Wis. Admin. Code Trans § Trans 134.04

Current through July 29, 2024
Section Trans 134.04 - Designation of authorized special groups
(1) The department shall approve an application by a group or organization for designation as an authorized special group if all of the following conditions are met:
(a) The applicant group or organization files a complete application and all required fees with the department.
(b) The department determines that the applicant group or organization meets all of the criteria specified in s. 341.14(6r) (fm), Stats.
(2) The department shall process applications according to the following schedule:
(a) The department shall notify the group after initial screening if the application is not acceptable and the notice shall specify why the application is not acceptable.
(d) If the department has not received additional information needed to determine eligibility within 90 days of asking for this information, the application shall be considered withdrawn and the department shall refund the deposit as provided in s. Trans 134.03 (2) (e).
(dm) Upon receiving a complete application and payment, the department shall follow the required steps set forth in s. 341.14(6r) (fm) 1m, Stats., to determine whether there are any objections to designation of the group and, if any objections are made, to obtain a decision on approval of designation from the standing committees of each house of the legislature dealing with transportation matters. If the department receives any objections within 30 days after the date of the department's notice under s. 341.14(6r) (fm) 1m a., Stats., the department shall refer the application to those standing committees.
1. If fewer than 61 days remain in a legislative session, the referral shall not be made sooner than the first day of the next legislative session.
2. If, within 14 days of a department referral of an application to the standing committees dealing with transportation matters, no chairperson of one or both of the standing committees notifies the department that one or both of the committees has scheduled a meeting for the purpose of reviewing the application, the department shall process the application as if approved by the legislature notwithstanding the objection.
3. If the chairperson of one or both of the standing committees dealing with transportation matters notifies the department that the committee has scheduled a meeting for the purpose of reviewing the application, the application is approved only if each standing committee to which the application was referred under s. 341.14(6r) (fm) 1m c., Stats., expressly approves the application.
4. If the express approval by each standing committee dealing with transportation matters is required, and the legislative session ends without express approval of the group plate application by each applicable standing committee, the application is not approved by the legislature and the department shall deny the application and refund any deposit in accordance with s. Trans 134.03 (2) (d).

Note: Unless modified by the legislature, the applicable standing committees are the Assembly and Senate Transportation Committees. Express approval of the standing committees is not required for approval of a special group plate following an objection. Specific approval is required only if one of the committees to which the objection is referred notifies the department within 14 days of the referral that it will hold a hearing. If either committee schedules a hearing, an application must be specifically approved by both standing committees or it is deemed denied under s. 341.14(6r) (fm) (1m) d, Stats. Because committees terminate at the end of the legislative session, this rule prohibits the department from referring an objection to the standing committees during the final days of a legislative session. To ensure that the committees have adequate time to schedule and hold committee meetings, the department is prohibited from referring a matter to the standing committees in the last 61 days of a legislative session. Assuming a session ends on December 31 every even-numbered year, no referrals will be made from November 1 of that year until the start of the next legislative session.

(e) The department shall begin data processing work as soon as it approves the group's application as an authorized special group. The department shall endeavor to complete data processing work within 12 months.
(f) After the department and the authorized special group agree on a plate design concept, the department shall endeavor to complete a production-ready plate design and purchase plate materials within 12 months.
(3) If the department denies an application by a group or organization, it shall return the application and deposit in the manner provided in s. Trans 134.03 (2) (d) and shall notify the group or organization of the reasons for the denial.

Wis. Admin. Code Department of Transportation § Trans 134.04

Cr. Register, December, 1999, No. 528, eff. 1-1-00.
Amended by, CR 22-049: renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), am. (2) (a), r. (2) (b), (c), cr. (2) (dm), am. (2) (e), (f), (3) Register May 2023 No. 809, eff. 6/1/2023

Section 341.14(6r) (fm) 4, Stats., provides that the decision of the department or legislature denying an application for designation as an authorized special group is final and is not subject to judicial review under ch. 227.