Section 107.04. Information to be considered in licensing actions.

 

(1)  The following information shall be considered in taking administrative licensing action under s. 343.06 (1) (d) , 343.16 (5) or (6) , or 343.25 (7) , Stats.:

(a) Medical reports, assessment reports, driver safety plans, driver safety plan final reports, or a combination thereof, with information on:

1. Hospitalization for chemical abuse or dependency.

2. Outpatient or other treatment for chemical abuse or dependency.

3. Participation in self-help groups for chemical abuse or dependency.

4. Use of control agents, such as antabuse or methadone.

5. Physician treatment for chemical abuse or dependency.

(b) Driving records, including reports of:

1. Accidents involving chemical use.

2. Traffic convictions involving chemical use.

3. Arrests for chemically related violations, for example, pending charges for OWI. Once the charge has been disposed of by a court, for example, convicted, dismissed, amended or withdrawn, the arrest information will no longer be considered in taking licensing action under s. Trans 107.08 (1) (b) , (c) , (d) , (e) , (f) and (hm) .

4. Chemically related charges dismissed, vacated, appealed, reduced or amended to lesser charges when the department has information, such as a medical or assessment report, on file.

(c) Review board recommendations, if any.

(d) Information from other sources about a person's physical and mental health, as affected by chemical use, and other medical problems which might interfere with reasonable and ordinary control over a motor vehicle.

(2)  Some or all of the information described in sub. (1) shall be included in medical, assessment, driver safety plan, final report, or combination of, reports required under this chapter.

(3)  Persons may be required to furnish additional medical or assessment reports, or combination of, if the department determines that the information available is not adequate to make a licensing decision.

(4)  Persons may be referred for assessment as described in s. Trans 107.06 .

History: Cr. Register, November, 1982, No. 323 , eff. 12-1-82; am. (1) (b) (intro.) and (3), Register, March, 1984, No. 339 , eff. 4-1-84; am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 4., Register, September, 1986, No. 369 , eff. 10-1-86; am. (1) (intro.), (a) (intro.), 2. and (c) (3)., Register, June, 1993, No. 450 , eff. 7-1-93; r. (1) (b), renum. (1) (c) to (e) to be (1) (b) to (d), Register, September, 1996, No. 489 , eff. 10-1-96.