Wisconsin Administrative Code › Department of Justice › Chapter Jus 17 - Licenses To Carry Concealed Weapons › Section Jus 17.09 - Administrative review after denial, suspension, or revocation

Current through June 24, 2024
(1)
(a) After receiving written notice of denial
			 of a license application under s.
			 Jus
			 17.04(2), written notice of a license
			 revocation or suspension under s.
			 Jus
			 17.07(2), or written notice of denial
			 of reinstatement of a license under s.
			 Jus 17.07(5)
			 (b), an applicant or licensee may submit to
			 the department a written petition for administrative review of the denial,
			 revocation, or suspension decision. A petition for administrative review is
			 timely only if received by the department within 30 days after the date on
			 which the denial, revocation, or suspension decision was mailed to the
			 applicant or licensee. There is no fee for administrative review of the denial,
			 revocation, or suspension of a license.
Note: The mailing address for the department 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 authenticated copies of all supporting documentation that the applicant or
			 licensee wishes the department to consider when conducting the review.
2. If a petition for
			 administrative review alleges that the department has incorrectly determined
			 that the applicant or licensee is prohibited from possessing a firearm or
			 dangerous weapon under s.
			 175.60(3) (b),
			 (c), (d), or (e), Stats., the supporting
			 materials submitted with the petition shall include proof of the identity of
			 the applicant or licensee. Satisfactory proof of identity shall include a set
			 of rolled-ink fingerprints of the applicant or licensee prepared by a law
			 enforcement agency on a state or FBI fingerprint card. Fingerprints are not
			 required if the petition for administrative review does not allege that the
			 department has incorrectly determined that the applicant or licensee is
			 prohibited from possessing a firearm or dangerous weapon under s.
			 175.60(3) (b),
			 (c), (d), or (e), Stats.
3. If any alleged error identified in a
			 petition for administrative review is based on the existence or disposition of
			 an apparent criminal arrest or conviction, the petition shall specifically
			 identify any error in any pertinent background check records and shall be
			 accompanied by authenticated copies of any court documents establishing the
			 alleged error.
4. If a petition for
			 administrative review claims that the department has erroneously suspended a
			 license pursuant to s.
			 175.60(14)
			 (am), Stats., the supporting materials
			 submitted with the petition shall include authenticated copies of any pertinent
			 court records or other pertinent records.
5. If any alleged error identified under
			 subd. 1. is based on a claim that the applicant or licensee has received a
			 pardon or has obtained relief under s.
			 51.20(13)
			 (cv)1m, 51.45(13) (i) 2, 54.10(3) (f) 2,
			 55.12(10) (b), or 941.29, Stats., the petition shall be accompanied by
			 authenticated copies of the pardon or court documents establishing any such
			 relief.
(c)
1. 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,
			 revocation, or suspension under review; the petition for administrative review
			 and any supporting documentation submitted by the applicant or
			 licensee.
2. If in the course of a
			 review proceeding under subd. 1., the department determines that additional
			 supporting documentation is needed from the applicant or licensee, the
			 department shall send the applicant or licensee a written request for the
			 additional documentation. While any such request is pending, the time for the
			 department to complete the review proceeding under par. (d) shall be tolled and
			 shall not begin to run again until the applicant or licensee has provided the
			 requested documentation.
(d)
1. No
			 later than 30 days after receiving a petition for administrative review and
			 supporting documentation, the attorney general or the attorney general's
			 designee shall complete the review under par. (c) and shall issue a written
			 decision on behalf of the department either affirming or reversing the denial,
			 revocation, or suspension under review. The written decision shall include the
			 reasons and factual basis for the department's decision and shall advise the
			 applicant or licensee of the right to seek judicial review under s.
			 175.60(14m),
			 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 of a license application, the
			 written decision shall include notification to the applicant that any
			 non-approval number previously issued remains in effect.
3. If the written decision issued under subd.
			 1. affirms the revocation or suspension of a license, the written decision
			 shall include notification to the licensee that the previously imposed
			 revocation or suspension remains in effect.
4. If the written decision issued under subd.
			 1. reverses the denial of a license application, the department shall withdraw
			 any previously issued non-approval number and shall issue the license, assign a
			 license number to the licensee, and promptly send the license document to the
			 licensee by 1st class mail. If the department has previously received a set of
			 fingerprints from the applicant, the department shall return those fingerprints
			 to the applicant.
5. If the
			 written decision issued under subd. 1. reverses the revocation or suspension of
			 a license, the department shall reinstate the revoked or suspended license and
			 the written decision shall include notification to the licensee of such
			 reinstatement. If the licensee has previously delivered the revoked or
			 suspended license document to the department pursuant to s.
			 Jus 17.07(3)
			 (a), the department shall promptly return the
			 reinstated license document to the licensee by 1st class mail. If the
			 department has previously received a set of fingerprints from the licensee, the
			 department shall return those fingerprints to the licensee.
6. If the written decision issued under subd.
			 1. includes a finding that any pertinent background check record is erroneous
			 or incomplete, the department shall take appropriate steps to correct that
			 record.
(e) If the
			 written decision under par. (d) 1. affirms the denial, revocation, or
			 suspension of a license and the applicant or licensee does not file a timely
			 petition for judicial review under s.
			 175.60(14m),
			 Stats., the department shall return to the applicant or licensee any set of
			 fingerprints previously submitted to the department by the applicant or
			 licensee.