218.21 Annotation
See note to 19.21, citing 66 Atty. Gen. 302.
218.22
218.22
When department to license salvage dealers. 218.22(1)(1) The department shall issue a license to the applicant for a motor vehicle salvage dealer's license upon the receipt of a properly completed application form accompanied by the fee required under
sub. (2) (c) or
(d), upon being satisfied that the applicant is financially solvent or that the applicant has furnished a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by
s. 218.01 (2) (h) 2., and of good character and:
218.22(1)(a)
(a) If the application is for renewal of an existing license, upon being satisfied that the applicant has complied with and will comply with this subchapter;
218.22(1)(b)
(b) If the application is for an original license, upon being satisfied that:
218.22(1)(b)2.
2. The proposed site or operation will comply with all laws, the rules promulgated by the department and the locally applicable zoning or permit requirements, before beginning operations, including all laws, rules and local requirements already enacted as promulgated as of the date of application and scheduled to take effect at a later date.
218.22(2)(a)(a) A motor vehicle salvage dealer's license entitles the licensee to carry on and conduct the business of a motor vehicle salvage dealer during the license period.
218.22(2)(b)1.1. The department shall promulgate rules establishing a license period.
218.22(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.22(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $75 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.
218.22(2)(d)
(d) If the department issues a license under this section during the license period, the fee for the license shall equal $75 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under
par. (c).
218.22(2m)
(2m) License fees collected under this subchapter shall be deposited in the transportation fund.
218.22(3)
(3) The department may deny, suspend or revoke a license on any of the following grounds:
218.22(3)(a)
(a) Proof of financial insolvency or other unfitness.
218.22(3)(b)
(b) Material misstatement in application for license.
218.22(3)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.22(3)(d)
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the department under this section.
218.22(3)(e)
(e) Wilfully defrauding any retail buyer to the buyer's damage.
218.22(3)(f)
(f) Wilful failure to perform any written agreement with any retail buyer.
218.22(3)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
218.22(3)(h)
(h) Having made a fraudulent sale, transaction or repossession.
218.22(3)(i)
(i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
218.22(3)(j)
(j) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts and the redemption and resale of such goods.
218.22(3)(k)
(k) Having indulged in any unconscionable practice relating to said business.
218.22(3)(L)
(L) Having charged interest in excess of 15 per cent per year.
218.22(3)(m)
(m) Having sold a retail instalment contract to a sales finance company not licensed under
s. 218.01.
218.22(3)(n)
(n) Having violated any law relating to the sale, distribution or financing of salvaged parts.
218.22(4)
(4) Procedure in denial, suspension or revocation. 218.22(4)(a)(a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness.
218.22(4)(b)
(b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals.
218.22(4)(c)
(c) The licensor may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the licensor, and the licensor may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.22(5)
(5) No salvage dealer licensed under
ss. 218.205 to
218.23 shall be licensed as a dealer under
s. 218.01 (2) at his or her salvage dealer location, provided that nothing herein shall prohibit licensing and transacting of both businesses at the same location where the salvage operations are physically separated.
218.23
218.23
Licensee to maintain records; sale of vehicles by licensee. 218.23(1)(1) Whenever a licensed motor vehicle salvage dealer acquires a motor vehicle for the purpose of wrecking it, the dealer shall mail or deliver the certificate of title or if the transfer to the salvage dealer was by a bill of sale, the bill of sale, for such vehicle to the department within 30 days after the vehicle is delivered to the salvage yard unless the previous owner already has done so. If he or she subsequently wishes to transfer such vehicle to another person, he or she shall make such transfer only by bill of sale. In such bill of sale, he or she shall describe the vehicle and shall state that the certificate of title for the vehicle has been mailed or delivered to the department because the vehicle was to have been junked.
218.23(2)
(2) Every licensed motor vehicle salvage dealer shall maintain a record of every vehicle which is bought or otherwise acquired and wrecked by the salvage dealer, which record shall state the name and address of the person from whom such vehicle was acquired and the date thereof. The record shall be in the form prescribed by the department.
218.23(3)
(3) Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both.
218.24
218.24
Salvage dealer license number displayed on trucks and truck-tractors. 218.24(1)
(1) Each motor vehicle salvage dealer licensed under this subchapter shall prominently display his or her salvage dealer license number on both sides of each truck or truck-tractor owned by such dealer and operated for hauling, towing or pushing salvage vehicles.
218.24(2)
(2) The letters "DMV SAL" shall be placed directly ahead of the assigned license certificate number.
218.24(3)
(3) The markings required by this section shall be not less than 2 inches in height and not less than one-fourth inch brush stroke, and in sharp color contrast to the background on which it is applied. Such identification shall be maintained in such manner as to remain legible while the vehicle is in operation.
218.24(4)
(4) Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both.
218.24 History
History: 1975 c. 288.
218.25
218.25
Rules. The department shall make rules under
ch. 227 and establish the standards necessary to carry out the purposes of this subchapter and to provide for the orderly operation of motor vehicle salvage sites.
MOTOR VEHICLE AUCTION DEALERS
218.30
218.30
Definitions. In this subchapter:
218.30(1)
(1) "Department" means the department of transportation.
218.30(2)
(2) "License period" means the period during which a license issued under
s. 218.32 is effective, as established by the department under
s. 218.32 (2) (b) 1.
218.30 History
History: 1989 a. 31.
218.305
218.305
Motor vehicle auction dealers to be licensed. No person shall carry on or conduct the business of auctioning motor vehicles at wholesale unless licensed to do so by the department. Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days, or both.
218.305 History
History: 1971 c. 40;
1977 c. 29 s.
1654 (7) (a);
1989 a. 31 s.
2487dp; Stats. 1989 s. 218.305.
218.31
218.31
Application for auction dealer's license. 218.31(1)(1) Application for a motor vehicle auction dealer's license shall be made upon the form prescribed by the department and shall contain:
218.31(1)(b)
(b) When the applicant is a partnership, the name and address of each partner.
218.31(1)(bL)
(bL) When the applicant is a limited liability company, the name and address of each member.
218.31(1)(c)
(c) When the applicant is a corporation, the names of the principal officers of the corporation and the name of the state in which incorporated.
218.31(1)(d)
(d) The place or places where the business is to be conducted and the nature of the business.
218.31(1)(e)
(e) Such other pertinent information as may be required by the department for the purpose of determining the eligibility of the applicant to be licensed.
218.31(2)
(2) Every application shall be executed by the applicant, if an individual, or in the event the applicant is a partnership, limited liability company or corporation, by a partner, member or officer thereof. Every such application shall be accompanied by the fee required by law.
218.32
218.32
When department to license auction dealer. 218.32(1)(1) The department shall issue a license certificate to the applicant for a motor vehicle auction dealer's license upon receipt of a properly completed application form accompanied by the fee required under
sub. (2) (c) or
(d) and upon being satisfied that the applicant is of good character and that, so far as can be ascertained, the applicant has complied with and will comply with the laws of this state with reference to
ss. 218.305 to
218.33.
218.32(2)(a)(a) A motor vehicle auction dealer's license entitles the licensee to carry on and conduct the business of a motor vehicle auction dealer during the license period.
218.32(2)(b)1.1. The department shall promulgate rules establishing a license period.
218.32(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.32(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $50 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.
218.32(2)(d)
(d) If the department issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under
par. (c).
218.32(3)
(3) The department may deny, suspend or revoke a license on the following grounds:
218.32(3)(b)
(b) Material misstatement in application for license.
218.32(3)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.32(3)(d)
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the department under this section.
218.32(3)(e)
(e) Wilfully defrauding any retail buyer to the buyer's damage.
218.32(3)(f)
(f) Wilful failure to perform any written agreement with any retail buyer.
218.32(3)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
218.32(3)(h)
(h) Having made a fraudulent sale, transaction or repossession.
218.32(3)(i)
(i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
218.32(3)(j)
(j) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts and the redemption and resale of such goods.
218.32(3)(k)
(k) Having indulged in any unconscionable practice relating to said business.
