AB1078,16,24 22343.69 (title) Hearings on license denials and, cancellations,
23restrictions, suspensions, and
revocations, and progressive enforcement
24action
.
AB1078, s. 52
1Section 52. 343.69 of the statutes is renumbered 343.69 (1) and amended to
2read:
AB1078,17,153 343.69 (1) Before If the department denies an application for original issuance
4or renewal of
a driver school license or instructor's license, or revokes, suspends,
5cancels, or restricts
any such license, the department shall notify the applicant or
6licensee in writing of the pending action and that the division of hearings and appeals
7will hold a hearing on the pending denial or revocation. The division of hearings and
8appeals shall send
by sending notice of the hearing action by registered or certified
9mail to the last-known address of the licensee or applicant, at least 10 days prior to
10the date of the hearing
. Any person who is aggrieved by a decision of the department
11under this subsection may, within 10 days after the date of receiving notice of the
12department's action, request review of the action by the division of hearings and
13appeals in the department of administration under ch. 227
. This section subsection
14does not apply to denials, cancellations, restrictions, suspensions, or revocations of
15licenses under s. 343.665 or 343.675 343.66 (2) or (3).
AB1078, s. 53 16Section 53. 343.69 (2) of the statutes is created to read:
AB1078,17,2117 343.69 (2) The department shall establish by rule a system of progressive
18enforcement action taken against licensees for violations of this subchapter or rules
19promulgated under this subchapter. This system shall include a procedure for
20addressing consumer complaints and taking action against licensees when such
21complaints are found to be substantiated.
AB1078, s. 54 22Section 54. 343.70 (title) of the statutes is repealed.
AB1078, s. 55 23Section 55. 343.70 (1) of the statutes is renumbered 343.61 (3) (e) and
24amended to read:
AB1078,18,4
1343.61 (3) (e) If any driver school or instructor's license is lost, it shall be
2reissued by
the department upon application therefor accompanied by shall issue a
3replacement upon receipt of a completed application, satisfactory proof of eligibility,

4satisfactory proof of loss, and a fee of $1 established by the department by rule.
AB1078, s. 56 5Section 56. 343.70 (2) of the statutes is renumbered 343.66 (4) and amended
6to read:
AB1078,18,97 343.66 (4) If a driver school or instructor's license is suspended or revoked,
8canceled, or suspended, the licensee shall surrender all driver school and instructor
9licenses to the department and no portion of the any license fee shall be refunded.
AB1078, s. 57 10Section 57. 343.71 (title) of the statutes is amended to read:
AB1078,18,12 11343.71 (title) Driver schools to maintain school records, curriculum,
12and operations
.
AB1078, s. 58 13Section 58. 343.71 (intro.) of the statutes is renumbered 343.71 (1m) (intro.)
14and amended to read:
AB1078,18,1615 343.71 (1m) (intro.) Every licensed driver school shall maintain all of the
16following records:
AB1078, s. 59 17Section 59. 343.71 (1) of the statutes is repealed.
AB1078, s. 60 18Section 60. 343.71 (2) of the statutes is renumbered 343.71 (1m) (a) and
19amended to read:
AB1078,18,2520 343.71 (1m) (a) A record showing the date, type, and duration of, and the name
21and address of each person receiving,
all lessons, lectures, tutoring, instructions or
22other services relating to instructions in the operation of motor vehicles, and this
23record shall include the name of the instructor giving such lessons or instructions
24and identification of the vehicle in which any road driving skills lesson is given,
25including type of transmission;
.
AB1078, s. 61
1Section 61. 343.71 (3) of the statutes is renumbered 343.71 (1m) (b) and
2amended to read:
AB1078,19,143 343.71 (1m) (b) A file containing a duplicate copy of every agreement entered
4into between the school and every person given lessons, lectures, instructions or
5other services relating to instructions in the operation of motor vehicles
required
6under this paragraph
. No person shall be given driver school or instructor may
7provide
lessons, lectures, tutoring or other services relating to instructions in the
8operation of motor vehicles until unless a written agreement in a form approved by
9the department has been executed by both the school and either the student if the
10student is at least 18 years of age or, if the student is under 18 years of age, the
11student's parent or legal guardian
. The student shall be given driver school shall
12give the student, or the parent or guardian if the student is under 18 years of age,

13the original, while the school agreement and shall retain and preserve the carbon a
14duplicate thereof copy of the agreement.
AB1078, s. 62 15Section 62. 343.71 (5) of the statutes is created to read:
AB1078,19,1816 343.71 (5) A driver school shall notify the department of the name and address
17of each person who is under the age of 18 years at the commencement of a course in
18driver training and who fails to satisfactorily complete the course.
AB1078, s. 63 19Section 63. 343.72 (1) of the statutes is amended to read:
AB1078,19,2120 343.72 (1) No licensee may agree to give refresher lessons, unless the student
21states that he or she has had previous driving experience operating a motor vehicle.
AB1078, s. 64 22Section 64. 343.72 (2) of the statutes is renumbered 343.71 (2m) and amended
23to read:
AB1078,20,224 343.71 (2m) No licensee shall may agree to give unlimited driver's driver
25lessons, nor represent or agree, orally or in writing or as a part of an inducement to

1sign any agreement, to give instructions until the student obtains an operator's
2license is obtained.
AB1078, s. 65 3Section 65. 343.72 (3) of the statutes is renumbered 343.71 (3m) and amended
4to read:
AB1078,20,75 343.71 (3m) No agreement shall may contain a "no refund" clause, but may
6contain the following: "The school will not refund any tuition or part of tuition if the
7school is ready, willing and able to fulfill its part of the agreement".
AB1078, s. 66 8Section 66. 343.72 (4) of the statutes is renumbered 343.71 (4).
AB1078, s. 67 9Section 67. 343.72 (5) of the statutes is renumbered 343.61 (4) (b) and
10amended to read:
AB1078,20,2011 343.61 (4) (b) The licensee shall have a specific place of business described
12location of each driver school office shall be identified in the license. No Except as
13provided by the department by rule, no
licensee shall may establish its headquarters
14any driver school office within 1,500 feet of a department office where operator's
15licenses are issued, nor within 1,500 feet of any headquarters where official road
16driving skills tests are given, and locations shall be filed with the department as part
17of the license application
. Any change in address of any driver school office or driver
18school classroom
must be reported to and approved by the department. A driver
19school may maintain driver school classrooms at locations other than the driver
20school office.
AB1078, s. 68 21Section 68. 343.72 (5m) of the statutes is created to read:
AB1078,21,222 343.72 (5m) No driver school may represent that completion of a course of
23instruction will guarantee that the student will pass the driving skills test
24administered by the department. A driver school may only represent by means of a

1certificate of completion that the student has satisfactorily completed the required
2course.
AB1078, s. 69 3Section 69. 343.72 (6) of the statutes is amended to read:
AB1078,21,74 343.72 (6) All licensees must ascertain from state license examiners the route
5over which road tests are given, and no licensee may instruct in those areas, except
6that driver schools may operate on a division of motor vehicle skills test route if
7comparable training location opportunities are not otherwise available in the locale
.
AB1078, s. 70 8Section 70. 343.72 (7) of the statutes is amended to read:
AB1078,21,119 343.72 (7) Licensees shall may not publish, advertise, or intimate create the
10impression
that a license is guaranteed or assured. The display of a sign such as
11"License Secured Here" is forbidden.
AB1078, s. 71 12Section 71. 343.72 (8) of the statutes is repealed.
AB1078, s. 72 13Section 72. 343.72 (9) of the statutes is renumbered 343.61 (4) (c) and
14amended to read:
AB1078,21,1715 343.61 (4) (c) Except as provided by sub. (8), the The use of the word
16"Wisconsin", or "State" or the name of the city in which the school is located, in any
17sign, firm name or other medium of advertising is prohibited.
AB1078, s. 73 18Section 73. 343.72 (11) of the statutes is amended to read:
AB1078,21,2519 343.72 (11) All driver training cars vehicles must be registered with the
20department with a brief description of each, including the make, model, and
21registration number, and type of transmission shall be kept in safe working
22condition, as established by the department by rule. The department may
23promulgate rules authorizing the department to place any driver training vehicle out
24of service for a vehicle equipment violation or for failure to file with the department
25proof of insurance for the vehicle
.
AB1078, s. 74
1Section 74. 343.72 (12) of the statutes is amended to read:
AB1078,22,72 343.72 (12) All driver training cars vehicles shall be equipped with approved
3dual controls so that the instructor can stop the car vehicle promptly. The
4department may inspect these cars vehicles at its discretion. After initial inspection
5of any driver training vehicle by the department, a driver school may, as provided by
6rule, certify to the department the condition of any driver training vehicle of a model
7year not more than 3 years old.
AB1078, s. 75 8Section 75. 343.73 of the statutes is amended to read:
AB1078,22,11 9343.73 Penalty. Any person who violates ss. 343.60 to 343.72 may be fined
10required to forfeit not less than $25 $100 nor more than $100 or imprisoned not more
11than 30 days
$200 for each offense.
AB1078, s. 76 12Section 76. Initial applicability.
AB1078,22,1513 (1) This act first applies to licenses issued or renewed, actions taken by the
14department of transportation against licenses, agreements entered into, and
15requests for review or hearing made, on the effective date of this subsection.
AB1078, s. 77 16Section 77. Effective date.
AB1078,22,1817 (1) This act takes effect on the first day of the 4th month beginning after
18publication.
AB1078,22,1919 (End)
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