Section 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.

(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.

(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.

Emerg. cr., eff. 11-1-96; cr. Register, June, 1997, No. 498 , eff. 7-1-97; CR 05-034 : am. (8) Register September 2005 No. 597 , eff. 10-1-05.

Note

See s. 343.10 (3) (b) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1