Wisconsin Legislature: Trans 143.08(1)(b)

(g) The decision issued including information as to date, time, means and place of meeting, and the identity of decision makers;

(h) A copy of the disclosure to the parties of the decision;

(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

(j) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.

(2) The certified mechanism shall submit an annual report to the department. The report shall include, but not be limited to, the following:

(a) Statistics which show the number and percent of disputes in each of the following categories:

1. No jurisdiction;

2. Motor vehicles, by vehicle make and vehicle identification number, determined to be nonconforming;

3. Disputes resolved by awarding the consumer a replacement motor vehicle.

4. Disputes resolved by awarding a financial refund to the consumer or the holder of a perfected security interest;

5. Number of resolutions where the consumer was awarded nothing;

6. Number of awards accepted by consumers;

7. Number of awards rejected by consumers;

8. Number of awards the manufacturer failed to abide by;

9. Decisions delayed beyond 60 calendar days under s. Trans 143.06 (7) (a), (b) and (c);

10. Decisions delayed beyond 60 calendar days for any other reason; and

11. Pending decisions.

(b) The amount of financial compensation awarded the consumer under s. 218.0171 (2) (b), Stats.

(d) The name, address and telephone number of the certified mechanism;

(e) The written operating procedures of the certified mechanism;

(f) The general qualifications of persons the certified mechanism utilizes as decision makers;

(g) The vehicle makes and models for which the certified mechanism is authorized to hear disputes;

(h) A statement certifying that the certified mechanism will continue to apply and abide by the requirements of s. 218.0171, Stats.

(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.

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 Audits.

(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:

(a) An evaluation of the manufacturer’s efforts to make consumers aware of the certified mechanism’s existence as required in s. Trans 143.03 (4);

(b) A review of the records maintained pursuant to s. Trans 143.07 (1) and (2);

(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.

(2) In each audit provided for in sub. (1) the department may require additional documentation of compliance with this chapter.

(3) The department, at its discretion, may audit a certified mechanism for compliance with this chapter.

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 Openness of records and proceedings.

(1) The statistical summaries specified in s. Trans 143.07 (2) shall be available to any person for inspection and copying.

(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.

(3) Meetings of the decision makers to hear and decide disputes shall be open to observers on reasonable and nondiscriminatory terms.

(4) Upon request the certified mechanism shall provide to either party to a dispute:

(a) Access to all records relating to the dispute; and

(b) Copies of any records relating to the dispute, at reasonable cost.

(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.

History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Trans 143.10 Certification process.

(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.

(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:

(a) Name, address and telephone number of the mechanism;

(b) The written operating procedures of the mechanism;

(d) The vehicle makes and models for which the mechanism is authorized to hear disputes;

(e) A statement certifying that the mechanism will apply and abide by the requirements of s. 218.0171, Stats.

(3) The department shall review the manufacturer’s application to determine whether the proposed mechanism complies with this chapter and shall:

(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:

1. The proposed mechanism is recognized as a certified mechanism under this chapter.

2. The motor vehicle makes and models on which the certified mechanism is authorized to hear disputes.

3. The certification remains valid unless revoked by further action of the department.

(b) Inform the manufacturer, in writing, if the mechanism fails to meet the standards of this chapter and the reasons for failure;

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 Revocation of certification.

(1) The department may revoke the certification of a manufacturer’s mechanism for cause.

(2) The department shall notify the manufacturer, in writing, of the following:

(a) The reason for revoking certification under this chapter;

(b) The effective date of the revocation of certification;

(3) The mechanism shall notify all consumers with disputes pending that:

(a) After the effective date of the revocation of certification, the mechanism is no longer certified to hear disputes under s. 218.0171, Stats.

(b) The consumer is no longer required to resort to the manufacturer’s informal dispute settlement procedure; and

(4) The manufacturer shall modify all warranty information which indicates that the manufacturer subscribes to a certified mechanism.

(5) The manufacturer may apply for mechanism recertification under s. Trans 143.10.

History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.