Register August 1996 No. 488
Chapter Trans 118
EMPLOYER NOTIFICATION PROGRAM
Trans 118.01 Purpose and scope. Trans 118.02 Definitions. Trans 118.03 Employer notification application requirements. Trans 118.04 Employer account codes. Trans 118.05 Employer notification customer agreement form. Trans 118.06 Employe enrollment request form. Trans 118.07 Withdrawal of employes and employers. Trans 118.08 Procedure and fees. Trans 118.10 Failure to comply with terms of program. Trans 118.11 Actions resulting from unpaid fees. Trans 118.12 The employer notification document. Trans 118.13 Employe and employer responsibilities. Trans 118.14 Construction of this rule. Trans 118.01Trans 118.01 Purpose and scope. The purpose of this chapter is to establish an employer notification program to permit an employer to register the name of an employe and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the driving record of the Wisconsin licensed employe and any other driving record information that the department may reasonably include in this program. Trans 118.01 NoteNote: Authority for this chapter can be found at s. 343.247 (2), Stats. Forms used in this chapter are MV3555 Employer Notification Customer Agreement and MV3556 Employe Enrollment Request. These forms are available from the Wisconsin Department of Transportation, Bureau of Driver Services, P.O. Box 7917, Madison, WI 53707. Trans 118.01 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.02Trans 118.02 Definitions. The words and phrases defined in ss. 340.01, 343.01, and 343.25(1), Stats., have the same meaning in this chapter unless a different definition is specifically provided. Trans 118.02 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.03Trans 118.03 Employer notification application requirements. An application for the employer notification program shall be made to the department upon forms prescribed by the department, shall be accompanied by the required fees as set forth in s. Trans 118.08 and shall include such information as the department reasonably requires. Trans 118.03 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.04(1)(1) Issuance. The department shall issue an employer account code upon receipt of a properly completed employer notification customer agreement form. Trans 118.04(2)(2) Usage. The department may require that the employer use the employer account code for purposes of identification and invoicing procedures. Trans 118.04 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.05Trans 118.05 Employer notification customer agreement form. The employer shall submit an employer notification customer agreement form under any of the following situations: Trans 118.05(1)(1) When the employer is submitting an original application for enrollment in the employer notification program. Trans 118.05(2)(2) When the employer is requesting that an additional account code be issued to the same employer name or to another account under the same employer name. Trans 118.05(4)(4) When the employer requests a renewal of registration for the employer notification procedure. Trans 118.05 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.06(1)(1) Employe enrollment. An employer may enroll an employe in the employer notification program by submitting a written request to the department. Trans 118.06(2)(2) Content. The written request shall contain the following information: Trans 118.06 NoteNote: The department will make Employe Enrollment Request Forms (MV3556) available to the public for the purpose of enrolling employes in this program. For information on obtaining forms, see s. Trans 118.01 note. Trans 118.06 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.07Trans 118.07 Withdrawal of employes and employers. Trans 118.07(1)(1) Employe withdrawal. An employer may withdraw an employe from the employer notification program by submitting a written request to the department. The written request shall contain the information set forth in s. Trans 118.06 (2) (a) to (f). Trans 118.07(2)(2) Employer withdrawal. An employer may withdraw from the employer notification program by submitting a written request to the department. The request shall include the employer’s name, account code, and any other information the department reasonably requires. Trans 118.07 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.08(1)(1) Employer initial enrollment. The department shall register an employer in the employer notification program upon receipt of a properly completed employer notification customer agreement form together with the proper fee. The registration of an employer in the employer notification program shall be issued for the calendar year and is valid only during the calendar year for which issued. For each account code issued to an employer, the fee shall be $20 for an application submitted before July 1 of a year and $10 for an application submitted on or after July 1. Trans 118.08(2)(2) Renewal. At least 30 days prior to the expiration of an employer notification customer agreement form, the department shall mail to the last known address of the employer a notice of the date upon which the employer’s registration fee must be paid and the new employer notification customer agreement form returned. An employer who does not return the renewal form and fee by the date provided in the notice may be removed from the program. The renewal fee for the employer notification program is $20 per account code assigned to the employer. Trans 118.08(3)(3) Employe registration. An application to register an employe in the employer notification program shall be made to the department in writing and shall be accompanied by the required fee of $2.00 per employe enrolled. Trans 118.08(4)(4) Employe withdrawal. An application to withdraw an employe from the employer notification program shall be made to the department in writing. Trans 118.08 NoteNote: The fee for notification documents shall be $3.00 as established by s. 343.247 (2) (b), Stats. Trans 118.08(5)(5) Annual reviews. Annual reviews of the fees established under this section will commence on April 1, 1993, and if the fees need to be raised so as to make the employer notification program self supporting, the fees shall be changed effective 90 days after the annual review date. Trans 118.08(6)(6) Fees. The department shall establish the rate of payment for the employer notification program based on all of the following factors: Trans 118.08(6)(b)(b) The estimated annual volume of employer-generated registrations of employes. Trans 118.08(6)(c)(c) The estimated annual volume of employer-generated withdrawal orders of employes. Trans 118.08(6)(d)(d) The estimated costs of operation, including employe salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, forms and other necessary expenses. Trans 118.08(6)(e)(e) Such other matters which the department determines have a fiscal impact on the program. Trans 118.08 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.09(1)(1) Schedule. The department shall mail an invoice to any employer that owes employer notification fees assessed under this chapter at least once per calendar year. Trans 118.09(2)(2) Billing period. Invoices will bill an employer for each notification document produced between the date of the previous invoice and the date of the current invoice. Trans 118.09(3)(c)(c) The quantity of notification documents mailed to the employer for which fees are owed. Trans 118.09 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) and (2), Register, June, 1993, No. 450, eff. 7-1-93. Trans 118.10Trans 118.10 Failure to comply with terms of program. The department may not provide employer notification documents to an employer if the employer has failed to comply with any of the provisions of this chapter including, but not limited to, paying any invoice or fee when due. Trans 118.10 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.11Trans 118.11 Actions resulting from unpaid fees. Trans 118.11(1)(1) Cancellation of employer notification customer agreement. Failure to comply with any fee provision in this chapter may result in the cancellation of the employer’s customer agreement for the employer notification program. A cancellation shall continue until the department receives payment of all fees due under this chapter and the employer is reinstated into the program. Trans 118.11(2)(2) Reinstatement. An employer who has had an employer notification customer agreement with the employer notification program canceled by the department shall pay all outstanding obligations and pay a $30 reinstatement fee before an account will be reestablished. Trans 118.11 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 118.12Trans 118.12 The employer notification document. Trans 118.12(1)(1) Content. The employer notification document will contain all of the following information:
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