Section 129.12. Cancellation or denial of department approval.

 

(1)  Authorization of schools or instructors to certify students for motorcycle skill test waiver shall be cancelled and may not be renewed for any of the following reasons:

(a) False or misleading advertising.

(b) Fraud.

(c) Failure to meet standards set in this chapter.

(d) Failure to follow department-approved curriculum.

(e) Unsafe training facility.

(f) Unsafe motorcycles.

(g) Guaranteeing the issuance of a license upon completion of the course.

(h) The institution at which the program is offered closes or goes out of business.

(i) Failure to permit or cooperate with audits, inspections or reviews conducted under s. Trans 129.11 or 129.15 (5) .

(j) The motorcycle instructor does not hold a license required by s. 343.62 , Stats.

(2)  A school or instructor may be reauthorized after cancellation or nonrenewal when all the following conditions have been met:

(a) Any period of cancellation as set by the department has been completed and any revoked or suspended instruction school or instructor license is reinstated.

(b) The school or instructor submits an application for reauthorization.

(c) The department is satisfied that the conditions which led to the cancellation have been corrected or no longer exist.

(3)  A person adversely affected by a cancellation or refusal to renew an authorization made under sub. (1) (a) to (i) may request a hearing before the department to review the cancellation. A request for hearing shall be made in writing and shall be filed with the department within 30 days of the date of the notice of cancellation or notice that the person's authorization may not be renewed. If the department receives a request for hearing which satisfies the requirements of this subsection, the department shall conduct a prompt informal hearing within 15 days after receiving the request. If the matter is not resolved after an informal hearing is completed, the person adversely affected by the cancellation may request a full evidentiary hearing before the department, pursuant to ch. 227 , Stats. A request for hearing shall be in writing and shall be filed with the department within 30 days after the completion of the informal hearing. A request for an informal or a full evidentiary hearing does not stay the effect of a cancellation or nonrenewal, unless the cancellation or nonrenewal is expressly stayed in writing by the department.

History: Cr. Register, January, 1998, No. 505 , eff. 2-1-98; CR 07-084 : am. (1) (j) Register February 2008 No. 626 , eff. 3-1-08.

Note

Persons affected by sub. (1) (j) are afforded due process by a pre-license revocation hearing under s. 343.69 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1