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.
218.32(3)(L)
(L) Having charged interest in excess of 15 per cent per year.
218.32(3)(m)
(m) Having sold a retail instalment contract to a sales finance company not licensed hereunder.
218.32(3)(n)
(n) Having violated any law relating to the sale, distribution or financing of motor vehicles.
218.32(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.
218.32(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.
218.32(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.
218.33
218.33
Motor vehicle auction dealer to be bonded; conduct of auction business. 218.33(1)
(1) Each licensee under
s. 218.32 shall furnish and maintain a corporate surety bond in the amount of $25,000 in such form as the department approves, conditioned upon the licensee's complying with the laws applicable to the licensee and as indemnity for any loss sustained by any person by reason of acts of the licensee constituting grounds for refusal or revocation of the auction dealer's license. The bond shall run to the state of Wisconsin for the benefit of aggrieved parties, but the aggregate liability of the surety for all such parties shall not exceed the amount of said bond.
218.33(2)
(2) The following rules shall govern the conduct of motor vehicle auction sales:
218.33(2)(a)
(a) Sales of motor vehicles shall be confined to those offered by licensed motor vehicle dealers and shall be sold only to licensed motor vehicle dealers.
218.33(2)(b)
(b) For each motor vehicle offered for sale by a motor vehicle dealer, the transferring dealer shall provide the motor vehicle auction dealer with clear title or shall furnish title insurance at the time of the sale. For each motor vehicle sold at an auction, the motor vehicle auction dealer shall enter on the certificate of title, or on the form used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred through an auction sale.
218.33(2)(c)
(c) Payment for motor vehicles bought and sold shall be made immediately after sale.
218.33(2m)
(2m) Section 342.157 applies to motor vehicle auction sales under this section.
218.33(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.
MOPED DEALERS
218.40
218.40
Definitions. In this subchapter:
218.40(1)
(1) "Department" means the department of transportation.
218.40(1m)
(1m) "License period" means the period during which a license granted under
s. 218.41 is effective, as established by the department under
s. 218.41 (2m) (a) 1.
218.40(3)
(3) "Moped dealer" means any person, firm or corporation, who is engaged wholly or in part in the business of selling mopeds. Provided, however, that a person, firm or corporation who is also a motor vehicle dealer under
s. 218.01 shall be governed and regulated by the provisions of
s. 218.01 and not this section.
218.41
218.41
Moped dealers regulated. 218.41(1)
(1) No person may engage in the business of selling mopeds in this state without a license therefor as provided in this section.
218.41(2)(a)(a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires.
218.41(2)(c)
(c) The department may require in such application, or otherwise, information relating to the applicant's solvency, financial standing or other pertinent matter, commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, all of which may be considered by the department in determining the fitness of the applicant to engage in business as set forth in this section.
218.41(2)(d)
(d) All licenses shall be granted or refused within 30 days after the department receives the application for the license.
218.41(2)(e)
(e) Each license shall specify the location of the office or branch for which it is issued and must be available for inspection there. In case such location is changed, the department shall endorse the change of location on the license without charge if it is within the same municipality. A change of license to another municipality shall require a new license.
218.41(2m)(a)1.1. The department shall promulgate rules establishing a license period.
218.41(2m)(a)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses granted under this section.
218.41(2m)(b)
(b) The department shall establish by rule the amount of the fee for a license granted under this section. The fee may not exceed a total of $50 per year for each year that the license is effective. The fee shall be prorated if the license period is not evenly divisible into years.
218.41(2m)(c)
(c) If the department grants a license under this section during the license period, the fee for the license shall equal the annual amount established under
par. (b) 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 total license fee for the entire license period under
par. (b).
218.41(3)
(3) A license may be denied, suspended or revoked on any of the following grounds:
218.41(3)(b)
(b) Material misstatement in application for license.
218.41(3)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.41(3)(d)
(d) Wilful failure to comply with any provision of this section or any rule or regulation promulgated by the department under this section.
218.41(3)(e)
(e) Wilfully defrauding any retail buyer to the buyer's damage.
218.41(3)(f)
(f) Wilful failure to perform any written agreement with any retail buyer.
218.41(4)
(4) The department may without notice deny the application for a license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the division of hearings and appeals shall set the time and place of hearing a review of such denial, the same to be heard with reasonable promptness.
218.41(5)(a)(a) No license may be suspended or revoked except after a hearing thereon.
218.41(5)(b)
(b) Except as provided in
par. (c), the division of hearings and appeals shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking the license shall not be effective until after 10 days' written notice thereof to the licensee, after the hearing has been had.
218.41(5)(c)
(c) When the department finds that the best interest of the public or the trade demands such action, the department 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.
218.41(6)
(6) The department may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by the licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of the costs in any court of competent jurisdiction.
218.41(7)
(7) If a licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension or revocation of a license that any officer, director or trustee of the firm or corporation, or any member in case of a partnership or limited liability company, has been guilty of any act or omission which would be cause for refusing, suspending or revoking a license to the party as an individual. Each licensee shall be responsible for the acts of any or all salespersons while acting as the licensee's agent, if the licensee approved of or had knowledge of the acts or other similar acts and after such approval or knowledge retained the benefit, proceeds, profits or advantages accruing from the acts or otherwise ratified the acts.
218.41(8)
(8) Any department or other person in interest being dissatisfied with an order of the division of hearings and appeals may have a review thereof as provided in
ch. 227.
218.42
218.42
Examination by department. No licensee is subject to examination or audit by the department under this subchapter other than as provided in
s. 218.41 (6).
218.42 History
History: 1977 c. 288.
218.43
218.43
Penalty. Any person violating
s. 218.41 or a lawful rule or order issued thereunder shall, upon conviction, be subject to a fine of not less than $25 and not more than $100.
218.43(1)
(1) The department may cancel the license of the convicted licensee.
218.43(2)
(2) The license issued to any convicted licensee shall be surrendered to any police officer upon direction of the department without any refund of the fees paid.
218.43(3)
(3) Any license canceled under this section may not be renewed for 12 months.
218.43 History
History: 1977 c. 288.
MOTOR VEHICLE SALVAGE POOLS
AND BUYER IDENTIFICATION
218.50
218.50
Definitions. In this subchapter:
218.50(1)
(1) "Buyer identification card" means a card issued by the department authorizing the cardholder to bid on and purchase motor vehicles being held and offered for sale by a motor vehicle salvage pool and containing the full name, business and residence address and a brief description of the cardholder, the buyer identification number assigned to the cardholder by the department, either a facsimile of the cardholder's signature or a space upon which the cardholder shall write his or her name immediately upon receipt of the card and such other information as the department specifies.
218.50(1m)
(1m) "Buyer identification card period" means the period during which a buyer identification card issued under
s. 218.51 is effective, as established by the department under
s. 218.51 (3) (b) 1.
218.50(2)
(2) "Buyer identification number" means the distinguishing sequence of numbers or numbers and letters assigned by the department to a cardholder and appearing on that cardholder's buyer identification card.
218.50(3)
(3) "Cardholder" means a person to whom the department has issued a buyer identification card.
218.50(4)
(4) "Department" means the department of transportation.
218.50(5)
(5) "Motor vehicle salvage pool" means a person who is engaged primarily in the business of selling or distributing damaged motor vehicles at wholesale, whether or not the motor vehicles are owned by that person.
218.50(6)
(6) "Qualified applicant" means a motor vehicle dealer, wholesaler salvage dealer licensed under this chapter, a motor vehicle dealer, wholesaler or salvage dealer licensed in another jurisdiction or an employe of a motor vehicle dealer, wholesaler or salvage dealer under this subsection.
218.50 History
History: 1987 a. 349;
1989 a. 31,
56.
218.505
218.505
Salvage pools to be licensed as wholesalers. No motor vehicle salvage pool may engage in business as such unless licensed as a wholesaler under
s. 218.01.
218.505 History
History: 1987 a. 349.
218.51
218.51
Buyer identification cards. 218.51(1)
(1) The department shall issue buyer identification cards to qualified applicants who wish to purchase or submit bids for the purchase of used or damaged motor vehicles from a motor vehicle salvage pool. The department shall specify the form of the buyer identification card.
218.51(2)
(2) A buyer identification card entitles a cardholder to purchase or submit bids for the purchase of a motor vehicle from a motor vehicle salvage pool during the buyer identification card period.
218.51(3)(a)(a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application.
