Wisconsin Administrative Code › Department of Transportation › Chapter Trans 105 - Licensing Of Driver Schools And Instructors › Section Trans 105.035 - Fitness for driver school license

Current through June 24, 2024
(1) For the purpose
			 of determining the fitness of a person to hold a driver school license under s.
			 343.62(4) (a)
			 8 and 9., Stats., the department shall
			 consider all relevant arrests and convictions, and make such further
			 examinations and checks as it determines are necessary.
(2) The department may not issue or renew a
			 driver school or instructor's license issued under s.
			 343.61
			 or
			 343.62,
			 Stats., to any person who, during their lifetime was convicted of any of the
			 following state laws or any local ordinance in conformity with any of the
			 following state laws or any federal law or law of a federally recognized
			 American Indian tribe or band in this state or law of another jurisdiction that
			 would be a violation of any of the following state laws if the person had
			 committed the offense in this state and been convicted of the offense under the
			 laws of this state:
Statute
Description
940.01
1st degree intentional
							 homicide
940.03
Felony murder
940.05
2nd degree intentional
							 homicide
940.225 (1) to (3m)
Sexual assault
940.305
Taking hostages
940.31
Kidnapping
941.32
Administering dangerous or stupefying drug
944.34
Keeping a place of prostitution
946.01
Treason
946.02
Sabotage
946.03
Sedition
948.02 (1) and (2)
Sexual assault of a child
948.025
Engaging in repeated acts of sexual assault of the
							 same child
948.03 (2)
Physical abuse of a child
948.04 (1)
Causing mental harm to a child
948.05
Sexual exploitation of a child
948.055
Causing a child to view or listen to sexual
							 activity
948.06
Incest with a child
948.07
Child enticement
948.075
Use of computer to facilitate a child sex
							 crime
948.08
Soliciting a child for prostitution
948.095
Sexual assault of a student age 16 or older by a
							 school instructional staff person
948.10
Exposing genitals or pubic area to child
948.11 (2) (a) or (am)
Exposing a child to harmful material or harmful
							 descriptions or narrations
948.12
Possession of child pornography
948.13 (2)
Child sex offender working with children
944.06
Incest
940.22 (2)
Sexual exploitation by a therapist
(3)
			 The department may not issue or renew a driver school or instructor's license
			 issued under s.
			 343.61
			 or
			 343.62,
			 Stats., to any person who within the past 10 years immediately preceding the
			 date of application was convicted of any of the following state laws or any
			 local ordinance in conformity with any of the following state laws or any
			 federal law or law of a federally recognized American Indian tribe or band in
			 this state or law of another jurisdiction that would be a violation of any of
			 the following state laws if the person had committed the offense in this state
			 and been convicted of the offense under the laws of this state:
Statute
Description
948.21
Abandonment of a child - neglecting a child
948.23
Concealing death of a child (at birth)
948.30
Abduction of another's child, constructive
							 custody
961.42 (1)
Keep or maintain any place for drug use, manufacture,
							 keeping or delivering
961.41 (1) (a) to (j)
Manufacture, distribution or delivery of drugs
961.41 (1m) (a) to (j)
Possession with intent to manufacture, distribute or
							 deliver drugs
961.41 (4) (am)
Distribution or delivery or attempt to deliver or
							 distribute an imitation controlled substance
961.455
Using a child for illegal drug distribution or
							 manufacturing
961.46
Distribution of controlled substances to persons
							 under age 18
944.17
Sexual gratification
944.30
Prostitution
944.31
Patronizing prostitutes
944.32
Soliciting prostitutes
944.33
Pandering
941.21
Disarming a peace officer
943.201
Unauthorized use of an individual's personal
							 identifying information or documents
940.02
1st degree reckless
							 homicide
940.06
2nd degree reckless
							 homicide
940.09
Homicide by intoxicated use of vehicle or
							 firearm
943.32
Robbery
948.09
Sexual intercourse with a child age 16 or
							 older
(4)
			 The department may not issue or renew a driver school or instructor's license
			 issued under s.
			 343.61
			 or
			 343.62,
			 Stats., to any person who within the past 5 years immediately preceding the
			 date of application was convicted of any of the following state laws or any
			 local ordinance in conformity with any of the following state laws or any
			 federal law or law of a federally recognized American Indian tribe or band in
			 this state or law of another jurisdiction that would be a violation of any of
			 the following state laws if the person had committed the offense in this state
			 and been convicted of the offense under the laws of this state:
Statute
Description
944.15
Public fornication
944.20
Lewd and lascivious behavior
944.21
Obscene material or performance
944.23
Making lewd, obscene or indecent drawings
944.25
Sending obscene or sexually explicit electronic
							 messages
940.25 (1)
Injury by intoxicated use of a vehicle
941.26
Possession of machine guns and other weapons
941.28
Possession of short-barreled shotgun or rifle
941.29
Possession of firearm by felon
941.295
Possession of electric weapon
941.296
Use or possession of a handgun and an armor-piercing
							 bullet during crime
941.298
Firearm silencer
941.30
Recklessly endangering safety
941.31
Possession of explosives
941.325
Placing foreign objects in edibles
941.327
Tampering with household products
943.02
Arson of buildings, damage of property by
							 explosives
943.03
Arson of property other than buildings
943.04
Arson with intent to defraud
943.06
Molotov cocktails
934.10
Burglary
943.28
Loan sharking
943.30
Threats to injure or accuse of crime
943.38 (1) or (2)
Forgery
946.415
Failure to comply with officer's attempt to take
							 person into custody
946.43
Assaults by prisoners
946.44
Assisting or permitting escape
946.47
Harboring or aiding felons
946.48
Kidnapped or missing persons; false
							 information
946.60
Destruction of documents subject to subpoena
946.65
Obstructing justice
947.015
Bomb scare
961.41 (1n)
Possession of piperdine
961.41 (3g) (f)
Possession - gamma-hydroxybutyric acid,
							 gamma-butyrolactone, ketamine or flunitrazepam
961.41 (1x)
Conspiracy
961.41 (2) (a) to (d)
Counterfeit substances
961.41 (3g)
Possession of controlled substance
961.43 (1), (2)
Acquiring or obtaining possession of controlled
							 substance by fraud or forgery - counterfeit substance or packaging
961.67
Possession or disposal of waste from manufacture of
							 methamphetamine
940.10
Homicide by negligent operation of a vehicle
940.19 (2), (4), (5), or (6)
Battery, substantial battery or aggravated
							 battery
940.195
Batter to a pregnant woman or unborn child
940.21
Mayhem
941.38
Criminal gang member solicitation and contact
940.23
Reckless injury
940.285
Abuse of vulnerable adults
940.295
Abuse and neglect of patients and residents
948.40
Contributing to the delinquency of a minor
948.55
Leaving or storing a loaded firearm within reach or
							 easy access of child
948.605
Possession of a firearm in school zone
(5)
			 The department may not issue or renew a driver school or instructor's license
			 issued under s.
			 343.61
			 or
			 343.62,
			 Stats., to any person who within the past 2 years immediately preceding the
			 date of application was convicted of any of the following state laws or any
			 local ordinance in conformity with any of the following state laws or any
			 federal law or law of a federally recognized American Indian tribe or band in
			 this state or law of another jurisdiction that would be a violation of any of
			 the following state laws if the person had committed the offense in this state
			 and been convicted of the offense under the laws of this state:
Statute
Description
Various
Any felony not listed in subs. (3) to (5)
940.12
Assisting suicide
941.01
Negligent operation of a motor vehicle
941.20
Endangering safety by use of a dangerous
							 weapon
941.37
Obstructing emergency or rescue personnel
943.07
Criminal damage to railroads
941.11
Unsafe burning of a building