Section 105.11. Driver school point system.

 

(1)  The department may assess points against a driver school or instructor that has violated any provision in ss. 343.60 to 343.72 , Stats., or rules interpreting ss. 343.60 to 343.72 , Stats., that constitute grounds for the suspension or revocation of their license. The department shall provide a licensee or applicant written notice of a point assessment. Written notice of a point assessment shall specify the reasons for the point assessment. All points assessed by the department shall remain in effect for the duration for the next 24 months, and any new point assessments shall be added to the existing point total for that licensee throughout the next 24 months.

(2)  The department shall use the points assessed to determine the amount of bond required for the next licensing period.

(3)  The department may take licensing action under the system of progressive enforcement described in s. Trans 105.12 , based on the number of points assessed. If applicable, the written notice specified in sub. (1) may include the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint, or notice of denial of a license.

(4)  Points shall be assessed according to the following scale:

(a) Six points are assessed for any of the following:

1. Having one's school or instructor license withdrawn.

2. Having 6 or more substantiated customer complaints within a license period.

3. Providing documentation or information to the department on any matter regulated by subch. VI of ch. 343 , Stats., or this chapter which contains a false statement as to any material matter.

4. Permitting actions that could harm the customer physically or financially.

5. Performing work duties after consuming any alcohol or controlled substance or other drug that impairs ability to drive a motor vehicle.

6. Failing to comply with DMV warning letter.

7. Substantiated complaint from a parent, legal guardian or customer of inappropriate conduct or actions with the customer.

8. Violating ss. 343.60 to 343.72 , Stats., that significantly harm highway safety.

9. Instructing at a driver training school without the proper license.

(b) Four points are assessed for any of the following:

1. Not complying with renewal criteria within 30 days of written request by DMV.

2. Having 5 substantiated customer complaints in a license period.

3. Continuing to use a vehicle that is out of service for driver training.

4. Having not filed school insurance and/or bond with the department.

5. Failing to resolve audit violations or discrepancies in time specified.

6. Filing complaints about another school that are not substantiated.

7. Soliciting complaints or providing training prior to licensure.

8. Insolvency or bankruptcy.

9. Failing to timely pay debts owed the state.

10. Violating ss. 343.60 to 343.72 , Stats., that result in unfair advantage to a school or harms another school.

(c) Two points are assessed for any of the following:

1. Having 4 substantiated customer complaints within a license period.

2. Not filing required vehicle inspections with the department.

3. Not notifying the department when students are no longer enrolled.

4. Having a significant discrepancy in business records.

5. Providing a student with a signed MV3001 document prior to receipt of a signed contract or agreement.

6. Violating ss. 343.60 to 343.72 , Stats., that do not harm the customer or impact highway safety.

(d) One point is assessed for either of the following:

1. Three substantiated customer complaints within a license period.

2. Violation of s. 343.61 (4) (b) , Stats., relating to office location and facility locations.

CR 06-089 : cr. Register December 2006 No. 612 , eff. 1-1-07; correction in (4) (d) 2. made under s. 13.92 (4) (b) 7. , Stats., Register March 2012 No. 675 .