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. Trans 100.11 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am., Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05. Trans 100.12(1)(1) Effect of release. The department may not suspend the operating privilege of an operator or motor vehicle registrations of a vehicle owner under s. 344.14, Stats., if that person has been released from liability by all persons on whose behalf a security deposit has been required by the department under s. Trans 100.07 or s. 344.13, Stats., and all persons who have filed subrogation notices with the department for such claims. Trans 100.12(2)(b)(b) Consideration required. A release shall state that it is made for consideration, such as an exchange of money or something that has money value. Trans 100.12 NoteNote: Forms MV 3039—Minors Release, and MV 3041—Release of Liability.