Chapter Trans 140

Trans 140.02 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85; renum. (1) to (7) to be (4), (6), (7), (10), (11), (12) and (14) and am. (6) and (12), cr. (1) to (3), (5), (8), (9) and (13), Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.022 Trans 140.022 Security; forms and types.

Trans 140.022(1) (1) Forms of security. The only acceptable forms of security to fulfill the security requirements of ss. 218.0101 to 218.0163, Stats., are as follows:

Trans 140.022(1)(a) (a) Surety bonds. The bond shall be filed on a form prescribed by the department and issued by a bonding company licensed by this state and acceptable to the department. The bond shall be payable in the name of the department for the benefit of any person who sustains a loss because of an act of the licensee constituting grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163, Stats.

Trans 140.022 Note Note: Under ss. 632.14 to 632.18, Stats., surety insurance is regulated by the Commissioner of Insurance.

Trans 140.022(1)(b) (b) Letters of credit. The letter of credit shall be filed on a form prescribed by the department and issued by a financial institution acceptable to the department. The issuer shall waive the right to revoke the credit before its expiration date, which shall be no earlier than 3 years after the last day of the period covered by the letter. The letter of credit shall be payable in the name of the department and upon a written statement by the department that one or more persons have sustained a loss because of acts by the licensee constituting grounds for the suspension or revocation of a license under s. 218.0116, Stats.

Trans 140.022 Note Note: These forms may be obtained by contacting the Dealer Section’s Business Licensing Unit at [phone].

Trans 140.022(2) (2) Minimum security. A motor vehicle dealer or applicant for a motor vehicle dealer license shall provide and maintain in force a bond or letter of credit of not less than $50,000, or if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000.

Trans 140.022(3) (3) Supplemental security. In addition to the security required under sub. (2), the department may require a motor vehicle dealer, or applicant for a motor vehicle dealer license, to provide and maintain in force a supplemental bond in an amount not less than $5,000 nor more than $100,000. The department may also require such securities of wholesalers and motor vehicle salespersons and applicants for such licenses. The department shall require such bonds according to the criteria described in s. Trans 140.027.

Trans 140.022 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; 2013 Wis. Act 363: am. (2) Register May 2014 No. 701, eff. 6-1-14.

Trans 140.027 Trans 140.027 Criteria for supplemental security.

Trans 140.027(1) (1) Amount. The department may require supplemental bonds of motor vehicle dealers or wholesalers according to their annual vehicle sales and their total points in the current licensing period. The department shall provide a licensee or applicant written notice of the requirement for supplemental security. The department may require supplemental securities of applicants for such licenses according to the department’s estimates of their annual retail vehicle sales and their total points for the licensing period for which the application is made. The department may determine or estimate points and annual vehicle sales according to subs. (2) and (3). Bonds shall be in the amounts described in the following table:

Trans 140.027(2) (2) Determining points.

Trans 140.027(2)(a) (a) General. The department may assess points against a licensed dealer or wholesaler, or an applicant for a license, who has violated any provisions in ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., that constitute grounds for the suspension or revocation of their license. The department may also assess points against a licensed dealer, wholesaler, or an applicant for a license when the department has reasonable cause to doubt the licensee or applicant’s financial responsibility or solvency. 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, including the issuance of a complaint to revoke or suspend a license, a written stipulation to a conditional license, a civil forfeiture complaint or citation, notice of denial of a license, and a special order issued by the division of hearings and appeals. All points assessed by the department shall remain in effect for the duration of the current licensing period, and any new point assessments shall be added to the existing point total for that licensee throughout the current licensing period. 

Trans 140.027(2)(b) (b) Effect of point assessments from previous licensing period. The department may assess additional points or carry over points to a new licensing period under the following conditions:

Trans 140.027(2)(b)1. 1. The department may assess additional points for current violations when point assessments in previous licensing periods demonstrate a pattern of violations or repeat offenses.

Trans 140.027(2)(b)2. 2. The department may carry over point assessments from one licensing period to the next period for which a dealer or wholesaler makes application if a significant share of the licensee’s or applicant’s ownership or employees includes persons who were assessed points, or who were directly involved in violations causing points to be assessed, when they were last licensed by the department.

Trans 140.027(2)(c) (c) Appeals to eliminate point accumulations. A licensee may, after 12 months of posting additional security, submit to the department evidence of eliminating the compliance or financial problems cited by the department when it assessed points, and ask that the department reduce or eliminate the licensee’s current points. The licensee may submit only one request regarding the same point assessments during the licensing period.

- See PDF for table

Trans 140.027(2)(d) (d) Point assessments. The department may assess points according to the following table:

- See PDF for table

Trans 140.027(3) (3) Determining annual vehicle sales. For the purpose of using the table in sub. (1), the number of vehicles sold per year may be defined as any of the following:

Trans 140.027(3)(a) (a) Total number of motor vehicles sold at retail during the previous 12 months from the date requested by the department, the most recent calendar year, the most recent fiscal year when the dealer had been licensed, or the most recent year represented on the licensee’s application, at the discretion of the department.

Trans 140.027(3)(b) (b) Projected number of motor vehicles to be sold at retail during the next 12 months, based on the business’ most recent quarterly sales.

Trans 140.027(3)(c) (c) Projected number of motor vehicles to be sold at retail during the next 12 months, based on the best information available to the department.

Trans 140.027(4) (4) Appeals.

Trans 140.027(4)(a) (a) A person adversely affected by any of the following actions may request an informal hearing from the department before the action becomes effective:

Trans 140.027(4)(a)1. 1. The issuance of written notice assessing points under this section.

Trans 140.027(4)(a)2. 2. The issuance of written notice requiring supplemental security under this section.

Trans 140.027(4)(b) (b) A request for informal hearing on an action under par. (a) shall be made in writing and shall be filed with the department within 10 days after the licensee or applicant receives notice of the department’s action.

Trans 140.027(4)(c) (c) If the department receives a written request for an informal hearing, the department shall conduct a prompt informal hearing before a department employee or official who was not personally involved in the investigation or decision to take the action, and who has the authority to withdraw, modify or correct the action as necessary. The informal hearing shall be conducted within 10 business days after a request for informal hearing is received by the department, unless the person requesting the informal hearing agrees to a later date. An informal hearing may be conducted by telephone or at the department’s offices.

Trans 140.027(4)(d) (d) Within 5 business days after the conclusion of an informal hearing, the department shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of this memorandum shall be provided to the person requesting the informal hearing.

Trans 140.027(4)(e) (e) The department’s decision is final, and no further appeals may be submitted or considered.

Trans 140.027 Note Note: If the department initiates an action to deny, suspend, or revoke a license because of failure to obtain supplemental security, the affected licensee or applicant is entitled to a full evidentiary hearing before the division of hearings and appeals, pursuant to subch. I of ch. 227, Stats.

Trans 140.027 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (2) (a), (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 140.028 Trans 140.028 When financial information is required.

Trans 140.028(1) (1) The department may require a motor vehicle dealer or any other business licensed under ch. 218, Stats., or any applicant for such licenses, to submit information relating to its financial standing, solvency, or responsibility under any one of the following circumstances:

Trans 140.028(1)(a) (a) The department has reasonable cause to doubt the financial responsibility of the applicant or licensee.

Trans 140.028(1)(b) (b) The department has reasonable cause to doubt the applicant or licensee’s compliance with ch. 218, Stats., or its related rules, where the violation constitutes grounds for suspension or revocation of a license. “Reasonable cause” includes a situation in which the licensee, applicant or employees of the licensee or applicant have been found by the department to have violated ch. 218, Stats., or rules interpreting ch. 218, Stats., anytime during the current or the immediately previous licensing period.

Trans 140.028(1)(c) (c) The applicant or licensee is a motor vehicle salvage dealer that has not supplied a bond per s. 218.21 (4) (a), Stats., under the conditions specified in s. 218.0114 (20) (b), Stats.

Trans 140.028(1)(d) (d) The applicant or licensee is a recreational vehicle dealer.

Trans 140.028(1)(e) (e) The applicant or licensee is a wholesaler.

Trans 140.028(1)(f) (f) The applicant or licensee is a moped dealer.

Trans 140.028(2) (2) Failure to provide the financial information required under sub. (1) shall be grounds for denial or revocation of the license.

Trans 140.028 Note Note: Provisions for protection of trade secrets are found in ss. 19.36 (5), 134.90 (1) (c) and 218.0114 (20) (c), Stats.

Trans 140.028 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 140.03 Trans 140.03 Balance sheet information.

Trans 140.03(1) (1) If required by the department, licensees or applicants shall submit a balance sheet dated not more than 90 days prior to the date of submission, that is prepared in accordance with generally accepted accounting principles. A small business as defined in s. 227.114, Stats., which does no interim financial reporting may submit a balance sheet from the close of the business’ most recent fiscal year. The balance sheet shall contain the following:

Trans 140.03(1)(a) (a) Assets.

Trans 140.03(1)(b) (b) Liabilities.

Trans 140.03(1)(c) (c) Net worth.

Trans 140.03(1)(d) (d) The signature of one of the corporate officers, partners, or owners.

Trans 140.03(1)(e) (e) The name of any financial institution used by the applicant.

Trans 140.03(1)(f) (f) A schedule of securities owned, if any.

Trans 140.03(1)(g) (g) A schedule of real property held, its fair market value, book value and the amount and terms of any indebtedness.

Trans 140.03(2) (2) Pro-forma statements shall not be accepted.

Trans 140.03(3) (3) If the department determines that there has been a misstatement on a financial statement, the misstatement shall be grounds for denial or revocation of the license.

Trans 140.03 Note Note: Form MVD-2195 Financial Statement.

Trans 140.03 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85; am. (1) (intro.), (e) and (g), Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.04 Trans 140.04 Asset reporting.

Trans 140.04(1) (1) Valuation. The financial statement shall present assets in terms of historical cost or book value of assets. In lieu of a statement presented with historical cost of fixed assets or book value of assets, the department shall consider a statement presenting fair market value information of fixed assets if clearly labeled and accompanied by an appraisal report of a certified appraiser or tax appraisal.

Trans 140.04(2) (2) Cash. Whenever a substantial portion of the assets of an entity is in the form of cash, confirmation of the amount is required from the financial institution holding the cash.

Trans 140.04(3) (3) Receivables. When a substantial portion of the assets of an entity are in the form of receivables from another individual, partnership or corporation, all or part of the receivables shall be discounted in considering the net worth of the applicant. In order to evaluate the quality of a receivable, a financial statement from the individual, partnership or corporation may be required. In no case will the department discount factory receivables.

Trans 140.04(4) (4) Inventory. The financial statement shall include the number of units in inventory and the number of units floor planned or used for loan collateral. A GAAP presentation of inventory values would not allow for the use of a reserve account for balance sheet information compiled for external purposes. As an exception to a GAAP presentation, the department will allow the use of a reserve account to accurately assess the value of inventory.

Trans 140.04(5) (5) Certain assets not to be considered. The department shall not consider the following assets in evaluating the financial statement of an applicant:

Trans 140.04(5)(a) (a) As specified in s. 815.20, Stats., equity in homestead property up to $25,000;

Trans 140.04(5)(b) (b) As specified in s. 815.18, Stats., items of personal property which are exempt from execution;

Trans 140.04(5)(c) (c) Any intangible asset values;

Trans 140.04(5)(d) (d) Leasehold improvements; and

Trans 140.04(5)(e) (e) All other assets subject to prior liens, security agreements, or other pledges.

Trans 140.04 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Trans 140.05 Trans 140.05 Liability reporting.

Trans 140.05(1) (1) Reporting. All liabilities and contingent liabilities shall be reported. The terms, amount and conditions of any major liabilities shall be separately scheduled. This schedule should show the names of individuals or institutions who hold the debt, the amount of debt, and the terms of repayment. A list of customers and the amounts on deposit with the dealer should be attached to the financial statement.

Trans 140.05(2) (2) Ratio analysis. A ratio analysis comparing current liabilities with current assets shall be used to evaluate a dealer’s financial potential. Current liabilities which exceed current assets may be grounds for the denial, suspension or revocation of a dealer’s license.

Trans 140.05 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85; am. (2), Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.06 Trans 140.06 Net worth reporting.

Trans 140.06(1) (1) Treasury stock. Treasury stock held by a corporation shall be reported separately on the balance sheet and clearly labeled as treasury stock.

Trans 140.06(2) (2) Previous profit. Profit from the previous period of operations shall be reported separately in the net worth section of the balance sheet.

Trans 140.06(3) (3) Negative net worth. A financial statement with a negative net worth is evidence of lack of financial ability to conduct business and the license shall be denied or revoked.

Trans 140.06 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Trans 140.07 Trans 140.07 Types of entities.

Trans 140.07(1) (1) Sole proprietorships. A sole proprietorship may report the entire value of assets jointly owned by the sole proprietor and by one or more persons on its financial statement. The financial statement shall be signed by the sole proprietor.

Trans 140.07 Note Note: An example of a joint asset would be a home owned by the sole proprietor and the sole proprietor’s spouse.

Trans 140.07(2) (2) Partnerships. Partnerships shall submit a statement for the partnership as a whole and individual statements for each of the general partners. If the partnership agreement provides for anything other than an equal sharing by the partners, it shall be prominently noted on the statements. The provisions of sub. (1) relating to the listing of jointly owned assets also apply to this subsection.

Trans 140.07(3) (3) Corporations. A financial statement is required for the corporation which will hold the license. A financial statement of a controlling corporation, parent corporation or an interlocking corporation may be submitted, but shall not be substituted for the financial statement of the applicant.

Trans 140.07 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85; 2013 Wis. Act 363: renum. (3) (a) to (3), r. (3) (b) Register May 2014 No. 701, eff. 6-1-14.

Trans 140.08 Trans 140.08 Copies required. Salvage dealers, motor vehicle wholesalers, and moped dealers shall file one copy of their financial statement with the department. All other dealers shall file their financial statements in duplicate. The department shall forward the duplicate copy to the co-licensor, the office of the commissioner of banking.

Trans 140.08 History History: Cr. Register, March, 1985, No. 351, eff. 4-1-85.

Trans 140.09 Trans 140.09 General requirements.