Section 486.08. Compliance plan review, approval and disapproval process.

 

(1)   compliance plan review. The department shall review each compliance plan required to be submitted under this chapter. The department shall notify the employer within 90 days of the submittal of the department's decision to approve the plan as submitted, to conditionally approve the plan if the employer modifies the plan according to recommendations made by the department within 60 days, to disapprove the plan and require the submittal of another plan, or to extend the department's review of the compliance plan document beyond 90 days. If the department extends its compliance plan review period beyond 90 days, the employer's compliance plan shall be considered conditionally approved until the department notifies the employer of its final approval or disapproval decision.

(2)   Compliance plan approval. The department's criteria for granting approval or conditional approval of the employer's compliance plan shall include the following:

(a) The compliance plan is submitted on forms prescribed by the department.

(b) The information on the forms is complete and legible.

(c) The information and data on the forms are accurate.

(d) The compliance plan includes sufficient and appropriate alternative means of commuting incentive or disincentive strategies or both to ensure the affected employer's target average passenger occupancy rate will be achieved no later than November 15, 1996. If the employer's initial compliance plan submittal is due after November 15, 1994, the target average passenger occupancy rate shall be achieved within 2 years of the initial submittal due date.

(e) The plan contains any other information required to implement the requirements of this chapter.

(3)   Compliance plan disapproval. If an employer's submitted compliance plan fails to meet the criteria of sub. (2) the department may disapprove it and require the submittal of another plan within 60 days of the department's disapproval notification. If the department's review of the second plan does not result in approval or conditional approval, the employer shall submit a third plan within 30 days. If the third plan cannot be approved by the department, the employer shall implement alternative means of commuting strategies contained in the plan which are approved by the department in its response to the third plan submittal. The department shall provide the reasons for all disapprovals in writing to the employer.

(4)   Compliance plan modifications. Employers shall notify the department of any significant modifications to the department approved compliance plan within 60 days after the modifications. The department shall determine whether the modifications affect the approval status of the employer's compliance plan and shall provide a written response approving or disapproving the modifications. Within 90 days after receipt of the notification from the employer, the department shall notify the employer of the department's decision to approve the modification as submitted, to conditionally approve the modification subject to implementation of recommendations made by the department, or to disapprove the modification. If the department extends its review of the modification beyond 90 days, the employer's modification shall be considered conditionally approved until the department notifies the employer of its final approval or disapproval of the modification. The department shall provide the reasons for disapproving a modification in writing.

History: Cr. Register, September, 1993, No. 453 , eff. 10-1-93; am. (4), Register, December, 1994, No. 468 , eff. 1-1-95.