Wis. Admin. Code Department of Transportation Trans 117.025 - Process
(1) A person whose license is revoked as a
habitual traffic offender under ch. 351, Stats., shall petition a circuit court
in the person's county of residence for an order authorizing the person to
obtain an occupational license before applying for the license with the
department.
(2) A person may apply
to the department for an occupational license by submitting an application
meeting the requirements of s.
Trans 117.05 to any DMV service center, except an express
service facility.
(3) The
department shall accept the application for an occupational license and may
issue a temporary driving receipt to an applicant if it appears to the DMV
service center that the person is eligible for an occupational license. The
temporary driving receipt shall be valid only until the earliest of the
following:
(a) The date the department issues
a photo occupational license to the person.
(b) The date the department preliminarily
denies the person an occupational license.
(c) 15 days following issuance of the driving
receipt.
(4) Following
acceptance of the application, the department shall conduct a review of the
application to determine eligibility for occupational licensing. After
completion of the review, the department shall issue an occupational license to
the driver or issue a letter constituting a preliminary denial of occupational
license to the driver. A letter of denial shall state the specific reasons for
the denial. The applicant may be required to return to a DMV service center,
except an express service facility, so that a photo occupational license may be
issued.
Note: See s. 343.10(3) (b), Stats.
(5) A person may seek review of a preliminary
denial of an occupational license by filing a petition for occupational license
with a circuit court in the person's county of residence in the manner provided
in s.
343.10(4),
Stats.
(6) The court shall consider
the number and seriousness of prior traffic convictions in determining whether
to grant or deny the petition. The court may, in conducting its review, order
modification or changes to any prohibitions or restrictions ordered to be
imposed on the person under s.
Trans 117.03(4) or (5).
(7) If a petition is denied by the court, the
department may not issue an occupational license to the person, unless the
petition was denied solely because of the person's failure to meet one or more
of the criteria of s.
Trans 117.03(2), the person has taken
action to meet each of those criteria, and the person meets each of those
criteria.
Note: For example, a driver whose petition is denied by a court solely for failure to provide proof of financial responsibility for the future would be eligible for licensing upon filing proper proof of financial responsibility for the future, notwithstanding the court's order.
(8) If a petition is granted by
the court, the department shall receive the court's order and treat it and the
applicant's petition to the court as an application for occupational license.
The department shall issue an occupational license to the person, subject to
any restrictions ordered by the court or required under s.
Trans 117.03(3), unless issuance of an
occupational license to the person is prohibited under s.
Trans 117.03(2).
(9) A decision by the department to deny
issuance of an occupational license or to deny licensing for certain classes of
vehicles based on the criteria in s.
Trans 117.03(2) or (3) following circuit
court review under s.
343.10(4),
Stats., is subject to judicial review in the manner provided in s.
343.40,
Stats.
Notes
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