Trans 105.11(3)
(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.
Trans 105.11(4)
(4) Points shall be assessed according to the following scale:
Trans 105.11(4)(a)3.
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.
Trans 105.11(4)(a)5.
5. Performing work duties after consuming any alcohol or controlled substance or other drug that impairs ability to drive a motor vehicle.
Trans 105.11(4)(a)7.
7. Substantiated complaint from a parent, legal guardian or customer of inappropriate conduct or actions with the customer.
Trans 105.11(4)(b)1.
1. Not complying with renewal criteria within 30 days of written request by DMV.
Trans 105.11(4)(c)5.
5. Providing a student with a signed MV3001 document prior to receipt of a signed contract or agreement.
Trans 105.11 History
History: 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.
Trans 105.12(1)(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:
Trans 105.12(1)(b)
(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.
Trans 105.12(2)
(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:
Trans 105.12(2)(a)
(a) Level one enforcement action – one point assessed. An advisory letter may be sent to the driver school or instructor, asking for corrective action.
Trans 105.12(2)(b)
(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.
Trans 105.12(2)(c)
(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.
Trans 105.12(2)(d)
(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.
Trans 105.12(3)
(3) All points assessed, administrative licensing suspensions, revocations, denials, or conditional licenses issued may be appealed under ch.
227, Stats.
Trans 105.12 History
History: CR 06-089: cr.
Register December 2006 No. 612, eff. 1-1-07.
