Administrative Decision Appeal

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WI Court of Appeals – District I

Case Name: Destiny Motors Corp. v. Wis. Dept. of Admin. – Division of Hearings and Appeals

Case No.: 2022AP001013

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Administrative Decision Appeal

The 2003 Wis. Act 216 amended Chapter 218 to prohibit a motor vehicle wholesaler from engaging in business as a motor vehicle dealer “without a license therefor.” WIS. STAT. § 218.0114(1). Destiny Motors Corp., Mohammad Amir, and Eric Woelbing (collectively, Destiny Motors) appeal a circuit court order affirming an order of the Wisconsin Department of Administration, Division of Hearing and Appeals (the division). The division affirmed the decision of the Wisconsin Department of Transportation (the department) to cancel the motor vehicle buyer licenses of Amir and Woelbing, who are employed by Destiny Motors Corp., a licensed motor vehicle wholesaler. The department canceled these buyer licenses after determining that Wisconsin law does not permit the issuance of buyer licenses to employees of wholesalers that do not hold a motor vehicle dealers license. Destiny Motors argues that the department’s interpretation of the relevant statute is incorrect. The appeals court rules that the department’s interpretation is correct and that the relevant statutory provisions are unambiguous.

Affirmed.

Decided 07/25/23

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