Chapter Trans 106

Trans 106.04(2) (2) The appeal process for any school or instructor wishing to appeal the cancellation of a certification is as follows:

Trans 106.04(2)(a) (a) A school or instructor may request a redetermination. The request for redetermination shall be written and shall set forth clearly and concisely the specific grievances to the action, including a statement of the relevant facts and provisions of law upon which the request is based.

Trans 106.04(2)(b) (b) A request for redetermination shall be filed with the manager of the division of motor vehicles traffic safety school program and shall be received by the division of motor vehicles traffic safety school program within 30 days of the date that the department cancelled the certification.

Trans 106.04(2)(c) (c) The division of motor vehicles traffic safety school manager, the supervisor of that position and the director of the bureau of driver services shall conduct a determination and shall notify the requestor of their decision within 30 days of receipt of the request for redetermination.

Trans 106.04(2)(d) (d) If aggrieved, the requestor may, within 30 days of the date of the division’s redetermination, appeal the division’s redetermination by filing a written petition to the department of administration, division of hearings and appeals. The decision of the division of hearings and appeals is the final administrative decision but is subject to judicial review under s. 227.52, Stats.

Trans 106.04 Note Note: The Division of Hearings and Appeals is located at 5005 University Avenue, Suite 201, Madison, WI 53705.

Trans 106.04(3) (3) Any school found to be in violation of s. Trans 106.03 shall first be placed on a 6 month probation. Written notice of the probation and the reasons for the probation shall be provided. Written notification of the action taken to eliminate the deficiencies existing at the time the school was placed on probation shall be provided by the school at the end of the probation period. If deficiencies have not been eliminated, the school’s certification shall be cancelled.

Trans 106.04 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. to be (1), cr. (2) and (3), Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.05 Trans 106.05 School recertification after denial or cancellation. A school may be recertified after denial or cancellation of certification if the school submits an application to the department accompanied by letters or other documents that provide sufficient information about the methods for change it has initiated or accomplished. A recertification decision shall be based on the action taken to eliminate the deficiencies that existed at the time of the denial or cancellation.

Trans 106.05 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92.

Trans 106.06 Trans 106.06 Instructor certification standards.

Trans 106.06(1) (1) To obtain a department instructor certification, a person shall do all of the following:

Trans 106.06(1)(a) (a) Hold a valid motor vehicle operator’s license from the department or from the appropriate authority in the other jurisdiction in which the person resides. A nonresident shall provide the department with all of the following:

Trans 106.06(1)(a)1. 1. A record of the nonresident’s operator’s license status and traffic convictions at the time of application for certification.

Trans 106.06(1)(a)2. 2. A report of any traffic conviction, while the person is certified, within 30 days of that conviction, whether it occurs in Wisconsin or another jurisdiction.

Trans 106.06(1)(b) (b) Have a satisfactory driving record.

Trans 106.06(1)(b)1. 1. An applicant may not be certified until 6 months from the date of conviction of the violation which places the point total over 6 points or until one year from the date of an OWI conviction.

Trans 106.06(1)(b)2. 2. An applicant is not eligible to receive a 3 point reduction by completing a traffic safety school course.

Trans 106.06(1)(c) (c) Attend and observe all class sessions of the course for which the applicant has applied to be certified. All the sessions attended shall be taught by a certified program instructor.

Trans 106.06(1)(d) (d) Submit to the department an instructor certification application for each school.

Trans 106.06(2) (2) An instructor’s certification is valid from the date of the department’s approval until July 1 of an odd-numbered year.

Trans 106.06(3) (3) A certified instructor shall do all of the following:

Trans 106.06(3)(a) (a) Adhere to the procedures and curriculum established by the department and the school.

Trans 106.06(3)(b) (b) Teach all sessions of each course for which the instructor is certified at least once during a certification period. A newly certified instructor shall teach the course for which the instructor is certified within 6 months after the date of receiving the certification.

Trans 106.06(3)(c) (c) Participate in all mandatory department and school workshops and in-service training activities.

Trans 106.06(4) (4) An instructor’s failure to maintain a satisfactory driving record shall result in suspension of the instructor’s certification for 6 months from the date of conviction for the violation which places the point total over 6, or for one year from the date of an OWI conviction. If additional points are incurred or the instructor is convicted of OWI during that suspension period, the instructor’s certification shall be cancelled. An instructor is not eligible to receive a 3 point reduction by completing a traffic safety school course.

Trans 106.06(5) (5) A group dynamics traffic safety instructor shall meet the requirements of s. Trans 106.07. A multiple offender instructor shall meet the requirements of s. Trans 106.08. A general traffic safety instructor shall meet the requirements of s. Trans 106.09.

Trans 106.06 Note Note: Form MV 3306.

Trans 106.06 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1) (a) 1., (b), (c), (3) (b), (4), (5), cr. (1) (b) 1. and 2., Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.07 Trans 106.07 Group dynamics traffic safety program instructor qualifications. To be certified, a group dynamics traffic safety instructor shall meet at least 2 of the following 3 subsections, including sub. (1) (a), (2) (a) or (3) (a) from at least one subsection, at the time of application. An individual who does not meet a requirement specified in sub. (1) shall monitor a general traffic safety course:

Trans 106.07(1) (1) Traffic safety experience equal to one of the following:

Trans 106.07(1)(a) (a) Two years of occupational experience, or a comparable amount of experience and education in the area of traffic safety or a related field, such as driver education, law enforcement, fleet safety management, or experience in a safety related position with the division of motor vehicles.

Trans 106.07(1)(b) (b) Monitor the WTC general traffic safety course plus have completed a one semester, or 45 hour, traffic safety studies or accident prevention course.

Trans 106.07(2) (2) AODA experience equal to one of the following:

Trans 106.07(2)(a) (a) Two years of occupational experience or a comparable amount of experience and education in the area of AODA counseling, education, or treatment or related fields, such as student assistance program director or employee assistance program director.

Trans 106.07(2)(b) (b) Completed a minimum of 45 hours in an accredited college level course in the area of AODA education or treatment.

Trans 106.07(3) (3) Group process experience equal to one of the following:

Trans 106.07(3)(a) (a) Two years occupational experience in group process work or group counseling as a treatment or education professional.

Trans 106.07(3)(b) (b) Completed a minimum of 45 hours in an accredited college level course in the area of group work methods, group counseling or group process.

Trans 106.07 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; r. and recr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 106.08 Trans 106.08 Multiple offender traffic safety program instructor qualifications. To obtain certification, a multiple offender traffic safety instructor shall:

Trans 106.08(1) (1) Meet the minimum requirements of s. Trans 106.07.

Trans 106.08(2) (2) Teach at least 3 group dynamics courses in their entirety or have a bachelor’s or master’s degree in guidance counseling, psychology, behavioral studies or social work.

Trans 106.08 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; r. and recr. Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.09 Trans 106.09 General traffic safety program instructor qualifications. To be certified, a general traffic safety program instructor shall have a minimum of traffic safety experience equal to one of the following:

Trans 106.09(1) (1) Two years of occupational experience, or a comparable amount of experience and education in the area of traffic safety or a related field, such as driver education, law enforcement, fleet safety management, or experience in a safety related position with the division of motor vehicles.

Trans 106.09(2) (2) Monitor the WTC general traffic safety course plus have completed a one semester, or 45 hour, traffic safety studies or accident prevention course.

Trans 106.09 History History: Cr. Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.10 Trans 106.10 Denial or cancellation of instructor certification. An instructor certification shall be denied or cancelled for any of the following reasons:

Trans 106.10(1) (1) Unsatisfactory driving record as defined in s. Trans 106.06 (1) (b).

Trans 106.10(2) (2) Unsatisfactory classroom performance in the classroom, based on either of the following:

Trans 106.10(2)(a) (a) Excessive or continual deviation from the department approved curriculum.

Trans 106.10(2)(b) (b) Failure to adhere to traffic safety program policies.

Trans 106.10(3) (3) Report of a conviction of a violation which occurred as the result of alcohol or controlled substance use.

Trans 106.10(4) (4) Failure to teach the program during the previous certification period.

Trans 106.10(5) (5) Failure to participate in mandatory department or school workshops or in-service training activities.

Trans 106.10(6) (6) Falsifying an instructor certification application or a course completion certificate.

Trans 106.10(7) (7) Instructing a course for which an individual is not certified.

Trans 106.10 Note Note: Forms MV 3304 and MV 3306.

Trans 106.10 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.09, am. (3) and (4), cr. (7), Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.11 Trans 106.11 Instructor recertification after denial, cancellation or expiration.

Trans 106.11(1) (1) An instructor may be recertified after denial, cancellation or expiration of certification if the instructor submits an instructor certification application approved by the program coordinator and accompanied by a letter or other document that provides information and assurances about the action taken to eliminate the deficiencies existing at the time of denial or cancellation. In addition to the above, the letter shall verify that the instructor has:

Trans 106.11(1)(a) (a) Monitored all courses for which the instructor wishes to be certified if it has been 2 years since the expiration or cancellation.

Trans 106.11(1)(b) (b) Has a satisfactory driving record.

Trans 106.11(2) (2) The department’s recertification decision shall be based on the appropriateness of the action taken in response to the deficiencies.

Trans 106.11 Note Note: Form MVD 3306.

Trans 106.11 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.10 and am. Register, March, 1996, No. 483, eff. 4-1-96.

Trans 106.12 Trans 106.12 Advisory council.

Trans 106.12(1) (1) A traffic safety school advisory council is established to recommend to the department uniform standards and guidelines for initiating and maintaining statewide traffic safety school programs and to promote interagency relations concerning the education and rehabilitation of persons who have driven while intoxicated or have demonstrated other unsafe driving practices.

Trans 106.12(2) (2) Members of the council shall include representatives from the office of transportation safety, the American automobile association, the board of the WTC, the department of public instruction, the department, the county assessment agencies, and a representative from each of the traffic safety school programs.

Trans 106.12(3) (3) The functions and responsibilities of the council include all of the following:

Trans 106.12(3)(a) (a) Recommending program guidelines, such as length of program, curriculum, instructor qualifications, fees, state and regional in-service training, evaluation criteria, program changes, coordinator responsibilities, program supervision, education techniques and program procedures for communicating with law enforcement agencies, prosecutors, courts, alcohol and other drug abuse referral agencies, the department and other agencies.

Trans 106.12(3)(b) (b) Promoting program cooperation among law enforcement agencies, prosecutors, courts, treatment centers, assessment agencies, educational agencies, the board of the WTC, the American automobile association and the department.

Trans 106.12(3)(c) (c) Developing and disseminating traffic safety school program resources.

Trans 106.12(3)(d) (d) Furthering traffic safety school program public relations and education.

Trans 106.12(3)(e) (e) Reviewing and recommending approval of traffic safety school pilot programs.

Trans 106.12 History History: Cr. Register, December, 1991, No. 432, eff. 1-1-92; renum. from Trans 106.11 and am. (2) and (3) (b), Register, March, 1996, No. 483, eff. 4-1-96.