PI 34.097 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.098PI 34.098Standards for revocation.
PI 34.098(1)(1)The state superintendent may revoke a license if any of the following apply:
PI 34.098(1)(a)(a) The state superintendent establishes by a preponderance of the evidence that the licensee engaged in immoral conduct or was incompetent.
PI 34.098(1)(b)(b) The licensee had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.
PI 34.098(2)(2)The state superintendent may revoke a driving education license if the state superintendent establishes by a preponderance of the evidence that any of the following occur:
PI 34.098(2)(a)(a) The licensee has more than 6 demerit points or a major violation charged by the department of transportation or the equivalent charged by an authority in another jurisdiction within a 12-month period.
PI 34.098(2)(b)(b) The licensee is convicted of operating a motor vehicle while intoxicated or a similar crime in this state or another jurisdiction.
PI 34.098(2)(c)(c) The licensee’s driving license is suspended or revoked by the department of transportation or by another jurisdiction.
PI 34.098(3)(3)The state superintendent shall revoke a license as provided under s. 115.31 (2g) and (6m).
PI 34.098(4)(4)The state superintendent shall suspend or restrict a license as provided under s. 115.315, Stats.
PI 34.098 HistoryHistory: CR 17-093: cr. Register May 2018 No. 751 eff. 6-1-18; correction in (3) made under s. 35.17, Stats., Register May 2018 No. 751.
PI 34.099PI 34.099Complaints.
PI 34.099(1)(1)Inquiries. The state superintendent shall, at his or her initiative or upon receipt of a written complaint, make inquiries necessary to determine whether to conduct an investigation under s. PI 34.100 which may lead to license revocation.
PI 34.099(2)(2)Notification. The state superintendent shall acknowledge, in writing, any written complaint and notify the complainant whether an investigation is being conducted under s. PI 34.100 which may lead to license revocation.
PI 34.099 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.100PI 34.100Investigations.
PI 34.100(1)(1)Conduct of investigations. If the state superintendent determines that an investigation should be conducted, the state superintendent shall do all of the following:
PI 34.100(1)(a)(a) Appoint a person to serve as the investigator.
PI 34.100(1)(b)(b) Notify the licensee that an investigation is proceeding, the specific allegations or complaint against the licensee, and that the licensee may respond to the investigator regarding the complaint or allegation.
PI 34.100(1)(c)(c) Except as provided under s. 115.31 (6) (b), Stats., maintain as confidential all files, communications, and other information pertaining to the investigation.
PI 34.100(2)(2)Settlements. All stipulations or settlement agreements disposing of any investigation may not be effective or binding in any respect until reduced to writing, signed by the licensee, and approved by the state superintendent.
PI 34.100 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.101PI 34.101No probable cause. If the state superintendent determines, based on the investigation under s. PI 34.100, that there is no probable cause to revoke a license, the state superintendent shall promptly notify the license holder and the complainant that the investigation is concluded and that there is no probable cause for revoking the license.
PI 34.101 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.102PI 34.102Probable cause.
PI 34.102(1)(1)Notice. If the state superintendent determines, based on an investigation under s. PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:
PI 34.102(1)(a)(a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following:
PI 34.102(1)(a)1.1. The specific charges.