Chapter Trans 143

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

Trans 143.09(4)(b) (b) Copies of any records relating to the dispute, at reasonable cost.

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 Trans 143.10 Certification process.

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

Trans 143.10(2)(b) (b) The written operating procedures of the mechanism;

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

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 Trans 143.11 Revocation of certification.

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

Trans 143.11(2)(b) (b) The effective date of the revocation of certification;

Trans 143.11(2)(c) (c) The decision of the department may be appealed under ch. 227, Stats.

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

Trans 143.11(3)(c) (c) The consumer may initiate a legal action under s. 218.0171 (7), Stats.

Trans 143.11(4) (4) The manufacturer shall modify all warranty information which indicates that the manufacturer subscribes to a certified mechanism.

Trans 143.11(5) (5) The manufacturer may apply for mechanism recertification under s. Trans 143.10.

Trans 143.11 History 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.