Wis. Admin. Code Department of Natural Resources NR 8.52

Current through October 28, 2024

Section NR 8.52 - Revocations for failure to pay or appear in court

(1) VIOLATIONS OCCURRING IN WISCONSIN.

(a)Clerk of court.

1. After a violator does any of the following regarding a wildlife-related violation, the clerk shall provide a notice of noncompliance to the department's wildlife violator compact administrator:

a. Fails 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.

b. Fails 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.

c. Fails to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

Note: Clerks need only provide the department with one notice of noncompliance when a person fails to respond or appear as described in subd. 1. If the court enters a default judgment against a violator and provides the violator with an additional period of time to pay, the clerk may wait to see if the violator fails to make the required deposit by the new deadline established by the court under s. 23.75(3) (a) 2 Stats., before providing the department with a notice of noncompliance under subd. 2.

Note: Notices may be mailed to the: Department of Natural Resources, Wildlife Violator Compact Administrator, P.O. Box 7921, Madison, WI 53707-7921, or by FAX at (608) 264-6130. An e-mail address for the Compact Administrator may be obtained by calling the department's call center at 1-888-936-7463.

2. A notice of noncompliance provided under subd. 1. shall include at least the following information:

a. The violator's full name, date of birth if known and last known address.

b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.

c. Name, address and telephone number of the court.

d. Disposition by the court, including conviction date, any penalty imposed and any hunting, trapping or fishing privilege or approval revocations ordered by the court.

3. After a violator has resolved any citation, summons, or complaint which is subject to this section, the clerk shall provide a notice of compliance to the department's wildlife violator compact administrator. The notice shall include the following:

a. The violator's full name, date of birth, if known, and last known address.

b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.

c. Name, address and telephone number of the court.

d. Disposition by the court, including conviction date and penalty imposed, if applicable, and any court ordered revocation of the violator's hunting, fishing or trapping licenses, privileges and approvals under s. 29.971, Stats., not related to the violator's failure to pay or appear in court.

e. The date on which any hunting, fishing or trapping privilege and approval revocation was ordered by the court under s. 29.971, Stats., will end.

Note: Notifications may be mailed to the: Department of Natural Resources, Wildlife Violator Compact Administrator, P.O. Box 7921, Madison, WI 53707-7921, or by FAX at (608) 264-6130. An e-mail address for the Compact Administrator may be obtained by calling the department's call center at 1-888-936-7463.

(b)Wildlife violator compact administrator. The department's wildlife violator compact administrator or designee shall keep a record of all notices received from the clerk under par. (a) and s. NR 8.53(1), and shall do all of the following after receiving a notice of noncompliance from a clerk under par. (a) 1.:

1. Mail a notice of revocation by the department to the violator. The notice shall include all the following information:

a. The violator's full name, date of birth, if known, and last known address.

b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.

c. Name, address and telephone number of the court.

d. Disposition by the court, including conviction date, any penalty imposed by the court.

e. That the revocation for failure to resolve the citation, summons or complaint shall take effect 21 days after issuance of the notice of revocation by the department, unless an earlier date has been specified by the court as authorized under s. 23.795(2) or 29.971, Stats. The date on which the revocation takes effect shall be provided in the notice of revocation.

Note: Section 23.795(2), Stats., states that in lieu of an order of imprisonment under s. 23.795(1) (a), Stats., for a violation of ch. 29, Stats., the court may revoke or suspend any privilege or approval granted under ch. 29, Stats., as provided in s. 29.971(12), Stats.

f. That the revocations shall remain in effect until the department's wildlife violator compact administrator receives a notice of compliance from the clerk of the court with jurisdiction.

g. Of the conditions provided under s. 29.972(1) (a) to (c), Stats., under which the violator may request a hearing to appeal the revocation and the procedures for doing so.

2. Update the department's statewide automated system with a violator's revocation status, including the starting date and the ending date when known.

3. Notify all other participating states of the hunting, fishing and trapping revocation status of a violator for any wildlife-related violations.

Note: Pursuant to s. 29.972(1), Stats., the opportunity for an administrative appeal to the department is limited to the issue of whether the violator did any of the following:

(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

(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

(c) Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

Note: Revocations of ch. 29, Stats., privileges or approvals for violations that are not wildlife-related violations and revocations imposed under s. 29.024(2g) (d) or (2r) (d), 938.17(2) (d) 1, 938.34(8) or (8d) (d) and 938.343(2) or (6), Stats., or for a violation of s. 167.31(3m) (a), Stats., are not subject to the provisions of the wildlife violator's compact under s. 29.03, Stats.

Note: Section 29.972(2) (a), Stats., does not require the administrative revocation by the department if the court has already revoked any or all of the person's hunting, fishing, or trapping approvals under s. 23.79(4) or 23.795(2), Stats.

(c)Alternative revocation by the department. Notwithstanding the procedures established in par. (a), the department may revoke all hunting, fishing and trapping privileges and approvals of a violator pursuant to s. 29.972, Stats., when the department determines that the procedures of par. (a) are applicable, but have not been complied with. If the department revokes the violator's hunting, fishing and trapping privileges and approvals under this paragraph, the department's wildlife violator compact administrator or designee shall do all of the following:

1. Send a notice of revocation by the department to the violator containing the information required under par. (b).

2. Update the department's statewide automated system with a violator's revocation status, including the starting date and the ending date when known.

3. Provide updated information to all other participating states of the hunting, fishing and trapping revocation status of the violator.

Note: A clerk of court and the department shall consider a revocation under s. 29.972(2), Stats., to be resolved when the violator complies with the order of the court, the judgment is satisfied, or the court orders the revocation of the person's ch. 29, Stats., privileges or approvals under the authority of s. 29.971, Stats., or in lieu of an order of imprisonment under s. 23.795(1) (a), Stats.

(d)Wildlife violator compact administrator acknowledgement of compliance. When a violator has resolved the matter subject to par. (a) or (c) with the court and the department has received a notice of compliance from the clerk, the department's wildlife violator compact administrator or designee shall do all of the following:

1. Mail the violator an acknowledgement of receipt of the notice of compliance. The acknowledgement shall include:

a. The violator's full name, date of birth, if known, and last known address.

b. Case number, statute, or administrative rule number violated, description of violation, date of violation and county of violation.

d. Disposition by the court, including conviction date, any penalty imposed by the court, including any additional court ordered revocation still in effect and the term of any court ordered revocation, if known.

e. The date on which the violator's hunting, fishing and trapping privileges and approvals are to be reinstated by the department, or the ending date of any court ordered revocation, whichever is later.

2. Update the department's statewide automated system with any change in the violator's hunting, fishing and trapping revocation status.

3. Provide updated information to all other participating states of the change in hunting, fishing and trapping revocation status of the violator as appropriate.

(e)Appeals and request for a hearing.

1. The opportunity for an administrative appeal of a revocation by the department pursuant to s. 29.972, Stats., shall be limited to the issues specified in s. 29.972(1) (a) to (c), Stats.

2. If the revocation is upheld, the violator must then proceed to resolve the court case with the revocation remaining in effect.

3. If the revocation is overturned for any reason, the matter is terminated and the revocation order vacated.

Note: 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.

Note: 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:

(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

(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

(c) Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

(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:

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

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

3. Failed to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

(2) VIOLATIONS OCCURRING IN A PARTICIPATING STATE.

(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:

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:

a. The violator's full name, date of birth, if known, and last known address.

b. Description and date of the violation, including citation or case number.

c. Action of the court.

d. Procedures to be followed to resolve the matter with the court.

e. Name, address and telephone number of the court with jurisdiction in the participating state.

f. Revocation requirement of s. 29.03, Stats., of all hunting, fishing and trapping licenses, privileges and approvals if the matter is not resolved.

g. The effective date of the revocation, which shall be 21 days after issuance of the notice.

h. That revocation will not occur if the department receives a notice of compliance before the revocation effective date.

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.

(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:

1. Forward a copy of the notice of revocation by the department to the participating state.

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.

(c)Appeals and request for a hearing.

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:

a. Failed to respond to a warrant or summons, or

b. Failed to appear on their court date, or

c. Failed to make a deposit or a deposit and stipulation, or

d. Failed to appear before the court and is subject to a bench warrant.

2. If the revocation is upheld, the violator must then proceed to resolve the court case with the revocation remaining in effect.

3. If the revocation is overturned for any reason, the matter is terminated and the revocation order vacated. In such cases the issuing state will be informed of the reason for denial.

Note: 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.

(3) TERM OF REVOCATIONS.

(a) A revocation imposed under sub. (1) (b) or (c), pursuant to s. 29.972(1), Stats., for a wildlife-related violation shall remain in effect until the department receives a notice of compliance from the clerk.

Note: Section 29.972(1), Stats., includes those situations where the violator does any of the following:

(a) Fails 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.

(b) Fails 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.

(c) Fails to appear before the court and is subject to a bench warrant under s. 968.09, Stats.

(b) A revocation imposed under sub. (2), pursuant to s. 29.03, Stats., for a wildlife-related violation in a participating state, shall remain in effect until the department receives a notice of compliance issued by the participating state.

(4) REINSTATEMENT OF PRIVILEGES AND APPROVALS. Privileges or approvals revoked pursuant to this subchapter may be reinstated by the department upon the receipt of a notice of compliance from the clerk of court or from the participating state with jurisdiction.

Wis. Admin. Code Department of Natural Resources NR 8.52

CR 07-056: cr. Register March 2008 No. 627, eff. 4-1-08; corrections in (1) (a) 3. e. and (b) 1. e. made under s. 13.92(4) (b) 1 and 7., Stats., Register March 2008 No. 627; CR 10-051: r. (1) (d) 1. c. Register December 2010 No. 660, eff. 1-1-11.

Amended by, CR 17-061:am. (1) (b) 2., (c) 2., (d) 2. Register February 2018 No. 746, eff. 3/1/2018

Amended by, CR 19-146: am. (2) (b) 2. Register June 2020 No. 774, eff. 7/1/2020