AB56-ASA1,441,13
52. All forfeitures, recoupments, and enforcement assessments shall be paid to
6the department within 15 days after receipt of notice of assessment or, if the
7forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
8within 10 days after receipt of the final decision after exhaustion of administrative
9review, unless the final decision is adverse to the department or unless the final
10decision is appealed and the decision is stayed by court order under sub. (7). The
11department shall remit all forfeitures paid to the secretary of administration for
12deposit in the school fund. The department shall deposit all enforcement
13assessments in the appropriation under s. 20.435 (1) (gr).
AB56-ASA1,1931
14Section 1931
. 253.06 (5) (e) 3. of the statutes is created to read:
AB56-ASA1,441,1715
253.06
(5) (e) 3. The summary suspension of authorization of a vendor, infant
16formula supplier, or direct distribution center shall be effective immediately upon
17receipt of the notice under par. (d).
AB56-ASA1,1932
18Section 1932
. 253.06 (6) (b) of the statutes is amended to read:
AB56-ASA1,442,919
253.06
(6) (b) A person may contest an assessment of forfeiture, recoupment
20or enforcement assessment, a denial
, suspension or termination of authorization
, a
21civil monetary penalty assessed in lieu of disqualification, a summary suspension, 22or a
suspension or termination of eligibility by sending a written request for hearing
23under s. 227.44 to the division of hearings and appeals in the department of
24administration within 10 days after the receipt of the notice issued under sub. (3)
25(bm) or (5) (d). The administrator of the division of hearings and appeals may
1designate a hearing examiner to preside over the case and recommend a decision to
2the administrator under s. 227.46. The decision of the administrator of the division
3of hearings and appeals shall be the final administrative decision. The division of
4hearings and appeals shall commence the hearing and issue a final decision within
560 days after receipt of the request for hearing unless all of the parties consent to a
6later date. Proceedings before the division of hearings and appeals are governed by
7ch. 227. In any petition for judicial review of a decision by the division of hearings
8and appeals, the department, if not the petitioner who was in the proceeding before
9the division of hearings and appeals, shall be the named respondent.
AB56-ASA1,1933
10Section 1933
. 253.06 (8) of the statutes is amended to read:
AB56-ASA1,442,1411
253.06
(8) Inspection of premises. The department may visit and inspect each
12authorized vendor
and infant formula supplier and each
food direct distribution
13center, and for such purpose shall be given unrestricted access to the premises
14described in the authorization or contract.
AB56-ASA1,1934
15Section 1934
. 253.06 (9) and (10) of the statutes are created to read:
AB56-ASA1,442,2016
253.06
(9) Confidentiality of applicant and participant information. (a) Any
17information about an applicant or participant, whether it is obtained from the
18applicant or participant or another source or is generated as a result of application
19for the Women, Infants, and Children program, that identifies the applicant or
20participant or a family member of the applicant or participant is confidential.
AB56-ASA1,443,521
(b) Except as explicitly permitted under this section, the department shall
22restrict the use and disclosure of confidential applicant and participant information
23to any person directly connected with the administration or enforcement of the
24Women, Infants, and Children program that the department determines has a need
25to know the information for Women, Infants, and Children program purposes.
1Persons who may be allowed to access confidential information under this paragraph
2include personnel from the local agencies, persons under contract with the
3department to perform research regarding the Women, Infants, and Children
4program, and persons that are investigating or prosecuting Women, Infants, and
5Children program violations of federal, state, or local law.
AB56-ASA1,443,96
(c) The department or any local agency may use or disclose to public
7organizations confidential applicant and participant information for the
8administration of other programs that serve individuals eligible for the Women,
9Infants, and Children program in accordance with
7 CFR 246.26 (h).
AB56-ASA1,443,1310
(d) Staff of the department and local agencies who are required by state law to
11report known or suspected child abuse or neglect may disclose confidential applicant
12and participant information without the consent of the participant or applicant to
13the extent necessary to comply with the law.
AB56-ASA1,444,214
(e) Except in the case of subpoenas or search warrants, the department and
15local agencies may disclose confidential applicant and participant information to
16individuals or entities not listed in this section only if the affected applicant or
17participant signs a release form authorizing the disclosure and specifying the parties
18to which the information may be disclosed. The department or local agency shall
19allow applicants and participants to refuse to sign the release form and shall notify
20the applicant or participant that signing the form is not a condition of eligibility and
21refusing to sign the form will not affect the applicant's or participant's application
22or participation in the Women, Infants, and Children program. Release forms
23authorizing disclosure to private physicians or other health care providers may be
24included as part of the Women, Infants, and Children program application or
25certification process. All other requests for applicants or participants to sign
1voluntary release forms may occur only after the application and certification
2process is complete.
AB56-ASA1,444,133
(f) The department or local agency shall provide to an applicant or participant
4access to all information he or she has provided to the Women, Infants, and Children
5program. In the case of an applicant or participant who is an infant or child, the
6access may be provided to a parent or guardian of the infant or child, assuming that
7any issues regarding custody or guardianship have been settled. The department or
8local agency is not required to provide the applicant or participant or parent or
9guardian of an infant or child applicant or participant access to any other
10information in the file or record, including documentation of income provided by a
113rd party and staff assessments of an applicant or participant's condition or
12behavior, unless required by law or unless the information supports a state or local
13agency decision being appealed under
7 CFR 246.9.
AB56-ASA1,444,19
14(10) Confidentiality of vendor information. (a) Any information about a
15vendor, whether it is obtained from the vendor or another source, that individually
16identifies the vendor except for the vendor's name, address, telephone number,
17Internet or electronic mail address, store type, and Women, Infants, and Children
18program authorization status is confidential. The department shall restrict the use
19or disclosure of confidential vendor information to any of the following:
AB56-ASA1,444,2520
1. Persons directly connected with the administration or enforcement of the
21Women, Infants, and Children program or the food stamp program under s. 49.79
22that the department determines has a need to know the information for purposes of
23these programs. These persons may include personnel from local agencies and
24persons investigating or prosecuting violations of Women, Infants, and Children
25program or food stamp program federal, state, or local laws.
AB56-ASA1,445,6
12. Persons directly connected with the administration or enforcement of any
2federal or state law or local ordinance. Before releasing information to a state or local
3entity, the department shall enter into a written agreement with the requesting
4party specifying that the information may not be used or redisclosed except for
5purposes directly connected with the administration or enforcement of the federal or
6state law or local ordinance.
AB56-ASA1,445,97
3. A vendor that is subject to an adverse action under sub. (5), including a claim,
8to the extent that the confidential information concerns the vendor that is subject to
9the adverse action and is related to the adverse action.
AB56-ASA1,445,1710
(b) The department may disclose to all authorized vendors and applicants to
11be a vendor sanctions that have been imposed on vendors if the disclosure identifies
12only the vendor's name, address, length of the disqualification or amount of the
13monetary penalty, and a summary of the reason for the sanction provided in the
14notice of adverse action under sub. (5). The information under this paragraph may
15be disclosed only after all administrative and judicial review is exhausted and the
16department has prevailed regarding the sanction imposed on the vendor or after the
17time period for requesting administrative and judicial review has expired.
AB56-ASA1,1941
18Section 1941
. 254.151 (intro.) of the statutes is amended to read:
AB56-ASA1,445,20
19254.151 Lead poisoning or lead exposure prevention grants. (intro.)
20From the appropriation account under s. 20.435 (1) (ef), the department shall
award:
AB56-ASA1,445,22
21(1m) Award the following grants under criteria that the department shall
22establish in rules promulgated under this
section
subsection:
AB56-ASA1,1942
23Section 1942
. 254.151 (1) of the statutes is renumbered 254.151 (1m) (a).
AB56-ASA1,1943
24Section 1943
. 254.151 (2) of the statutes is renumbered 254.151 (1m) (b).
AB56-ASA1,1944
25Section 1944
. 254.151 (2m) of the statutes is created to read:
AB56-ASA1,446,2
1254.151
(2m) Award grants for residential lead hazard abatement and
2residential lead hazard reduction.
AB56-ASA1,1945
3Section 1945
. 254.151 (3) of the statutes is renumbered 254.151 (1m) (c).
AB56-ASA1,1946
4Section 1946
. 254.151 (4) of the statutes is renumbered 254.151 (1m) (d).
AB56-ASA1,1947
5Section 1947
. 254.151 (5) of the statutes is renumbered 254.151 (1m) (e) and
6amended to read: