Section 18.08. Administrative review after denial or revocation of a concealed carry certification card.

 

(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.

(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.

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

Note

The mailing address for petitions 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