Wis. Admin. Code Department of Transportation Trans 143.07 - Recordkeeping

(1) The certified mechanism shall maintain records on each dispute referred to it. The records shall include:

(a) Name, address and telephone number of the consumer; if available,

(b) Name, address, telephone number and contact person of the manufacturer;

(c) Make and vehicle identification number of the motor vehicle involved;

(d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;

(e) All letters or other written documents submitted by either party;

(f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;

(g) The decision issued including information as to date, time, means and place of meeting, and the identity of decision makers;

(h) A copy of the disclosure to the parties of the decision;

(i) Copies of follow up letters (or summaries of relevant and material portions of follow-up telephone calls) to both parties, and responses thereto; and

(j) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.

(2) The certified mechanism shall submit an annual report to the department. The report shall include, but not be limited to, the following:

(a) Statistics which show the number and percent of disputes in each of the following categories:

1. No jurisdiction;

2. Motor vehicles, by vehicle make and vehicle identification number, determined to be nonconforming;

3. Disputes resolved by awarding the consumer a replacement motor vehicle.

4. Disputes resolved by awarding a financial refund to the consumer or the holder of a perfected security interest;

5. Number of resolutions where the consumer was awarded nothing;

6. Number of awards accepted by consumers;

7. Number of awards rejected by consumers;

8. Number of awards the manufacturer failed to abide by;

9. Decisions delayed beyond 60 calendar days under s. Trans 143.06(7) (a), (b) and (c);

10. Decisions delayed beyond 60 calendar days for any other reason; and

11. Pending decisions.

(b) The amount of financial compensation awarded the consumer under s. 218.0171(2) (b), Stats.

(c) Amount of reasonable use compensation awarded to the manufacturer under s. 218.0171(2) (b), Stats.;

(d) The name, address and telephone number of the certified mechanism;

(e) The written operating procedures of the certified mechanism;

(f) The general qualifications of persons the certified mechanism utilizes as decision makers;

(g) The vehicle makes and models for which the certified mechanism is authorized to hear disputes;

(h) A statement certifying that the certified mechanism will continue to apply and abide by the requirements of s. 218.0171, Stats.

(3) The certified mechanism shall retain all records specified in subs.

(1) and

(2) for at least 4 years after final disposition of the dispute.

Notes

Wis. Admin. Code Department of Transportation Trans 143.07

Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (2) (b), (c), (h) made under s. 13.92(4) (b) 7, Stats., Register March 2012 No. 675.