Trans 143.06(8)
(8) The certified mechanism may allow an oral presentation by a consumer or a consumer's representative only if:
Trans 143.06(8)(a)
(a) Both manufacturer and consumer expressly agree to the presentation;
Trans 143.06(8)(b)
(b) A date, time, means and location convenient to both parties can be arranged; and,
Trans 143.06(8)(c)
(c) Prior to agreement the certified mechanism fully discloses to both parties the following information:
Trans 143.06(8)(c)1.
1. That the presentation by either party will take place only if both parties so agree, but if they agree, and one party fails to be available at the agreed upon time and place, the presentation by the other party may still be allowed;
Trans 143.06(8)(c)2.
2. That the decision makers will decide the dispute whether or not an oral presentation is made;
Trans 143.06(8)(c)4.
4. A brief description of what will occur at the presentation including both parties' rights to bring witnesses and/or counsel.
Trans 143.06(8)(d)
(d) Each party has the right to be present during the other party's oral presentation.
Trans 143.06(9)
(9) If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to after notification to the certified mechanism of the dispute or as a result of a decision under
sub. (4), the certified mechanism shall ascertain from the consumer within 10 working days of the date for performance whether performance has occurred.
Trans 143.06(10)
(10) A requirement that a consumer resort to a certified mechanism prior to commencement of an action under s.
218.0171 (7), Stats., shall be satisfied 40 calendar days after notification to the certified mechanism of the dispute or when the certified mechanism completes its duties under
sub. (4), whichever occurs sooner. Except that, if the certified mechanism delays performance of its duties under
sub. (4), as allowed by
sub. (7), the requirement that the consumer initially resort to the certified mechanism shall not be satisfied until the period of delay allowed by
sub. (7) has ended.
Trans 143.06(11)
(11) Decisions of the certified mechanism shall be legally binding on the manufacturer.
Trans 143.06 History
History: Cr.
Register, July, 1988, No. 391, eff. 8-1-88;
corrections in (4) (c), (d) 5., (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 143.07(1)
(1) The certified mechanism shall maintain records on each dispute referred to it. The records shall include:
Trans 143.07(1)(b)
(b) Name, address, telephone number and contact person of the manufacturer;
Trans 143.07(1)(c)
(c) Make and vehicle identification number of the motor vehicle involved;
Trans 143.07(1)(d)
(d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;
Trans 143.07(1)(f)
(f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;
Trans 143.07(1)(g)
(g) The decision issued including information as to date, time, means and place of meeting, and the identity of decision makers;
Trans 143.07(1)(i)
(i) Copies of follow up letters (or summaries of relevant and material portions of follow-up telephone calls) to both parties, and responses thereto; and
Trans 143.07(1)(j)
(j) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.
Trans 143.07(2)
(2) The certified mechanism shall submit an annual report to the department. The report shall include, but not be limited to, the following:
Trans 143.07(2)(a)
(a) Statistics which show the number and percent of disputes in each of the following categories:
Trans 143.07(2)(a)2.
2. Motor vehicles, by vehicle make and vehicle identification number, determined to be nonconforming;
Trans 143.07(2)(a)4.
4. Disputes resolved by awarding a financial refund to the consumer or the holder of a perfected security interest;
Trans 143.07(2)(f)
(f) The general qualifications of persons the certified mechanism utilizes as decision makers;
Trans 143.07(2)(g)
(g) The vehicle makes and models for which the certified mechanism is authorized to hear disputes;
Trans 143.07(2)(h)
(h) A statement certifying that the certified mechanism will continue to apply and abide by the requirements of s.
218.0171, Stats.
Trans 143.07(3)
(3) The certified mechanism shall retain all records specified in
subs. (1) and
(2) for at least 4 years after final disposition of the dispute.
Trans 143.07 History
History: Cr.
Register, July, 1988, No. 391, eff. 8-1-88;
corrections in (2) (b), (c), (h) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 143.08(1)
(1) Pursuant to s.
218.0171 (4) (d), Stats., the certified mechanism shall submit an annual independent audit at the certified mechanism's expense to the department which shall include at a minimum the following:
Trans 143.08(1)(c)
(c) An analysis of a random sample of disputes handled by the certified mechanism during the period of time subject to the audit to determine the certified mechanism's compliance with the provisions of this chapter.
Trans 143.08(2)
(2) In each audit provided for in
sub. (1) the department may require additional documentation of compliance with this chapter.
Trans 143.08(3)
(3) The department, at its discretion, may audit a certified mechanism for compliance with this chapter.
Trans 143.08 History
History: Cr.
Register, July, 1988, No. 391, eff. 8-1-88;
correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 143.09
Trans 143.09 Openness of records and proceedings. Trans 143.09(2)
(2) The policy of the certified mechanism with respect to records availability shall be set out in the procedures under
s. Trans 143.06 (1); the policy shall be applied uniformly to all such requests for access to or copies of such records.
Trans 143.09(3)
(3) Meetings of the decision makers to hear and decide disputes shall be open to observers on reasonable and nondiscriminatory terms.
Trans 143.09(4)
(4) Upon request the certified mechanism shall provide to either party to a dispute:
Trans 143.09(5)
(5) All records pertaining to a certified mechanism under the care and control of the department shall be subject to the provisions of the Wisconsin Open Records Law, ss.
19.31 to
19.39, Stats.
Trans 143.09 History
History: Cr.
Register, July, 1988, No. 391, eff. 8-1-88.
Trans 143.10(1)
(1) The department of transportation shall have sole authority to review and certify mechanism procedures in the State of Wisconsin for compliance with s.
218.0171, Stats., and this chapter.
Trans 143.10(2)
(2) Any manufacturer seeking certification of a mechanism under this chapter shall submit an application to the department for review. The department, at its discretion, may require additional information from a manufacturer to certify compliance with this chapter. The application shall include the following:
Trans 143.10(2)(c)
(c) The general qualifications of persons the mechanism utilizes as decision makers;
Trans 143.10(2)(d)
(d) The vehicle makes and models for which the mechanism is authorized to hear disputes;
Trans 143.10(3)
(3) The department shall review the manufacturer's application to determine whether the proposed mechanism complies with this chapter and shall:
Trans 143.10(3)(a)
(a) Inform the manufacturer, in writing, if the proposed mechanism meets the certification standards of this chapter and issue a certificate to the manufacturer and the proposed mechanism indicating:
Trans 143.10(3)(a)1.
1. The proposed mechanism is recognized as a certified mechanism under this chapter.
Trans 143.10(3)(a)2.
2. The motor vehicle makes and models on which the certified mechanism is authorized to hear disputes.
Trans 143.10(3)(a)3.
3. The certification remains valid unless revoked by further action of the department.
Trans 143.10(3)(b)
(b) Inform the manufacturer, in writing, if the mechanism fails to meet the standards of this chapter and the reasons for failure;
Trans 143.10(3)(c)
(c) Inform the manufacturer that the department's decision may be appealed under
ch. 227, Stats.
Trans 143.10 History
History: Cr.
Register, July, 1988, No. 391, eff. 8-1-88;
corrections in (1), (2) (e) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675. Trans 143.11(1)
(1) The department may revoke the certification of a manufacturer's mechanism for cause.
Trans 143.11(2)
(2) The department shall notify the manufacturer, in writing, of the following:
Trans 143.11(3)
(3) The mechanism shall notify all consumers with disputes pending that:
Trans 143.11(3)(a)
(a) After the effective date of the revocation of certification, the mechanism is no longer certified to hear disputes under s.
218.0171, Stats.
Trans 143.11(3)(b)
(b) The consumer is no longer required to resort to the manufacturer's informal dispute settlement procedure; and
