218.11

218.11 Recreational vehicle dealers regulated.

218.11(2)

(2)

218.11(2)(am)

(am)

218.11(2)(b)

(b)

218.11(2)(b)1.

1. The department shall promulgate rules establishing the license period under this section.

218.11(1)

(1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the department.

218.11(2)(a)

(a) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under para. (c) or (d).

218.11(2)(am)1.

1. In addition to any other information required under para. (a) and except as provided in subd. 4., an application by an individual for the issuance or renewal of a license under this section shall include the individual’s social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person’s federal employer identification number.

218.11(2)(am)2.

2. The department shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

218.11(2)(am)3.

3. The department may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering § 49.22 or to the department of revenue for the sole purpose of requesting certifications under § 73.0301.

218.11(2)(am)4.

4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, 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 license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

218.11(2)(b)2.

2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

218.11(2)(c)

(c) Except as provided in para. (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.

218.11(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 para. (c).

218.11(3)

(3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the department, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the department.

218.11(5)

(5) A licensee shall conduct the licensed business continuously during the license year.

218.11(5m)

(5m) Any person who shall violate any provision of this section shall be fined not less than $25 nor more than $100 for each offense.

218.11(6)

(6) The department may deny, suspend or revoke a license on the following grounds:

218.11(6)(a)

(a) Proof of unfitness.

218.11(6)(b)

(b) Material misstatement in application for license.

218.11(6)(c)

(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.

218.11(6)(d)

(d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section.

218.11(6)(e)

(e) Willfully defrauding any retail buyer to the buyer’s damage.

218.11(6)(f)

(f) Willful failure to perform any written agreement with any retail buyer.

218.11(6)(g)

(g) Failure or refusal to furnish and keep in force any bond required.

218.11(6)(h)

(h) Having made a fraudulent sale, transaction or repossession.

218.11(6)(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.

218.11(6)(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 installment contracts and the redemption and resale of such goods.

218.11(6)(k)

(k) Having indulged in any unconscionable practice relating to said business.

218.11(6)(m)

(m) Having sold a retail installment contract to a sales finance company not licensed hereunder.

218.11(6)(n)

(n) Having violated any law relating to the sale, distribution or financing of recreational vehicles.

218.11(6m)

(6m)

218.11(7)

(7)

218.11(6m)(a)

(a) A license under this section shall be denied, restricted, limited or suspended if an 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 § 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under § 49.857.

218.11(6m)(b)

(b) The licensor shall suspend or revoke a license if the department of revenue certifies under § 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 § 73.0301 (5)(a) but is not entitled to any other notice or hearing under this section.

218.11(7)(a)

(a) The department 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, as defined in § 218.0101 (9), 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. (6m).

218.11(7)(b)

(b) No license may be suspended or revoked except after a hearing thereon. The department 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 department, 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 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. (6m).

218.11(7)(c)

(c) 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 such licensee 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.