Trans 100.10(2)(2) Prior to the suspension date specified in the notice, the uninsured operator or motor vehicle owner may request one 20-day extension of time to deposit security. Trans 100.10(3)(3) If no hearing is requested and none of the safety responsibility compliance requirements set forth in the notice have been met by the suspension date, or the extended suspension date, the department shall issue an order suspending the uninsured person’s operating privilege and suspending registration of all the owner’s motor vehicles. Trans 100.10(3m)(3m) The department may grant a hearing on the propriety of a suspension order issued under sub. (3) to any person requesting a hearing within 14 days of the mailing date indicated on the suspension order. Trans 100.10(4)(4) A request for a hearing will not affect the uninsured person’s operating privilege or motor vehicle registration status. Operators and owners who request a hearing prior to the department issuing a suspension order will not have their operating privileges or motor vehicle registrations suspended for failure to deposit security until the conclusion of hearing procedures. Operators who request a hearing after the department issues an operating privilege suspension order shall remain subject to the order unless the suspension is overturned as a result of the hearing. Motor vehicle registrations that are suspended before a request for a hearing is received by the department shall remain suspended unless the suspension is overturned as a result of the hearing. Trans 100.10(5)(5) If a hearing is requested, the division of motor vehicles shall notify the interested parties of the date, time and place of the hearing. A person may request one postponement or rescheduling of a hearing for any reason if the request is made within 8 calendar days of the mailing date indicated on the notice of hearing. Subsequent requests for postponement or rescheduling may be granted only where an emergency makes attendance unduly burdensome on a party. Trans 100.10(6)(6) The department may dismiss an operator’s or owner’s request for a hearing if the operator or owner fails to appear for the hearing at the time and place designated in the notice. A hearing dismissed under this subsection may be reopened upon motion of the operator or owner and for good cause shown. Trans 100.10(7)(7) Hearings shall be informal. Hearsay and documentary evidence may be received by the hearing examiner and relied upon as the basis for a decision. Telephone testimony of persons involved in the accident may not be permitted. Trans 100.10(8)(8) Hearings shall be tape recorded for the purpose of preserving a record. Copies of recorded hearings may be purchased by a party for the cost to the department of copying the tape. Trans 100.10 NoteNote: The current cost for copying a tape is $7.00 per tape.
Trans 100.10(9)(9) The hearing examiner shall have all the duties and powers available to a hearing examiner under ch. 227, Stats. Trans 100.10(10)(10) All parties and their counsel shall be respectful of the hearing examiner and behave in a professional manner. A hearing examiner may exclude a person or attorney from a hearing for engaging in disrespectful, contemptuous, or disruptive conduct. An attorney who is repeatedly excluded from hearings for conduct may be barred from participating in administrative hearings before the department. Trans 100.10(11)(11) An examiner may hold the record open at the end of a hearing to receive additional evidence not available at the hearing. Trans 100.10(12)(12) The department shall enter a decision within 30 days of the date of the hearing, or as soon as practicable thereafter. Trans 100.10(14)(14) Appeals of decisions under this section shall be made in accordance with s. 344.03, Stats. Trans 100.10 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1) and (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (10) Register November 2010 No. 659, eff. 12-1-10. Trans 100.11(1)(1) An insurer may file a notice of subrogation with the department at any time. Trans 100.11(2)(2) Acceptable notice of subrogation is any of the following: Trans 100.11(2)(b)1.1. A copy of the insurer’s cancelled check endorsed by the insured or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility. Trans 100.11(2)(b)2.2. If a copy of the endorsement is not readily available, a written certification of the insurer that payment was accepted by the payee named on the check. Trans 100.11(2)(b)3.3. If a copy of the check is not readily available, an insurer may submit a copy of a corporate payment record together with a certification that the payment was accepted by the insured party or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility. Trans 100.11(3)(3) If a person deposits security with the department, the department shall provide notice of the filing to any person that has filed a notice of subrogation with the department at the address set forth in the subrogation notice or, if the subrogee is an insurer, at the address on file with the department for correspondence with the insurer. Trans 100.11(5)(5) Releases and installment agreements filed after the filing of a subrogation notice with the department will not have any effect unless each subrogated party and insured has joined in or filed a release or installment agreement. Trans 100.11(6)(6) Releases or installment agreements received before notice of subrogation is received and filed by the department will not be affected by the filing of the subrogation notice.