3. Evidence of rehabilitation or change in circumstances warranting reinstatement of the credential.
(5) Participating Driver. As provided in s. 440.41 (2), Stats, no person may engage in transportation network services in this state unless the person is a participating driver for a transportation network company licensed by the department. SPS 210.40 Disciplinary proceedings and actions.
(1) Investigations and hearings. Subject to the rules promulgated under s. 440.03 (1), Stats., the department may conduct investigations and hold hearings to determine whether a violation of subchapter IV of Chapter 440, Stats., or any rule promulgated under subchapter IV of Chapter 440, Stats., or a violation of any other law that substantially relates to the operation of a transportation network company or to transportation network services has occurred.
(2) Discipline. Subject to the rules promulgated under s. 440.03 (1), Stats., the department may reprimand a licensed company or deny, limit, suspend, or revoke a license granted under s. 440.415, Stats., if the department finds that an applicant for licensure or a licensed company has done any of the following:
(a) Intentionally made a material misstatement in an application for a license or license renewal.
(b) Advertised in a manner that is false or misleading.
(c) Obtained or attempted to obtain compensation through fraud or deceit.
(d) Violated subchapter IV of Chapter 440, Stats., or any rule promulgated under subchapter IV of Chapter 440, Stats., or violated any other law that substantially relates to the operation of a transportation network company or to transportation network services. A transportation network company that has been the subject of an administrative, judicial, or other sanction shall send to the department within 30 days after the determination or sanction becomes final, an official form of notice, judgment, or other record from the administrative, judicial, or other governing body forum. (e) Failed to cooperate with the department in connection with an investigation under this section. Failure to provide a substantive response to an inquiry or a request for information by the department in connection with an investigation under this section constitutes a failure to cooperate.
(f) Failed to timely respond to a request for information by the department in connection with an investigation under this section. There is a rebuttable presumption that a credential holder has failed to respond in a timely manner if the credential holder takes longer than 30 days to respond to a request for information or longer than 10 days to respond if provided with an investigative subpoena.
(3) Forfeitures. In addition to or in lieu of a reprimand or other action under sub. (2), the department may assess against a licensed company, for the violations under sub. (2), a forfeiture of not more than $1,000 for each separate offense. Each day of non-compliance constitutes a separate offense.
Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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