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.
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(3m)(a)(a) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
218.32(3m)(b)
(b) The department of transportation shall suspend or revoke a license if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
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. This paragraph does not apply to denials of applications for licenses under
sub. (3m).
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. This paragraph does not apply to licenses that are suspended or revoked under
sub. (3m).
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 or in the automated format 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)(am)1.1. In addition to any other information required under this subsection, an application for a license under this section shall include the following:
218.41(2)(am)1.a.
a. In the case of an individual, the individual's social security number.
218.41(2)(am)1.b.
b. In the case of a person that is not an individual, the person's federal employer identification number.
218.41(2)(am)2.
2. The department of transportation may not disclose any information received under
subd. 1. a. or
b. to any person except to the department of workforce development for the sole purpose of administering
s. 49.22 or the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
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(3m)(a)(a) A license shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
218.41(3m)(b)2.
2. A license shall be suspended or revoked if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this subdivision for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
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. This subsection does not apply to denials of applications for licenses under
sub. (3m).
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(5)(d)
(d) This subsection does not apply to licenses that are suspended or revoked under
sub. (3m).
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.
