Chapter Trans 140

Trans 140.25 History History: Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.26 Trans 140.26 Procedure for determination of claims against the dealer bond or letter of credit.

Trans 140.26(1) (1) Petition for ruling.

Trans 140.26(1)(a) (a) Any claim made against the bond or letter of credit of a licensee, any request by a surety for a department determination of a claim, any notification of the department by a licensee of the licensee’s termination of business, any filing of a bankruptcy petition by a licensee, or any payment of any part of a bond or letter of credit by the surety or financial institution to the department may be regarded by the department as a petition for declaratory ruling under s. 227.41, Stats.

Trans 140.26(1)(b) (b) If the petition does not initially comply with the required format of s. 227.41 (2), Stats., the department may request that the additional materials needed to satisfy s. 227.41 (2), Stats., be furnished.

Trans 140.26(2) (2) Notice of petition.

Trans 140.26(2)(a) (a) The department shall provide notice to all interested parties by publishing notice, pursuant to s. 985.07 (1), Stats., in a newspaper of general circulation in the area of the licensed address of the licensee and by mailing notice to all interested parties known to the department.

Trans 140.26(2)(b) (b) The notice required in par. (a) shall include:

Trans 140.26(2)(b)1. 1. The name of the licensee.

Trans 140.26(2)(b)2. 2. The amount of the bond or letter of credit.

Trans 140.26(2)(b)3. 3. The period of time covered by the bond or letter of credit.

Trans 140.26(2)(b)4. 4. The deadline for the submission of claims against the bond or letter of credit.

Trans 140.26(2)(b)5. 5. The address from which to request claims forms and to which to submit claims.

Trans 140.26(2)(b)6. 6. The date and the place for a hearing on all timely but disputed claims.

Trans 140.26(3) (3) Deadline for claims. The deadline for the submission of claims shall be 60 days after the final insertion of the published notice required by sub. (2).

Trans 140.26(4) (4) Evaluation and investigation.

Trans 140.26(4)(a) (a) The department shall evaluate each claim received, request additional documentation or clarification from the claimant as necessary and make a preliminary determination of the allowance, amount and priority class of the claim.

Trans 140.26(4)(b) (b) In determining the allowance, amount and priority class of a claim, the department shall give full faith and credit to applicable findings of fact and judgments entered by a court in an action involving the claim in which the claimant and the licensee were opposing parties.

Trans 140.26(5) (5) Disputed claims.

Trans 140.26(5)(a) (a) Preliminary determination of claims. When a preliminary determination of all claims received prior to the deadline for filing claims is completed, the compilation of all those preliminary determinations shall be sent to each claimant, the surety, if any, and the licensee, who shall all be parties to any hearing under sub. (6). The compilation of preliminary determinations may include an estimate of the amount which would be paid on each claim, in accordance with s. Trans 140.23, if the preliminary determinations are not contested.

Trans 140.26(5)(b) (b) Deadline for objection. Each claimant, the surety, if any, or the licensee shall have 30 days from the date the preliminary determination is mailed to the claimant to object to the preliminary determination of the allowance, amount or priority class of any claim.

Trans 140.26(5)(c) (c) Notice of objection. The party objecting to a preliminary determination shall furnish timely notice, pursuant to par. (b), of the grounds for the party’s objection to the department, the surety, if any, and the licensee. If the preliminary determination objected to is of a claim by another claimant, timely notice of the grounds for the objection shall also be made by the objector to that claimant.

Trans 140.26(5)(d) (d) Adoption of preliminary determinations. If the preliminary determinations are not disputed the scheduled public hearing may be cancelled and the preliminary determinations shall be adopted by the department.

Trans 140.26(6) (6) Hearing on claims.

Trans 140.26(6)(a) (a) If there is a dispute of a preliminary determination, a hearing shall be held before a hearing examiner appointed by the department. The claimant, surety, licensee, and any party objecting to the preliminary determination of the claim may present evidence, including witnesses and argument.

Trans 140.26(6)(b) (b) The hearing shall be scheduled for a date within 120 days of the publication of the notice provided in sub. (2). The hearing may subsequently be rescheduled to another date, time or place at the discretion of the department and upon notice to all claimants, the licensee and the surety, if any.

Trans 140.26(7) (7) Hearing examiner determination final. The determination of the hearing examiner regarding the allowance, amount and priority class of each claim shall be the final decision of the department.

Trans 140.26(8) (8) Final decision and payment.

Trans 140.26(8)(a) (a) The final decision of the department shall be in writing and sent to each claimant, the surety or financial institution and the licensee. Payments from the bond, in accordance with the final decision shall not be made until at least 10 days after the final decision is sent to each party.

Trans 140.26(8)(b) (b) The amount paid on an allowed claim shall be determined as provided by s. Trans 140.23.

Trans 140.26 History History: Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (1), (2) (a), (b) 1. to 5., (4) (b), (5) (a) to (c), (6) and (8) (a), Register, February, 1996, No. 482, eff. 3-1-96; CR 22-048: am. (5) (b) Register July 2023 No. 811, eff. 8-1-23.

Trans 140.27 Trans 140.27 Late claims. If any funds remain in a separate bond or credit account established under s. Trans 140.25 (2), or available under the remaining liability of the surety or financial institution after payment of all timely and allowed claims, the department may accept late claims for determination. After determining all claims received prior to the third anniversary of the end of the period covered by the bond or letter of credit, and after appropriate payment to each claimant has been made, any remaining funds held by the department from the particular bond or letter of credit, excluding interest earned, shall be refunded to the surety or financial institution.

Trans 140.27 History History: Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; am. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 140.28 Trans 140.28 Alternative procedure for determination of claims. At the discretion of the department, as an alternative to the procedures described in s. Trans 140.26 or 140.27, the department may proceed as necessary to allow any Wisconsin circuit court, or any federal court, having appropriate jurisdiction over any claim by any claimant against the licensee, to hear the claims of all claimants known to the department, to determine the allowance, amount and priority class of each claim and to make awards against the bond or letter of credit in accordance with ss. Trans 140.21 to 140.23.

Trans 140.28 History History: Emerg. cr. eff. 10-16-85; cr. Register, July, 1986, No. 367, eff. 8-1-86; renum. (1) and am., r. (2), Register, February, 1996, No. 482, eff. 3-1-96.