Wisconsin Administrative Code
Department of Justice
Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers
Section Jus 18.08 - Administrative review after denial or revocation of a concealed carry certification card
Universal Citation: WI Admin Code ยง Jus 18.08
Current through August 26, 2024
(1)
(a)
After receiving written notice of denial of an application for a concealed
carry certification card under s.
Jus 18.04, written notice of a revocation of a
certification card under s.
Jus 18.06, or written notice of nonrenewal of a
certification card under s.
Jus 18.07(4) an individual may submit to
the department a written petition for administrative review of the denial,
revocation, or nonrenewal. Such a petition for administrative review is timely
only if received by the department within 30 days after the date on which the
written notice of denial or revocation was mailed to the individual by the
department.
Note: The mailing address for petitions is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130.
(b)
1. A petition for administrative review under
par. (a) shall specifically identify any alleged errors in the decision to be
reviewed and shall be accompanied by a copy of the decision to be reviewed and
by a properly authenticated copy of each supporting document that the
petitioner wishes the department to consider when conducting the review.
2. If a petition for review
challenges a finding by the department that the petitioner is prohibited by
federal law from possessing a firearm, the supporting documentation submitted
by the petitioner shall include a set of rolled-ink fingerprints of the
petitioner prepared by a law enforcement agency on a state or FBI fingerprint
card and any other satisfactory proof of the petitioner's identity.
(c) If the department receives a
timely petition for administrative review, a review proceeding shall be
conducted by the attorney general or the attorney general's designee. The
review shall be based on consideration of all items and records in the
department's possession related to the decision under review, including the
written notice of denial or revocation under review; the petition for
administrative review; and any supporting documentation submitted by the
petitioner.
(d)
1. Upon completing the review under par. (c),
the attorney general or the attorney general's designee shall issue a written
decision on behalf of the department either affirming or reversing the denial
or revocation under review. The written decision shall include the reasons and
factual basis for the department's decision and shall advise the petitioner of
the right to seek judicial review under ch. 227, Stats. The written decision
shall be sent to the applicant or licensee by a method of shipment that
provides confirmation of delivery, including the date of delivery.
2. If the written decision issued under subd.
1. affirms the denial or revocation of a certification card, the written
decision shall include notification to the petitioner that the previously
imposed denial or revocation, including any non-approval number, remains in
effect.
3. If the written decision
issued under subd. 1. reverses the denial of an application for a certification
card, the department shall withdraw any previously issued non-approval number
and shall issue a certification card to the petitioner, assign a certification
card number, and promptly send the certification card to the petitioner by 1st
class mail. If the department has previously received a set of fingerprints
from the petitioner, the department shall return those fingerprints to the
petitioner.
4. If the written
decision issued under subd. 1. reverses the revocation of a certification card,
the department shall reinstate the revoked certification and the written
decision shall include notification to the petitioner of such reinstatement. If
the petitioner has previously delivered the revoked certification card to the
department pursuant to s.
Jus 18.06(2) (a), the department shall
promptly return the reinstated certification card to the petitioner by 1st
class mail. If the department has previously received a set of fingerprints
from the petitioner, the department shall return those fingerprints to the
petitioner.
(e) If the
written decision under par. (d) 1. affirms the denial or revocation of a
certification card and the petitioner does not file a timely petition for
judicial review under s.
227.53,
Stats., the department shall return to the petitioner any set of fingerprints
previously submitted to the department by the petitioner.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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