Section 17.09. Administrative review after denial, suspension, or revocation.

 

(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.

(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.

CR 12-030 : cr. Register May 2013 No. 689 , eff. 6-1-13.

Note

The mailing address for the department is Wisconsin Department of Justice, Attention: Firearms Unit, Post Office Box 7130, Madison, WI, 53707-7130. Microsoft Windows NT 6.1.7601 Service Pack 1