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) Willful 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) Willfully defrauding any retail buyer to the buyer's damage.
218.41(3)(f)
(f) Willful 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 children and families 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(3m)(b)3.
3. A license shall be suspended or revoked if the department of workforce development certifies under
s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under
s. 108.227 (2) (b) 1. b. and hearing under
s. 108.227 (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.
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 may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years.
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;
2013 a. 370.
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 employee 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
ss. 218.0101 to
218.0163.
218.505 History
History: 1987 a. 349;
1999 a. 31.
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.
218.51(3)(am)1.1. In addition to any other information required under
par. (a) and except as provided in
subd. 3., an application for a buyer identification card shall include the following:
218.51(3)(am)1.a.
a. In the case of an individual, the individual's social security number.
218.51(3)(am)1.b.
b. In the case of a person that is not an individual, the person's federal employer identification number.
218.51(3)(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 children and families for the sole purpose of administering
s. 49.22, the department of revenue for the sole purpose of requesting certifications under
s. 73.0301, and the department of workforce development for the sole purpose of requesting certifications under
s. 108.227.
218.51(3)(am)3.
3. If an applicant for the issuance or renewal of a buyer identification card is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the buyer identification card, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. Any buyer identification card issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
218.51(3)(b)1.1. The department shall promulgate rules establishing the buyer identification card period.
218.51(3)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all buyer identification cards issued under this section.
218.51(3)(c)
(c) The department shall establish by rule the amount of the fee for a buyer identification card issued under this section. The department may not require a fee for an individual who is eligible for the veterans fee waiver program under
s. 45.44 for a buyer identification card issued under this section.
218.51(3)(d)
(d) If the department issues a buyer identification card under this section during the buyer identification card period, the fee for the buyer identification card shall equal the amount established under
par. (c), expressed at an annual rate, multiplied by the number of calendar years, including parts of calendar years, during which the buyer identification card remains in effect. A fee determined under this paragraph may not exceed the total buyer identification card fee for the entire buyer identification card period under
par. (b).
218.51(4)
(4) The department may deny, suspend or revoke a buyer identification card on any of the following grounds:
218.51(4)(b)
(b) Material misstatement in the application for a buyer identification card.
218.51(4)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.51(4)(d)
(d) Willful failure to comply with any provision of this subchapter or any rule promulgated by the department under this subchapter.
218.51(4)(e)
(e) Failure or refusal to furnish and keep in force any bond required.
218.51(4)(f)
(f) Having made a fraudulent transaction or having permitted the fraudulent use of his or her buyer identification card.
218.51(4)(g)
(g) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars required under this subchapter to be stated or furnished to a motor vehicle salvage pool.
218.51(4)(h)
(h) Having violated any law relating to the sale, distribution or financing of salvaged parts.
218.51(4m)(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 children and families 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.
218.51(4m)(b)1.1. A buyer identification card shall be denied if the applicant fails to provide any information required under
sub. (3) (am) 1.
218.51(4m)(b)2.
2. A buyer identification card shall be suspended or revoked if the department of revenue certifies under
s. 73.0301 that the cardholder is liable for delinquent taxes. A cardholder whose buyer identification card 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.
218.51(4m)(b)3.
3. A buyer identification card shall be suspended or revoked if the department of workforce development certifies under
s. 108.227 that the cardholder is liable for delinquent unemployment insurance contributions. A cardholder whose buyer identification card is suspended or revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under
s. 108.227 (2) (b) 1. b. and hearing under
s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
218.51(5)(a)(a) The department may without notice deny the application for a buyer identification card 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. (4m).
218.51(5)(b)
(b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. 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. (4m).
218.51(5)(c)
(c) The department may inspect the pertinent books, records, letters and contracts of a cardholder. The actual cost of each such examination shall be paid by the cardholder so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.51 Cross-reference
Cross-reference: See also ch.
Trans 147, Wis. adm. code.
218.52
218.52
Purchases from motor vehicle salvage pools. 218.52(1)(1) No person may purchase or submit a bid for the purchase of a motor vehicle from a motor vehicle salvage pool unless the following conditions are satisfied:
218.52(1)(a)
(a) The person is a cardholder and the person's buyer identification card has not been suspended or revoked.
