Chapter Trans 143

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)1. 1. No jurisdiction;

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

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

Trans 143.07(2)(a)6. 6. Number of awards accepted by consumers;

Trans 143.07(2)(a)7. 7. Number of awards rejected by consumers;

Trans 143.07(2)(a)8. 8. Number of awards the manufacturer failed to abide by;

Trans 143.07(2)(a)9. 9. Decisions delayed beyond 60 calendar days under s. Trans 143.06 (7) (a), (b) and (c);

Trans 143.07(2)(a)10. 10. Decisions delayed beyond 60 calendar days for any other reason; and

Trans 143.07(2)(a)11. 11. Pending decisions.

Trans 143.07(2)(b) (b) The amount of financial compensation awarded the consumer under s. 218.0171 (2) (b), Stats.

Trans 143.07(2)(c) (c) Amount of reasonable use compensation awarded to the manufacturer under s. 218.0171 (2) (b), Stats.;

Trans 143.07(2)(d) (d) The name, address and telephone number of the certified mechanism;

Trans 143.07(2)(e) (e) The written operating procedures of the certified mechanism;

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 Trans 143.08 Audits.

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)(a) (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);

Trans 143.08(1)(b) (b) A review of the records maintained pursuant to s. Trans 143.07 (1) and (2);

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

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(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.