343.33 Hearing on suspensions and revocations.
(1) Whenever the department under authority of s. 343.32 or 343.34 revokes or suspends a person's operating privilege, the department shall immediately notify such person thereof in writing and upon his or her request shall afford him or her an opportunity for a hearing on the revocation or suspension unless the department is satisfied from the records and information in its possession that a hearing is not warranted. If the department is not so satisfied and the person requests a hearing, the department shall hold a hearing as soon as practicable and in any event within 20 days after receipt of the request therefor. If the person requesting the hearing is a resident of this state, the department shall fix the place of the hearing as close as practicable to the applicant's residence and in no event shall it be set for a place not in the county of the applicant's residence or a county contiguous thereto without the consent of the applicant. If the applicant is a nonresident, the department shall determine the place of the hearing. Any person who fails without cause to appear at the time and place specified in the notice served on him or her forfeits the right to a hearing.
(2) Upon the hearing, the department or its hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
(3) Upon completion of the hearing, the department shall make findings of fact and shall either let the order of suspension or revocation stand or, upon good cause appearing therefor, rescind the order or modify the period of suspension or revocation.
History: 1977 c. 29 ss. 1460, 1654 (7) (a), (c); 1977 c. 418; 1981 c. 347 s. 80 (2); 1989 a. 72; 1993 a. 16.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 343 - Operators' licenses.
343.01 - Words and phrases defined.
343.02 - Administration of driver license law.
343.025 - Medicare acceptance of assignment; information; report.
343.027 - Confidentiality of signatures.
343.03 - Classified driver license system.
343.04 - Vehicle classifications.
343.05 - Operators to be licensed; exceptions.
343.055 - Commercial driver license waivers.
343.06 - Persons not to be licensed.
343.065 - Restricted commercial driver license.
343.075 - Instructional permits for applicants for special restricted operators' licenses.
343.08 - Restricted licenses for persons under 18 years of age.
343.085 - Probationary licenses to new drivers.
343.10 - Occupational licenses.
343.11 - Temporary license for persons previously licensed in another state.
343.12 - School bus operators to obtain special authorization.
343.125 - Endorsements for transporting certain hazardous materials.
343.135 - Special restricted operator's license.
343.14 - Application for license.
343.16 - Examination of applicants; reexamination of licensed persons.
343.165 - Processing license and identification card applications.
343.17 - Contents and issuance of operator's license.
343.175 - Organ donor information.
343.18 - License to be carried; verification of signature.
343.19 - Duplicate licenses or identification cards.
343.20 - Expiration of licenses.
343.22 - Notice of change of address or name.
343.23 - Records to be kept by the department.
343.234 - Department to furnish information to the selective service system.
343.235 - Access to license and identification card records.
343.237 - Access to license and identification card photographs and fingerprints.
343.24 - Department to furnish operating record.
343.245 - Duties of commercial motor vehicle drivers; employer responsibilities; penalties.
343.247 - Employer notification program.
343.25 - Cancellation of licenses.
343.26 - License after cancellation.
343.265 - Voluntary surrender and reissuance after surrender.
343.28 - Courts to report convictions and forward licenses to the department.
343.30 - Suspension and revocation by the courts.
343.301 - Installation of ignition interlock device.
343.303 - Preliminary breath screening test.
343.305 - Tests for intoxication; administrative suspension and court-ordered revocation.
343.307 - Prior convictions, suspensions or revocations to be counted as offenses.
343.31 - Revocation or suspension of licenses after certain convictions or declarations.
343.315 - Commercial motor vehicle disqualifications; effects.
343.32 - Other grounds for revocation or suspension of licenses; demerit points.
343.325 - Courts to report appeals; when appeal stays suspension, revocation or disqualification.
343.33 - Hearing on suspensions and revocations.
343.34 - Suspension of licenses.
343.345 - Restriction, limitation or suspension of operating privilege.
343.35 - Surrender of licenses upon cancellation, revocation or suspension.
343.37 - No operation under foreign license during revocation or suspension.
343.38 - Reinstatement after revocation, suspension, cancellation, or disqualification.
343.39 - When operating privilege automatically reinstated.
343.40 - Judicial review of suspension, revocation, cancellation or denial of license.
343.43 - Unlawful use of license.
343.435 - License not to be used as security.
343.44 - Operating while suspended, revoked, ordered out-of-service or disqualified.
343.45 - Permitting unauthorized person to drive.
343.46 - Duty of persons renting vehicles to another.
343.50 - Identification cards.
343.51 - Special identification cards for physically disabled.
343.52 - Unlawful use of special identification cards.
343.61 - Driver school requirements.
343.62 - Instructor requirements.
343.71 - Driver school records, curriculum, and operations.
343.72 - Rules for conducting driver schools; prohibited practices.