Madison, WI 53708-8933
SECTION 1. Tax 1.18 is created to read:
Tax 1.18 Permit Predetermination. (1) Scope. This section describes the procedures for an individual to obtain a predetermination of whether he or she is eligible to apply for and obtain a permit under Chapter 125 and 139 due to his or her conviction record. (2) Application for predetermination. (a) An individual shall submit Form AB-790, Application for Permit Predetermination, to the department, in the manner prescribed by the department.
(b) The department will not process the application if the application does not contain all of the requested information on the application form, including:
1. A statement confirming whether he or she has been convicted of a crime.
2. The date of conviction for any crime described in subd. 1 and a description of the nature and circumstances of the crime.
3. A signature of the applicant attesting to the accuracy and truthfulness of the information contained in the application.
4. Acknowledgment that the department has authority to conduct an investigation on the individual.
(c) An individual may submit an application for a permit without obtaining a predetermination from the department under this section.
(d) In order to make the predetermination, the department shall review the application and conduct an investigation on the individual. The department may request payment of a fee to be submitted with Form AB-790 before processing the application. The fee may not exceed the cost of making the predetermination.
(3) Predetermination is binding on the department. The department shall make a predetermination and send the predetermination in writing within 30 days of receiving the application. The predetermination by the department is binding on the department unless there is information relevant to the determination that was not available to the department at the time that the predetermination was made. The predetermination may not be appealed.
SECTION 2. Effective date; general. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
DEPARTMENT OF REVENUE
Dated: By: ___________________________
Peter W. Barca
Secretary of Revenue
E:Rules/Rule 168 – Conviction Predeterminations – SS 123-18/Chapter Tax 1 Conviction Predeterminations Proposed Order
