Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.10 - Hearing and suspension procedure

Current through June 24, 2024
(1) If proof of
			 damages has been filed under s.
			 Trans
			 100.07, and the department has determined that a
			 reasonable possibility of a judgment being entered against an uninsured
			 operator or owner exists, the department shall mail a notice to the last known
			 address on file with the department for the uninsured operator and motor
			 vehicle owner. The notice shall require the uninsured operator or owner, or
			 both, to deposit security with the department. The amount of security shall be
			 that sum that is sufficient in the secretary's judgment to satisfy any judgment
			 for damages resulting from the accident that may be recovered against either
			 the operator or motor vehicle owner. The notice shall require security be
			 deposited by a certain date, and advise the uninsured operator that his or her
			 operating privilege will be suspended or advise the motor vehicle owner that
			 his or her motor vehicle registration will be suspended if security is not
			 deposited by the date required in the notice. The notice shall advise the
			 uninsured operator or motor vehicle owner of actions they may take to avoid
			 operating privilege or motor vehicle registration suspension. It shall also
			 notify them that they may request a hearing on the department's determination
			 before the suspension date established in the notice.
(2) Prior to the suspension date specified in
			 the notice, the uninsured operator or motor vehicle owner may request one
			 20-day extension of time to deposit security.
(3) If no hearing is requested and none of
			 the safety responsibility compliance requirements set forth in the notice have
			 been met by the suspension date, or the extended suspension date, the
			 department shall issue an order suspending the uninsured person's operating
			 privilege and suspending registration of all the owner's motor
			 vehicles.
(3m) The department may
			 grant a hearing on the propriety of a suspension order issued under sub. (3) to
			 any person requesting a hearing within 14 days of the mailing date indicated on
			 the suspension order.
(4) A request
			 for a hearing will not affect the uninsured person's operating privilege or
			 motor vehicle registration status. Operators and owners who request a hearing
			 prior to the department issuing a suspension order will not have their
			 operating privileges or motor vehicle registrations suspended for failure to
			 deposit security until the conclusion of hearing procedures. Operators who
			 request a hearing after the department issues an operating privilege suspension
			 order shall remain subject to the order unless the suspension is overturned as
			 a result of the hearing. Motor vehicle registrations that are suspended before
			 a request for a hearing is received by the department shall remain suspended
			 unless the suspension is overturned as a result of the hearing.
(5) If a hearing is requested, the division
			 of motor vehicles shall notify the interested parties of the date, time and
			 place of the hearing. A person may request one postponement or rescheduling of
			 a hearing for any reason if the request is made within 8 calendar days of the
			 mailing date indicated on the notice of hearing. Subsequent requests for
			 postponement or rescheduling may be granted only where an emergency makes
			 attendance unduly burdensome on a party.
(6) The department may dismiss an operator's
			 or owner's request for a hearing if the operator or owner fails to appear for
			 the hearing at the time and place designated in the notice. A hearing dismissed
			 under this subsection may be reopened upon motion of the operator or owner and
			 for good cause shown.
Note: See s.
				344.02(1),
				Stats.
(7) Hearings shall
			 be informal. Hearsay and documentary evidence may be received by the hearing
			 examiner and relied upon as the basis for a decision. Telephone testimony of
			 persons involved in the accident may not be permitted.
(8) Hearings shall be tape recorded for the
			 purpose of preserving a record. Copies of recorded hearings may be purchased by
			 a party for the cost to the department of copying the tape.
Note: The current cost for copying a tape is $7.00 per
				tape.
(9) The hearing
			 examiner shall have all the duties and powers available to a hearing examiner
			 under ch. 227, Stats.
(10) All
			 parties and their counsel shall be respectful of the hearing examiner and
			 behave in a professional manner. A hearing examiner may exclude a person or
			 attorney from a hearing for engaging in disrespectful, contemptuous, or
			 disruptive conduct. An attorney who is repeatedly excluded from hearings for
			 conduct may be barred from participating in administrative hearings before the
			 department.
(11) An examiner may
			 hold the record open at the end of a hearing to receive additional evidence not
			 available at the hearing.
(12) The
			 department shall enter a decision within 30 days of the date of the hearing, or
			 as soon as practicable thereafter.
(13) A person may request a rehearing as
			 provided for in s.
			 227.49,
			 Stats.
(14) Appeals of decisions
			 under this section shall be made in accordance with s.
			 344.03,
			 Stats.