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

Current through June 24, 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.