Wis. Admin. Code Department of Justice Jus 17.07

Current through November 25, 2024
Section Jus 17.07 - License revocation or suspension
(1) DEPARTMENT TO REVOKE OR SUSPEND AS REQUIRED. Upon receiving a notice about an individual pursuant to s. 175.60(11) (a)2, Stats., the department shall immediately check its computerized license records to determine if the individual who is the subject of the notice is a licensee. If the individual is found to be a licensee, the department shall determine whether revocation or suspension of the individual's license is required under s. 175.60(14) (a) or (am), Stats., and shall revoke or suspend the license as required.
(2) NOTICE OF REVOCATION OR SUSPENSION.
(a) If the department at any time revokes or suspends a license under s. 175.60(14) (a) or (am), Stats., the department, within one day, shall send to the individual written notice of the revocation or suspension. The notice shall include a statement of the reasons and factual basis for the revocation or suspension and shall be accompanied by a copy of any pertinent records supporting the revocation or suspension. The notice shall also advise the individual of the right to seek administrative review of the revocation or suspension under s. Jus 17.09 or judicial review under s. 175.60(14m), Stats. The notice shall be sent to the individual by a method of shipment that provides confirmation of delivery, including the date of delivery.
(b) Any notice of a suspension of a license pursuant to s. 175.60(14) (am), Stats., shall also include a statement that if the licensee, at any time, ceases to be subject to the prohibition underlying the suspension, the licensee may submit to the department authenticated documentation establishing that fact.
(3) RETURN OF REVOKED OR SUSPENDED LICENSE. Any notice of revocation or suspension issued by the department under sub. (2) shall instruct the individual whose license has been revoked or suspended to do one of the following within 7 days:
(a) Deliver the revoked or suspended license document to the department either personally or by certified mail.
(b) Mail to the department a signed statement indicating that the individual no longer has possession of the revoked or suspended license document and explaining the reasons why he or she no longer has possession.
(4) EFFECTIVE DATE OF REVOCATION OR SUSPENSION. Any suspension or revocation of a license under s. 175.60(14) (a) or (am), Stats., shall take effect on the date when the individual whose license has been revoked or suspended receives the notice of revocation or suspension under sub. (2).
(5) REINSTATEMENT OF SUSPENDED LICENSE. If the department receives information, pursuant to sub. (2) (b) or by other means, establishing that an individual whose license has been suspended under s. 175.60(14) (am) is no longer subject to the prohibition underlying that suspension, the department shall, within 5 business days of receiving that information, do the following in the sequence listed:
(a) Determine whether the suspended license has expired under s. 175.60(15) (a), Stats. If the suspended license has not expired, the department shall proceed under par.
(b). If the suspended license has expired, the department shall notify the individual that the suspended license cannot be reinstated unless the individual first complies with the license renewal requirements of s. 175.60(15), Stats.
(b) Conduct a background check of the individual for the purpose of determining whether reinstatement of the suspended license is prohibited under s. 175.60(3) (b), (c), (d), or (e), Stats. If reinstatement of the suspended license is not prohibited, the department shall proceed under par. (c). If reinstatement of the suspended license is prohibited, the department shall notify the individual in writing of the reason why the suspended license cannot be reinstated and shall include a copy of any background check records supporting the denial of reinstatement. Notice of a denial of reinstatement shall also advise the applicant of the right to seek administrative review under s. Jus 17.09 or judicial review under s. 175.60(14m), Stats., and shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.
(c) Reinstate the suspended license and mail to the individual written notification of that reinstatement. If the individual has previously delivered the suspended license document to the department pursuant to sub. (3) (a), the department shall also promptly return the reinstated license document to the individual by 1st class mail.
(6) REAPPLICATION FOLLOWING REVOCATION. If an individual whose concealed carry license has been properly revoked by the department pursuant to s. 175.60(14) (a), Stats., wishes to again carry a concealed weapon pursuant to s. 175.60, Stats., the individual shall apply for a new license pursuant to s. Jus 17.04 and satisfy all requirements of that section, including the payment of all applicable fees.

Wis. Admin. Code Department of Justice Jus 17.07

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