Section 299.05. Deadlines for action on certain applications.

 

(1)   Definition. In this section, “approval" means a license, registration, or certification specified in sub. (2) .

(2)   Deadlines.

(a) The department shall establish periods within which the department intends to approve or disapprove an application for any of the following:

1. A well driller or pump installer registration under s. 280.15 (1) .

2. A water system or septage servicing vehicle operator certification under s. 281.17 (3) .

3. A license for servicing septic tanks and similar facilities under s. 281.48 (3) .

4. A solid waste incinerator operator certification under s. 285.51 (2) .

5. A laboratory certification or registration under s. 299.11 .

(am) Notwithstanding s. 227.10 (1) , the periods established by the department under par. (a) need not be promulgated as rules under ch. 227 .

(b) The department shall approve or disapprove an application for any of the following within 30 days from the date on which the department receives the application:

1. A solid waste disposal facility operator certification under s. 289.42 (1) .

2. A hazardous waste transportation license under s. 291.23 .

3. A medical waste transportation license under s. 299.51 (3) (c) .

(c) The department shall approve or disapprove an application for an oil or gas exploration license under s. 295.33 (1) within 60 days from the date on which the department receives the application.

(2m)   Failure to meet deadline.

(a) Subject to sub. (4) , the department shall refund fees paid by the applicant for an approval 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. (2) for the approval.

(b) Subject to sub. (4) , if the department fails to provide the applicant for an approval with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2) .

(c) 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. (2) .

(3)   Notice of deadline. Upon receiving an application for an approval, the department shall inform the applicant of the period established under sub. (2) for the license or other approval.

(4)   Permitted extension of deadline. The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

(a) Within 14 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.

(b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

(c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

(d) The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

1997 a. 27 , 301 ; 2003 a. 118 , 310 ; 2011 a. 167 .