB246,32,2523 (c) The department may not disapprove an application for a license or other
24approval solely because the department is unable to complete its review of the
25application within the period established under sub. (1).
SB246,33,3
1(3) Notice of deadline. Upon receiving an application for a license or other
2approval specified in sub. (1), the department shall inform the applicant of the period
3established under sub. (1) for the license or other approval.
SB246,33,6 4(4) Permitted extension of deadline. The department may extend the period
5established under sub. (1) because an application is incomplete if all of the following
6apply:
SB246,33,97 (a) Within 14 days after receiving the application, the department provides
8written notice to the applicant describing specifically the information that must be
9provided to complete the application.
SB246,33,1110 (b) The information under par. (a) is directly related to eligibility for the license
11or other approval or to terms or conditions of the license or other approval.
SB246,33,1412 (c) The information under par. (a) is necessary to determine whether to approve
13the application or is necessary to determine the terms or conditions of the license or
14other approval.
SB246,33,1715 (d) The extension is not longer than the number of days from the day on which
16the department provides the notice under par. (a) to the day on which the department
17receives the information.
SB246, s. 25 18Section 25. 299.06 of the statutes is created to read:
SB246,33,21 19299.06 Automatic approval of certain applications. (1) Deadlines. The
20department, by rule, shall establish periods within which the department intends to
21approve or disapprove an application for any of the following:
SB246,33,2222 (a) A high-capacity well approval under s. 281.17 (1).
SB246,33,2323 (b) A water pollution discharge permit under s. 283.31 or 283.33.
Loading...
Loading...