Wis. Admin. Code Department of Transportation Trans 100.10 - Hearing and suspension procedure
(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.
Notes
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