Wis. Admin. Code Department of Justice Jus 10.09

Current through October 28, 2024

Section Jus 10.09 - Appeal after review

(1) After receiving the written review results under s. Jus 10.08(3) (intro.) and (b), a transferee may within 10 days after being mailed those results file an appeal. The appeal shall be in writing to the administrator of the division of law enforcement services within the department.

(2) The written appeal as filed shall include a copy of the relevant written review results issued under s. Jus 10.08(3) (intro.) and (b), shall specifically identify the particular alleged error in those review results, and shall include any properly authenticated documentation required to support the appeal.

Note: Any transferee entitled to appeal under this subsection may do so by mailing an appeal to the following address: Administrator, Division of Law Enforcement Services, P.O. Box 7857, Madison, Wisconsin 53707-7857.

(3)

(a) The administrator or the administrator's designee shall examine both the relevant written review results issued under s. Jus 10.08(3) (intro.) and (b) and the written appeal with accompanying documentation as filed under subs. (1) and (2). Based on that examination and under the applicable law, the administrator or the administrator's designee shall reach a final departmental conclusion either affirming or reversing the review results issued under s. Jus 10.08(3) (b).

(b) Within 10 working days after receiving a written appeal under sub. (1), the administrator or the administrator's designee shall notify the transferee and the dealer in writing providing them a brief explanation for the departmental conclusion on appeal. In notifying the transferee and the dealer, the department shall proceed as follows:

1. If the administrator or the administrator's designee concludes that transferring a handgun to the transferee is allowed under s. 941.29, Stats., the department shall withdraw the previously issued nonapproval number and shall provide the dealer an approval number; or

2. If the administrator or the administrator's designee concludes that transferring a handgun to the transferee is prohibited by s. 941.29, Stats., the department shall notify the transferee and the dealer that the nonapproval number already issued remains in effect.

Wis. Admin. Code Department of Justice Jus 10.09

Cr. Register, November, 1991, No. 431, eff. 12-1-91.