Section 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.

(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.

(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.

Cr. Register, October, 1985, No. 358 , eff. 11-1-85; am. (1) and (2), Register, April, 1994, No. 460 , eff. 5-1-94; CR 01-156 : r. and recr. Register October 2005 No. 598 , eff. 11-1-05; CR 10-070 : am. (10) Register November 2010 No. 659 , eff. 12-1-10.

Note

See s. 344.02 (1) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The current cost for copying a tape is $7.00 per tape. Microsoft Windows NT 6.1.7601 Service Pack 1