Section 305.06. Exceptions to time limits.

 

(1)  Where a contested case hearing is required because of objections to the granting of a permit or approval by the department, or where such a hearing is scheduled on the department's own motion, the department's decision shall be mailed to the applicant within 45 business days after completion of the hearing or the report required by s. 227.116 (4) , Stats., shall be mailed to the permit information center within 5 business days after the last day of the time period.

(2)  When an applicant's proposed project requires more than one department approval for which a time limit has been established pursuant to s. 227.116 (1r) , Stats., decisions to which this chapter applies shall be made by the last day of the longest applicable time limit or the report required by s. 227.116 (4) , Stats., shall be mailed to the permit information center within 5 business days after the last day of the time period.

(3)  The time limits specified in s. NR 305.05 do not include the number of business days between:

(a) The date a decision is made by the department to prepare an EIS and the date a final determination is made that the department has complied with s. 1.11 , Stats.;

(b) The date a request is made to an applicant for additional information necessary for the department to issue a decision under the applicable statute and the date that information is received by the department;

(c) The day a class I legal notice is mailed by the department and the date the department receives satisfactory proof of publication of that notice from the applicant; or

(d) November 1 of any calendar year and April 1 of the succeeding calendar year for applications received after October 1 where a field investigation is required before the department has adequate information to grant or deny the requested permit or approval.

(4)  If the department's action on a requested permit or approval is delayed or prevented by an order or decision of a court of law, the time limit specified in s. NR 305.05 shall be adjusted to conform to the court's decision or order.

(5)  If the department's action on a requested permit or approval is delayed or prevented by the action or failure to act of an agency or private party other than the department or the applicant, the time limit specified in s. NR 305.05 shall be adjusted accordingly.

History: Cr. Register, July, 1985, No. 355 , eff. 8-1-85 ; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478 ; correction made under s. 13.93 (2m) (b) 1., Stats., Register, October, 1998, No. 514 ; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689 ; CR 13-022 : r. (3m) Register March 2014 No. 699 , eff. 4-1-14.