Section 105.12. Progressive enforcement actions.

 

(1)  Before recording points, the department shall notify the school or the instructor of the reason for the proposed action. The school or instructor may respond within 10 days. Upon due consideration the department shall act. The department may:

(a) Record points assessed to driver schools under s. Trans 105.11 .

(b) Record points assessed to instructors, including points assessed by a driver school the instructor has worked for or owned previously. Points assessed to instructor may also be assessed to a school.

(c) Issue a conditional license when appropriate.

(d) Record less than the assessed points.

(2)  Based on the points assessed to driver schools and instructors under s. Trans 105.11 in the past 24 months, the following enforcement actions shall apply:

(a) Level one enforcement action – one point assessed. An advisory letter may be sent to the driver school or instructor, asking for corrective action.

(b) Level two enforcement action – one to 3 points assessed. The department may conduct an on-site inspection or audit. An advisory letter shall be sent. If a situation is unresolved after time specified in the advisory letter, the department may issue a conditional license under s. 343.61 or 343.62 , Stats., restricted to classroom instruction only. Vehicles used by the driver school may also be ordered out of service, if the violation is related to the vehicle inspection. The restricted license may remain in effect until situation is resolved.

(c) Level three enforcement action – 4 to 6 points assessed. A warning letter may be sent. The licenses issued under s. 343.61 or 343.62 , Stats., may be revoked, suspended, or denied for 90 days.

(d) Level four enforcement action – 6 or more points assessed. The licenses issued under s. 343.61 or 343.62 , Stats., shall be revoked, suspended, or denied for 4 months to one year, based on point accumulation.

(3)  All points assessed, administrative licensing suspensions, revocations, denials, or conditional licenses issued may be appealed under ch. 227 , Stats.

CR 06-089 : cr. Register December 2006 No. 612 , eff. 1-1-07.