reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.09 - Contested case hearing

Current through June 24, 2024
(1) PETITION FOR HEARING. The applicant may
				petition the department for a contested case hearing to review the decision of
				the department.
(a) The applicant filing a
				petition for hearing shall be designated as "petitioner." The department of
				justice shall be designated as "respondent."
(b) The petition for hearing shall request
				that a hearing be granted in the particular case and clearly state the
				particular finding or findings of the department which applicant claims are in
				error.
(c) The applicant shall file
				with the department the written request for a contested case hearing within 30
				days of the date of the written decision of the department. The time during
				which the applicant may request a contested case hearing to review the decision
				of the department shall begin with the date of mailing of the
				decision.
(d) The department shall
				either grant or deny the request for a contested case hearing by mailing to the
				petitioner an order granting or denying the request. If a hearing is not
				granted within 60 days of receipt of the request for a contested case hearing,
				the request shall be deemed denied.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.10 - Review by attorney general

Current through June 24, 2024
(1) PETITION FOR
				REVIEW. After entry of a decision of the hearing examiner, any party who is
				adversely affected by that decision may submit a written petition for review by
				the attorney general of the record upon which that decision was based.
(a) The petition for review shall be served
				upon the attorney general and upon all other parties to the action, either
				personally or by certified mail, within ten days of the entry of the decision
				of the hearing examiner.
(b) The
				petition shall specify in detail the grounds for the review, the relief which
				the petitioner seeks and citation to any supporting authorities.
(c) Papers and petitions under this section
				shall be served in person or by mail and shall be addressed: Attorney General,
				114 East State Capitol, Madison, WI 53702.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.11 - Duties of a law enforcement agency

Current through June 24, 2024
(1) PROVIDE FORMS.
				The department shall prescribe application forms for awards under this
				subchapter and may furnish law enforcement agencies with the forms. The law
				enforcement agency investigating a crime shall provide information as provided
				under s.
				950.08(2g)
				(b), Stats.
Note:
A copy of the application form may be
				  obtained from the Wisconsin department of justice at no
				  charge.
(2) PROVIDE
				INFORMATION. Upon request by the department, any state or local agency,
				including a district attorney or law enforcement agency, shall make available
				all reports, files and other appropriate information which the department
				requests in order to make a determination that a person is eligible for an
				award under this subchapter.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.12 - Attorney fees

Current through June 24, 2024
(1) AMOUNT OF FEES. The department shall
				determine and allow reasonable attorney fees, commensurate with legal services
				rendered, which shall be paid directly to an attorney representing the
				claimant.
(a) Attorney fees may not exceed
				10% of the amount the attorney assisted the applicant in obtaining.
(b) Attorney fees shall be paid out of, not
				in addition to, the amount awarded to the claimant.
(c) Where there is no dispute of the
				department's determination of the amount of the award due to the claimant, and
				where no contested case hearing is held, the attorney fee shall be the lesser
				of 10% of the amount the attorney assisted the claimant in obtaining or
				$100.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter I - Crime Victim Compensation › Section Jus 11.13 - Recovery

Current through June 24, 2024
(1) DEPARTMENT SUBROGATION. Whenever an order
				for the payment of an award for personal injury or death is or has been made
				under this chapter, the department is subrogated to the cause of action of the
				claimant against the person responsible for the injury or death and may bring
				an action against the person for the amount of the damages sustained by the
				claimant. The department is also subrogated to the cause of action of the
				claimant against one or more 3rd parties liable for the acts of the person
				responsible for the injury or death. If an amount greater than that paid under
				the award order is recovered and collected in any such action, the department
				shall pay the balance to the claimant. If the person responsible for the injury
				or death has previously made restitution payments to the general fund under s.
				973.20, Stats., any
				judgment obtained by the department under this section shall be reduced by the
				amount of the restitution payments to the general fund.
(2) CLAIMANT ACTION. In addition to the
				authority of the department to bring an action under sub. (1), the claimant may
				bring an action to recover damages. In any such action, the department has
				subrogation rights under this section and the claimant shall join the
				department as a party under s.
				803.03(2)
				(a), Stats. After joinder, the department has
				the options specified in s.
				803.03(2)
				(b), Stats.
(3) JUDGMENT ALLOCATED. If a judgment or
				verdict in an action under sub. (1) or (2) indicates separately economic loss
				and noneconomic detriment, payments on the judgment shall be allocated between
				them in proportion to the amounts indicated. In such an action, the judge, on
				timely motion, shall direct the jury to return a special verdict, indicating
				separately the awards for noneconomic detriment, punitive damages and economic
				loss.
(4) CIVIL ACTION NOT
				NECESSARY. In order to receive compensation under ch. 949, Stats., it is not
				necessary that an applicant first bring an action against the offender. If such
				an action is brought, and the applicant is successful, the proceeds of the
				action are subject to the provisions of this chapter. The department shall
				notify the claimant of the requirements of this paragraph at the time the
				department makes an award to the claimant.
(5) APPLICANT RESPONSIBILITY. If a claimant
				receives from any source or third party any payment for damages, injuries or
				economic loss for which the applicant has been previously compensated under ch.
				949, Stats., and this chapter the applicant shall:
(a) Immediately notify the
				department.
(b) Within 30 days,
				reimburse the department, to the extent of the payment received, the amount
				previously awarded the applicant under ch. 949, Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter II - Sexual Assault Forensic Examination Compensation › Section Jus 11.14 - Description of the program

Current through June 24, 2024
(1) AUTHORITY AND
				PURPOSE. This subchapter is promulgated under s.
				949.22, Stats.,
				for the purpose of administering the awards of compensation to health care
				providers who perform sexual assault forensic examinations and providing
				procedures to ensure any limitation of an award is calculated in a fair and
				equitable manner.
(2)
				APPLICABILITY. This subchapter applies to all applications for an award to
				cover the costs of performing a sexual assault forensic examination.
(3) ADMINISTRATION. This subchapter shall be
				administered by the director appointed by the attorney general to administer
				ch. 949, Stats.
(4) SERVICE AND
				FILING. Papers an required to be filed with the department of justice shall be
				filed either in person or by mail and shall be addressed: Wisconsin Department
				of Justice, Office of Crime Victim Services, 17 West Main Street, Post Office
				Box 7951, Madison, WI 53707-7951. The papers are deemed filed when received by
				the department.
(5) DEFINITIONS. In
				this subchapter:
(a) "Department" has the
				meaning specified in s.
				949.20(2),
				Stats.
(b) "Sex offense" has the
				meaning specified in s.
				949.20(7),
				Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter II - Sexual Assault Forensic Examination Compensation › Section Jus 11.15 - Eligibility for an award

Current through June 24, 2024
(1) INCORPORATION
				OF SUBCHAPTER II OF CH. 949, STATS. The health care provider must follow all
				requirements of subch. II of ch. 949, Stats.
(2) EXAMINATION SERVICES FOR WHICH COSTS ARE COVERED. A health
				care provider is eligible to be paid an award for all of the following
				services:
(a) Collection of the victim's
				medical history.
(b) Collection of
				a forensic history of the events of the assault.
(c) Physical examination of the victim for evidence of the
				assault.
(d) Photographs of the
				physical evidence of the sex offense, if the health care provider conducting
				the examination has been trained to take photographs for use as
				evidence.
(e) Evaluation, testing,
				and prophylaxis for sexually transmitted diseases.
(f) Evaluation of the risk of
				pregnancy.
(g) Collection of blood
				and urine using the collection kit provided by law
				enforcement.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 11 - Awards For Victims Of Crime › Subchapter II - Sexual Assault Forensic Examination Compensation › Section Jus 11.16 - Procedures for payment of awards of examination costs

Current through June 24, 2024
(1) ITEMIZED BILL. A
				health care provider seeking an award for examination costs shall provide an
				itemized bill to the department with individual charges listed for each service
				for which reimbursement is sought. Only one itemized bill shall be submitted
				for each examination. The health care provider shall also indicate the amount
				sought for all of the following categories of examination costs:
(a) Services of the provider.
(b) Facilities used for the
				examination.
(c) Any other
				expenses.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 12 - Crime Victim And Witness Assistance Program › Section Jus 12.01 - Description of the program

Current through June 24, 2024
(1) AUTHORITY AND
			 PURPOSE. This chapter is promulgated pursuant to s.
			 950.06(5),
			 Stats., for the purpose of administering the victim and witness assistance
			 program.
(2) APPLICABILITY. This
			 chapter applies to all county crime victim and witness assistance programs
			 under ss.
			 950.055
			 and
			 950.06,
			 Stats.
(3) ADMINISTRATION.
(a) Chapter 950, Stats., and this chapter
			 shall be administered by a director appointed by the attorney
			 general.
(b) The office of crime
			 victim services in the department shall review and approve plans submitted by
			 counties, provide reimbursement to counties in accordance with this chapter,
			 and provide technical assistance to counties.
(c) The county board or its designee in each
			 county shall administer the program plan submitted under s.
			 Jus
			 12.02.
Note:
Correspondence required by this chapter
				shall be addressed to Wisconsin Department of Justice, Office of Crime Victim
				Services, 17 West Main Street, Post Office Box 7951, Madison, WI
				53707-7951.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 12 - Crime Victim And Witness Assistance Program › Section Jus 12.02 - Program plan

Current through June 24, 2024
(1) SUBMISSION, REVIEW AND APPROVAL.
(a) If a county intends to claim
			 reimbursement for the costs of providing services under this chapter, the
			 county shall submit a program plan to the department for its approval prior to
			 the beginning of the program. Two or more counties may submit a joint
			 plan.
(b) The department may
			 require the submission of an updated plan in whole or in part.
(c) Programs shall operate according to the
			 approved program plan unless a plan revision is approved by the department
			 under sub. (3).
Wisconsin Administrative Code › Department of Justice › Chapter Jus 12 - Crime Victim And Witness Assistance Program › Section Jus 12.03 - Financial requirements

Current through June 24, 2024
(1) REIMBURSEMENT RATE. A county with a plan
			 approved by the department is eligible to receive reimbursement for not more
			 than 90% of the county's cost as approved by the department. If the
			 reimbursement requests exceed the appropriations, the department may reduce the
			 reimbursement to each county in an equal percentage.
(2) REIMBURSEMENT FREQUENCY. The department
			 shall reimburse counties on a semiannual basis for the purposes of this
			 chapter.
(3) REIMBURSEMENT CLAIM
			 SUBMISSION. The county shall submit the completed claim form to the department
			 within a reasonable period of time after January 1st and July 1st of each
			 year.
(4) REIMBURSEMENT CLAIM
			 REVIEW. The department shall review reimbursement claims for compliance with
			 this chapter and the approved county plan.
(5) TERMINATION OF REIMBURSEMENT. The
			 department may terminate or suspend reimbursement if it finds a substantial
			 failure by a county to comply with the approved plan and laws and regulations
			 affecting the program.
(6)
			 ACCOUNTING PRACTICES. Counties shall maintain an accounting system which
			 discloses the amount and disposition of all reimbursed funds. Generally
			 accepted accounting practices shall be followed.
(7) EXPENDITURE OF FUNDS. County records
			 shall show expenditure of funds by source. All ledger account entries shall be
			 supported by secondary or intermediate records and the original source
			 documentation.
(8) TIME AND EFFORT
			 RECORDS. Counties shall keep time and effort records for each county employee
			 providing direct services and support services under this chapter. Time and
			 effort records include hours worked and brief description of work
			 done.
(9) ACCESSIBILITY OF RECORDS.
			 All record books, documents, and records related to the program shall be
			 accessible to the department for inspection and audit upon reasonable
			 notice.
(10) RETENTION OF RECORDS.
			 All records shall be retained for at least 3 years. Records for property shall
			 be kept for 3 years after the property's final disposition.
(11) AUDIT.
(a) A county shall include the victim and
			 witness assistance program in its annual audit.
(b) If an audit shows discrepancies,
			 adjustments may be made in future reimbursement payments. A copy of all audit
			 discrepancies shall be forwarded to the department as soon as
			 possible.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 12 - Crime Victim And Witness Assistance Program › Section Jus 12.04 - Intergovernmental cooperation

Current through June 24, 2024
(1) PURPOSE. The
			 county board, district attorney, law enforcement agencies, clerks of courts,
			 correctional agencies, and social service agencies shall cooperate with each
			 other and assist in carrying out the purposes of this chapter to ensure that
			 victims and witnesses of crimes receive the rights and services to which they
			 are entitled.
(2) AVAILABILITY OF
			 REPORTS AND FILES. The district attorney, law enforcement agencies,
			 correctional agencies, state agencies, and the courts shall make available to
			 the person or agency responsible for administering the program all reports and
			 files, except reports and files which are required by statute to be kept
			 confidential, if the reports or files are required by the person or agency to
			 carry out program responsibilities under s.
			 950.07,
			 Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 16 - Enforcement of tobacco master settlement agreement › Section Jus 16.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Directory" means the directory of compliant tobacco product manufacturers and
			 brands, as provided for by s.
			 995.12(2)
			 (b), Stats.
(2) "Quarter" means January 1 through March
			 31; April 1 through June 30; July 1 through September 30; and October 1 through
			 December 31.
(3) "Tobacco product
			 manufacturer" has the meaning given in s.
			 995.10(1)
			 (i), Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 16 - Enforcement of tobacco master settlement agreement › Section Jus 16.03 - Quarterly escrow deposits

Current through June 24, 2024
(1) The attorney
			 general may require all nonparticipating manufacturers to make the escrow
			 payments required by s.
			 995.10(2),
			 Stats., in quarterly installments. Factors that the attorney general may use in
			 deciding whether to exempt a nonparticipating manufacturer from quarterly
			 escrow payments include:
(a)
Established history of compliant escrow deposit.
Nonparticipating manufacturers that have an established history of fully and
			 timely funding a qualified escrow fund in Wisconsin, including for sales in the
			 calendar year immediately prior to the current sales year.
(b)
No outstanding
			 judgments.
Nonparticipating manufacturers that have no outstanding
			 unpaid judgments, including any civil penalty.
(c)
Limited sales volume.
Nonparticipating manufacturers that have fewer than 1,000,000 of their
			 cigarettes sold in Wisconsin during a quarter.
(d)
Other considerations.
The attorney general may also consider other facts reasonably suggesting that
			 the nonparticipating manufacturer may not make its full required escrow deposit
			 by April 15 of the year following the year in which the cigarettes sales were
			 made.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 16 - Enforcement of tobacco master settlement agreement › Section Jus 16.04 - Directory

Current through June 24, 2024
(1)
(a)
			 Except as provided in this section, the attorney general shall maintain and
			 publish a directory that lists all tobacco product manufacturers that have
			 provided current and accurate certifications conforming to the requirements of
			 s.
			 995.12(2)
			 (a), Stats., and all brand families that are
			 listed in such certifications.
(b)
			 In determining what constitutes a complying certification, the attorney general
			 may require the tobacco product manufacturer to provide such information and
			 supporting documentation, including samples of the product sought to be
			 certified, as the attorney general deems necessary. The attorney general may
			 require the certification to be signed by an owner, officer, partner or
			 director of the tobacco product manufacturer.
(c) The attorney general shall update the
			 directory as necessary in order to correct mistakes and to add or remove a
			 tobacco product manufacturer or brand families to keep the directory in
			 conformity with the requirements of this chapter and s.
			 995.12,
			 Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 16 - Enforcement of tobacco master settlement agreement › Section Jus 16.05 - Notification of inclusion in and exclusion from directory

Current through June 24, 2024
(1) If a tobacco
			 product manufacturer has applied for inclusion in the directory, and the
			 attorney general determines that it is in compliance with s.
			 995.12,
			 Stats., the attorney general shall notify the tobacco product manufacturer by
			 mail of the compliance and of the fact that the manufacturer will be added to
			 the directory. The notice shall indicate each brand family of the tobacco
			 product manufacturer that the attorney general has determined will be added to
			 the directory.
(2) The attorney
			 general shall notify by certified mail the tobacco product manufacturer's agent
			 for service of process of any decision not to include in or to remove from the
			 directory the tobacco product manufacturer, a brand family of the tobacco
			 product manufacturer, or both. Notices of a removal from the directory shall be
			 sent electronically 10 days prior to the attorney general's removing the
			 tobacco product manufacturer or its brand family or both.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish standards and
				procedures, as required under s.
				175.60,
				Stats., for the issuance and administration of licenses authorizing persons to
				carry concealed weapons, the review of licensing decisions by the department,
				the recognition by Wisconsin of concealed carry licenses issued by other
				states, and the certification of firearms safety and training
				instructors.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.02 - Applicability

Current through June 24, 2024
(1) Except as provided in sub. (2), this
			 chapter applies to the issuance and administration of all licenses to carry
			 concealed weapons issued by the department pursuant to s.
			 175.60,
			 Stats.
(2) This chapter does not
			 apply to any of the following:
(a)
			 Certification of former law enforcement officers to carry concealed weapons
			 pursuant to s.
			 175.49(2),
			 Stats.
(b) Certification of former
			 federal law enforcement officers to carry concealed weapons pursuant to s.
			 175.49(3),
			 Stats.
(c) The carrying of
			 concealed weapons by active law enforcement officers pursuant to
			 18 USC 926
			 B.
(d) The carrying of concealed
			 weapons by law enforcement officers acting in their official
			 capacity.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.04 - Application procedures for concealed weapon licenses

Current through June 24, 2024
(1) PROCESSING OF
			 APPLICATION. When the department receives an application for a license to carry
			 concealed weapons under s.
			 175.60(7),
			 Stats., the department shall do the following in the sequence listed:
(a) Review the application for completeness.
			 An application is complete when the department has received all of the items
			 listed in s.
			 175.60(7) (a)
			 to (e), Stats.:
1. A completed version of the application
			 form prescribed by the department pursuant to s.
			 175.60(5)
			 (a), Stats.
2. A statement that the information submitted
			 in the application and any supporting documents are true and complete to the
			 best of the applicant's knowledge.
3. The license replacement, or renewal fee
			 prescribed in s.
			 Jus 17.12(1) or
			 (3).
4. The background check fee prescribed in s.
			 Jus
			 17.12(2).
5. Proof of training, as provided in s.
			 Jus
			 17.05.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.06 - Firearms instructors certified by the department

Current through June 24, 2024
(1) An individual
			 shall be certified by the department as a firearms instructor for purposes of
			 s.
			 175.60(4)
			 (b)1, Stats., if the individual is certified
			 as a law enforcement firearms instructor by the law enforcement standards board
			 and the individual is eligible to carry a concealed weapon under s.
			 175.60(3),
			 Stats. The individual's certification by the department under s.
			 175.60(4)
			 (b)1, Stats., shall be in effect only when
			 the individual's certification by the law enforcement standards board is in
			 effect. Renewal of an individual's instructor certification by the law
			 enforcement standards board shall automatically renew the individual's
			 certification under this section.
(2) If a firearms instructor certified by the
			 department under sub. (1) at any time becomes ineligible to carry a concealed
			 weapon under s.
			 175.60(3),
			 Stats., the instructor shall, within 48 hours, notify the department's training
			 and standards bureau of the circumstances giving rise to the ineligibility. The
			 training and standards bureau shall immediately suspend the instructor's
			 certification under sub. (1) and shall provide notice of that suspension to the
			 department's crime information bureau. The suspension shall remain in effect
			 for as long as the individual remains ineligible to carry a concealed weapon
			 under s.
			 175.60(3),
			 Stats.
(3)
(a) A firearms instructor certified by the
			 department under sub. (1), when teaching a firearms safety or training course
			 under the authority of that certification, shall use the training curriculum
			 provided by the department pursuant to s.
			 Jus
			 17.05(4) and a training certificate
			 in a form approved and supplied by the department.
(b) If the department determines that a
			 firearms instructor certified by the department under sub. (1) has not
			 satisfied the requirements of par. (a) or sub. (2), the department may revoke
			 the instructor's certification under sub. (1). The department shall send the
			 instructor written notification of any such revocation and shall afford the
			 instructor the opportunity to request a hearing pursuant to s.
			 227.42,
			 Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.07 - License revocation or suspension

Current through June 24, 2024
(1) DEPARTMENT TO
			 REVOKE OR SUSPEND AS REQUIRED. Upon receiving a notice about an individual
			 pursuant to s.
			 175.60(11)
			 (a)2, Stats., the department shall
			 immediately check its computerized license records to determine if the
			 individual who is the subject of the notice is a licensee. If the individual is
			 found to be a licensee, the department shall determine whether revocation or
			 suspension of the individual's license is required under s.
			 175.60(14) (a)
			 or (am), Stats., and shall revoke or suspend
			 the license as required.
(2) NOTICE
			 OF REVOCATION OR SUSPENSION.
(a) If the
			 department at any time revokes or suspends a license under s.
			 175.60(14) (a)
			 or (am), Stats., the department, within one
			 day, shall send to the individual written notice of the revocation or
			 suspension. The notice shall include a statement of the reasons and factual
			 basis for the revocation or suspension and shall be accompanied by a copy of
			 any pertinent records supporting the revocation or suspension. The notice shall
			 also advise the individual of the right to seek administrative review of the
			 revocation or suspension under s.
			 Jus
			 17.09 or judicial review under s.
			 175.60(14m),
			 Stats. The notice shall be sent to the individual by a method of shipment that
			 provides confirmation of delivery, including the date of delivery.
(b) Any notice of a suspension of a license
			 pursuant to s.
			 175.60(14)
			 (am), Stats., shall also include a statement
			 that if the licensee, at any time, ceases to be subject to the prohibition
			 underlying the suspension, the licensee may submit to the department
			 authenticated documentation establishing that fact.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.10 - Emergency Licenses

Current through June 24, 2024
(1) If a court that is considering a petition
			 for an emergency concealed carry license pursuant to s.
			 175.60(9r),
			 Stats., or a court that has issued such an emergency license asks the
			 department to conduct a background check for the purpose of determining whether
			 s.
			 175.60(3) (b),
			 (c), (d), or (e), Stats., applies to the
			 person requesting or holding the emergency license, the department shall
			 conduct the background check as soon as reasonably practicable and shall report
			 the results to the requesting court.
(2) Any information that the department
			 receives from a court regarding the issuance or revocation of an emergency
			 concealed carry license under s.
			 175.60(9r),
			 Stats., shall be entered by the department into its computerized license
			 records and shall be available to law enforcement as provided in s.
			 175.60(12) and
			 (12g), Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.11 - Documentation

Current through June 24, 2024
(1) The department shall create and keep the
			 following items related to the issuance and administration of concealed carry
			 licenses under s.
			 175.60,
			 Stats., the review of licensing decisions by the department, and the
			 certification of firearms safety and training instructors:
(a) All of the information submitted to the
			 department by applicants pursuant to s.
			 175.60(7),
			 Stats., and notes related to that information.
(b) A log of each rejected application
			 including the reasons for rejection and a count of the number of rejected
			 applications.
(c) The confirmation
			 number for each applicant.
(d) The
			 approval or non-approval number for each applicant on whom the department has
			 conducted a background check.
(e)
			 The license number for each licensee to whom the department has issued a
			 concealed carry license.
(f) A log
			 of each record search of the department's computerized license records,
			 including the date or dates of the search and any confirmation number, license
			 number, or approval or non-approval number associated with the
			 search.
(g) Documentation
			 concerning the cost to the department of issuing concealed carry licenses under
			 s.
			 175.60,
			 Stats., and this chapter.
(h) All
			 records that the department is required to keep by applicable state or federal
			 laws.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.12 - Fees

Current through June 24, 2024
(1) LICENSE FEE. The license fee charged by
			 the department pursuant to s.
			 175.60(7)
			 (c), Stats., shall be $30.
(2) BACKGROUND CHECK FEE. The fee for any
			 background check conducted by the department pursuant to s.
			 Jus
			 17.04(1) (f) or
			 17.07(5) (b) shall be
			 $13.
(3) REPLACEMENT OR RENEWAL
			 FEE. The fee charged by the department for replacing a lost or destroyed
			 license pursuant to s.
			 175.60(13),
			 Stats., or for renewing a license pursuant to s.
			 175.60(15) (b)
			 4 a., Stats., shall be $12.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.13 - Recognition of out-of-state licenses

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(a) "Concealed carry license"
			 means a current, valid permit, license, approval, or other authorization to
			 carry a concealed weapon that is issued by a state other than
			 Wisconsin.
(b) "Out-of-state
			 license" has the meaning given in s.
			 175.60(1)
			 (f), Stats.
(c) "State" has the meaning given in s.
			 990.01(40),
			 Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish standards and
				procedures for the issuance and administration of concealed carry certification
				cards to qualified former federal law enforcement officers pursuant to s.
				175.49(3),
				Stats., and the review of certification decisions by the
				department.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.02 - Applicability

Current through June 24, 2024
(1) Except as provided in sub. (2), this
			 chapter applies to the issuance and administration of all concealed carry
			 certification cards issued by the department to former federal law enforcement
			 officers pursuant to s.
			 175.49(3),
			 Stats.
(2) This chapter does not
			 apply to any of the following:
(a) Issuance or
			 administration of a license to carry concealed weapons pursuant to s.
			 175.60,
			 Stats.
(b) Certification of former
			 state or local law enforcement officers to carry concealed weapons pursuant to
			 s.
			 175.49(2),
			 Stats.
(c) The carrying of
			 concealed weapons by active law enforcement officers pursuant to
			 18 USC 926
			 B.
(d) The carrying of concealed
			 weapons by law enforcement officers acting in their official
			 capacity.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Applicant" means an individual who does not currently hold a concealed carry
			 certification card valid in Wisconsin and is applying for a concealed carry
			 certification card pursuant to s.
			 175.49(3),
			 Stats., but is not applying for renewal pursuant s.
			 175.49(5),
			 Stats., or for replacement.
(2)
			 "Approval number" means the unique number the department assigns to an
			 applicant when a completed background check on the applicant indicates that the
			 applicant is not prohibited under federal law from possessing a
			 firearm.
(3) "Background check"
			 means the review of an applicant's record conducted by the department pursuant
			 to s.
			 175.49(3)
			 (b)4, Stats., for the purpose of determining
			 whether the applicant is prohibited under federal law from possessing a
			 firearm.
(4) "Certification card
			 number" means the unique identification number the department assigns to a
			 certification card issued under s.
			 175.49(3),
			 Stats.
(5) "Confirmation number"
			 means the unique number the department issues to identify every accepted
			 application for a concealed carry certification card pursuant to s.
			 175.49(3),
			 Stats.
(6) "Department" means the
			 Wisconsin department of justice.
(7) "FBI" means the federal bureau of
			 investigation.
(8) "Non-approval
			 number" means the unique number the department assigns to an applicant when a
			 completed background check on the applicant indicates that the applicant is
			 prohibited under federal law from possessing a firearm.
(10) "Weapon" has the meaning given in s.
			 175.60(1)
			 (j), Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.04 - Application procedures for concealed carry certification cards

Current through June 24, 2024
(1) When the
			 department receives an application for a concealed carry certification card for
			 a former federal law enforcement officer pursuant to s.
			 175.49(3),
			 Stats., the department shall do the following in the sequence listed:
(a)
1.
			 Review the application for completeness. An application is complete when the
			 department has received the following:
a. A
			 signed and fully completed application form, DJ-LE-286.
Note: Form DJ-LE-286 is available on the department's Internet
				site:
www.doj.state.wi.us
.
b. Acceptable proof of firearms
			 qualification, as provided in s.
			 Jus
			 18.05.
c.
			 The application fee required under s.
			 Jus
			 18.10.
d.
			 A current photograph meeting the content and format requirements set forth in
			 the instructions of the application form, DJ-LE-286.
e. A written statement from the federal law
			 enforcement agency from which the applicant separated from service affirming
			 that the applicant meets the requirements of s.
			 175.49(3)
			 (b)1, 2., and 3., Stats. The department shall
			 prepare and make available on its Internet site a statement form that may be
			 used for this purpose.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.05 - Proof of firearms qualification

Current through June 24, 2024
Acceptable proof that an applicant has satisfied the firearms
				qualification requirement of s.
				175.49(3)
				(b)5, Stats., shall consist of a certificate
				that is signed by a law enforcement firearms instructor who is certified by the
				law enforcement standards board. The certificate shall be in a form approved
				and supplied by the department and shall contain all of the following:
(1) The applicant's name.
(2) The full name, address, and telephone
			 number of the certified law enforcement firearms instructor.
(3) An affirmation by the certified law
			 enforcement firearms instructor that he or she has found the applicant to meet
			 the qualification standards established by the state of Wisconsin or by an
			 identified law enforcement agency in Wisconsin for an active law enforcement
			 officer to carry a firearm of the type specified in the application form
			 submitted by the applicant under s.
			 Jus
			 18.04.
(4)
			 The date on which the finding under sub. (3) was made.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.06 - Revocation of a concealed carry certification card

Current through June 24, 2024
(1) If the
			 department at any time obtains information establishing that an individual who
			 holds a concealed carry certification card under this chapter is prohibited by
			 federal law from possessing a firearm, the department shall revoke the
			 certification card and shall send the individual written notice of revocation.
			 The notice shall include a statement of the reasons and factual basis for the
			 revocation and shall be accompanied by a copy of any pertinent records
			 supporting the revocation. The notice shall also advise the individual of the
			 right to seek administrative review of the revocation pursuant to s.
			 Jus
			 18.08.
(2)
			 Any notice of revocation issued by the department under sub. (1) shall instruct
			 the individual whose certification card has been revoked to do one of the
			 following within 7 days:
(a) Deliver the
			 revoked certification card to the department either personally or by certified
			 mail.
(b) Mail to the department a
			 dated and signed statement indicating that the individual no longer has
			 possession of the revoked certification card and explaining the reasons why he
			 or she no longer has possession.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.09 - Documentation

Current through June 24, 2024
(1) The department shall create and keep the
			 following items related to the issuance and administration of concealed carry
			 certification cards pursuant to s.
			 175.49(3)
			 and (4), Stats., and the review of
			 certification decisions by the department:
(a)
			 All of the information submitted to the department by applicants pursuant to s.
			 Jus
			 18.04 and notes related to that information.
(b) A log of each rejected application
			 including the reasons for rejection and a count of the number of rejected
			 applications.
(c) The confirmation
			 number for each applicant.
(d) The
			 approval or non-approval number for each applicant on whom the department has
			 conducted a background check.
(e)
			 The certification card number for each certification card issued by the
			 department.
(f) A log of each
			 record search of the department's computerized records related to concealed
			 carry certifications, including the date or dates of the search and any
			 confirmation number, certification card number, or approval or non-approval
			 number associated with the search.
(g) Documentation concerning the cost to the
			 department of issuing certification cards under s.
			 175.49,
			 Stats., and this chapter.
(h) All
			 records that the department is required to keep by applicable state or federal
			 laws.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 18 - Certification of Former Federal Law Enforcement Officers › Section Jus 18.10 - Fees

Current through June 24, 2024
(1) APPLICATION FEE.
(a) The certification card application fee
			 charged by the department pursuant to s.
			 Jus
			 18.04(1) (a) 1. c. shall be
			 $12.
(b) The department shall
			 annually review the cost of issuing certification cards under s.
			 175.49,
			 Stats., and this chapter. If the cost of issuing a certification card is less
			 than the current application fee, the department shall reduce the application
			 fee to equal the cost of issuing a certification card.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish, as required by s.
				165.957(3),
				Stats., standards, timelines, and procedures for a frequent sobriety testing
				pilot program in the state of Wisconsin, and to effectuate the purpose of s.
				165.957,
				Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.04 - Program participation and enrollment

Current through June 24, 2024
(1) Before
			 commencing participation in the program, a participant shall sign a written
			 participation agreement with the agency using a form approved by the
			 department. The agreement shall include the initial duration of the person's
			 participation in the program as ordered by the court or department of
			 corrections, or provided in a deferred prosecution agreement, and shall include
			 all of the following:
(a) The type and
			 frequency of testing.
(b) The
			 location of the testing site.
(c)
			 Fee schedule, listing fee types enumerated in s. Jus 19.12(1) (a) and amount of
			 each fee.
(d) Payment procedures,
			 including time within which each type of fee shall be paid.
(e) The participant's obligations and
			 responsibilities.
(f) Potential
			 sanctions for the participant's noncompliance, up to and including termination,
			 as determined by the agency.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.05 - Agency agreement with the department

Current through June 24, 2024
(1) Each agency
			 participating in the program shall sign a written agreement with the department
			 outlining the respective responsibilities of the agency and the
			 department.
(2) By signing the
			 agreement, the agency agrees to abide by this chapter and any other guidelines
			 and procedures established by the department for the administration of the
			 program.
(3) The agreement shall
			 require the agency to provide an accounting to the department of all fees,
			 costs, and other payments collected from participants, in a manner directed by
			 the department.
(4) The agreement
			 shall list the data collection and reporting requirements outlined in s. Jus
			 19.13 and s. 165.957(6),
			 Stats.
(5) The agreement shall
			 direct the agency to remit to the department a portion of all program fee
			 amounts collected from its participants. The department shall use these
			 payments to recoup its expenditures for administering the program and
			 installing, maintaining, and administering the data collection system. The
			 department shall return to the agency any fees paid under the agreement not
			 used to support the program.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.06 - Conditions of bond or pretrial release

Current through June 24, 2024
The court may require a defendant to participate in the
				program as a condition of bond or pretrial release if any of the following
				apply:
(1) The defendant has 2 or more
			 OWI convictions and is currently charged with a non-OWI offense.
(2) The defendant is charged with a 3rd or
			 subsequent OWI offense.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.07 - Conditions of deferred prosecution

Current through June 24, 2024
A district attorney may require a defendant to participate in
				the program as a condition of a deferred prosecution agreement if the defendant
				has 2 or more OWI convictions and the deferred prosecution agreement is based
				on a non-OWI offense.
Under s.
				  967.055(3),
				  Stats., a prosecutor may not place a person in a deferred prosecution program
				  if the person is accused of or charged with an OWI offense. Neither s.
				  165.957, Stats., nor this rule
				  allow the use of deferred prosecution agreements in OWI
				  cases.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.08 - Conditions post-conviction

Current through June 24, 2024
The court or department of corrections may order a defendant
				convicted of an offense to participate in the program as a condition of
				probation, parole, or extended supervision if any of the following
				applies:
(1) The defendant is being or
			 has been sentenced for a 2nd or subsequent OWI offense.
(2) The defendant has 2 or more OWI
			 convictions and is being or has been sentenced for a non-OWI offense.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.09 - Volunteers

Current through June 24, 2024
A defendant with 2 or more OWI convictions may voluntarily
				participate in the program. A voluntary participant shall agree to abstain from
				alcohol and controlled substances while released on bond, on release under s.
				969.01(1),
				Stats., on probation, while participating in a deferred prosecution agreement,
				or on parole or extended supervision. Volunteers shall adhere to all program
				requirements.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.10 - Testing

Current through June 24, 2024
(1) Testing may include any combination of
			 breath testing, drug patch testing, blood testing, urinalysis, or transdermal
			 alcohol monitoring, provided that the method selected supports either
			 continuous monitoring or twice-a-day testing. Other testing methods or
			 schedules may be used if approved by the agency and the department. The testing
			 methods at each testing site shall be determined by the agency in collaboration
			 with the department.
(2) An
			 ignition interlock device, as defined in s.
			 340.01(23v),
			 Stats., is not an acceptable testing method for the program.
(3) The agency shall provide the testing
			 equipment and may enter into a contract with a private vendor to obtain the
			 equipment needed to carry out the program.