NR 8.52 NoteNote: The question of guilt or innocence regarding the original charge or good cause for failing to resolve the matter will not be a subject of hearings held under the provisions of this section. Appeals shall be subject to the procedures under s. 227.42, Stats., which shall be limited to the issues specified in s. 29.972 (1) (a) to (c), Stats.
NR 8.52 NoteNote: Pursuant to s. 29.972 (1) (a) to (c), Stats., the opportunity for an administrative appeal to the department are limited to the issue of whether the violator:
NR 8.52 Note(a) Failed to respond to a summons under s. 23.66 (3) or 23.67 (4), Stats., or a warrant or summons under s. 968.04, Stats., or
NR 8.52 Note(b) Failed to appear on the court date set under s. 23.72 or 23.75, Stats., unless the person makes a deposit under s. 23.66, Stats., or makes a deposit and stipulation under s. 23.67, Stats., or
NR 8.52 Note(c) Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.
NR 8.52(1)(f)(f) Exemption. This subsection does not apply to a violator who prior to April 1, 2008 failed to do any of the following in response to a wildlife-related violation that occurred in this state:
NR 8.52(1)(f)1.1. Failed to respond to a summons under s. 23.66 (3) or 23.67 (4), Stats., or a warrant or summons under s. 968.04, Stats., or
NR 8.52(1)(f)2.2. Failed to appear on the court date set under s. 23.72 or 23.75, Stats., or makes a deposit and stipulation under s. 23.67, Stats., or
NR 8.52(1)(f)3.3. Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.
NR 8.52(2)(2)Violations occurring in a participating state.
NR 8.52(2)(a)(a) Receipt of notification. When the department receives a notice from a participating state that a Wisconsin resident has been charged with a wildlife-related violation in the participating state and has failed to respond to the citation, summons or complaint, or failed to appear before the court with jurisdiction, or failed to pay the fine or forfeiture imposed for the violation, the wildlife violator compact administrator or designee shall do all of the following:
NR 8.52(2)(a)1.1. Mail the violator a notice of revocation by the department which informs the violator of the department’s receipt of a notice of noncompliance from the participating state and of the requirements of the wildlife violator compact pursuant to s. 29.03, Stats. The notice of revocation shall include the following information:
NR 8.52(2)(a)1.a.a. The violator’s full name, date of birth, if known, and last known address.
NR 8.52(2)(a)1.b.b. Description and date of the violation, including citation or case number.
NR 8.52(2)(a)1.c.c. Action of the court.
NR 8.52(2)(a)1.d.d. Procedures to be followed to resolve the matter with the court.
NR 8.52(2)(a)1.e.e. Name, address and telephone number of the court with jurisdiction in the participating state.
NR 8.52(2)(a)1.f.f. Revocation requirement of s. 29.03, Stats., of all hunting, fishing and trapping licenses, privileges and approvals if the matter is not resolved.
NR 8.52(2)(a)1.g.g. The effective date of the revocation, which shall be 21 days after issuance of the notice.
NR 8.52(2)(a)1.h.h. That revocation will not occur if the department receives a notice of compliance before the revocation effective date.
NR 8.52(2)(a)1.i.i. That once a revocation has become effective, the revocation may only be lifted upon the department’s receipt of a written notice of the compliance from the participating state in which the violation occurred.
NR 8.52(2)(b)(b) Administrative revocation by the department. When a violator fails to resolve the matter within 21 days of the date the notice of revocation by the department was issued, the department shall revoke all the violator’s hunting, fishing and trapping privileges and approvals and the department’s wildlife violator compact administrator or designee shall do all of the following:
NR 8.52(2)(b)1.1. Forward a copy of the notice of revocation by the department to the participating state.
NR 8.52(2)(b)2.2. Enter the person’s identifying information and beginning date of the revocation of all the violator’s hunting, fishing and trapping privileges and approvals into the department’s statewide automated system.
NR 8.52(2)(c)(c) Appeals and request for a hearing.
NR 8.52(2)(c)1.1. The opportunity for an administrative appeal to the department shall be subject to the procedures under s. 227.42, Stats., and shall be limited to whether or not the violator did any of the following:
NR 8.52(2)(c)1.a.a. Failed to respond to a warrant or summons, or
NR 8.52(2)(c)1.b.b. Failed to appear on their court date, or
NR 8.52(2)(c)1.c.c. Failed to make a deposit or a deposit and stipulation, or