SCR 40.08. Adverse determination

Adverse determination.

(1) At Risk Notice. Before declining to certify an applicant's

satisfaction of requirements under this chapter, the board shall notify

the applicant in writing of the basis for its notice that the application

is at risk of being denied. The board's notice shall provide that, except

as to failure of the bar examination under SCR 40.04, the applicant

may challenge the at risk notice upon filing a written request for a

hearing and statement responding to the board's notice. The board's

notice shall contain a statement identifying the date of mailing. The

board shall serve the notice on the applicant by mail to the last address

furnished by the applicant in writing to the board.

(2) Applicant’s Request for Hearing and Response. Within 30

days of the date of mailing of an at risk notice, the applicant may

challenge the at risk notice by filing (a) a written request for a hearing

and a statement setting forth the grounds on which the board's at risk

notice should be reversed, or (b) a written supplement to the record. If

the applicant does not request a hearing or file a supplement to the

record within 30 days, a subsequent adverse determination by the board

becomes final and the applicant may not seek review under sub. (6) or

(7).

(3) Scheduling of Hearing. The board shall grant a hearing

upon the applicant's timely and written request.

(4) Notice of Hearing. The board shall provide written notice of

the hearing at least 30 days prior to the hearing date. The notice shall

state the time and place of the hearing and the issues to be considered.

The notice shall advise the applicant that he or she may be represented

by counsel and present evidence.

hall grant a hearing

upon the applicant's timely and written request.

(4) Notice of Hearing. The board shall provide written notice of

the hearing at least 30 days prior to the hearing date. The notice shall

state the time and place of the hearing and the issues to be considered.

The notice shall advise the applicant that he or she may be represented

by counsel and present evidence.

(5) Board’s decision on certification of application. The board

shall notify the applicant of its decision by mailing a copy to the

applicant at the last address furnished by the applicant in writing to the

board. The board's decision shall contain a statement identifying the

date of mailing. An adverse determination by the board shall include

findings of fact and conclusions of law and shall be final, unless the

applicant timely files a review under sub. (6) or (7). A decision to

certify that the applicant has satisfied the requirements of this chapter

by the board does not require findings of fact and conclusions of law.

(6) Review by board.

(a) Except as provided in par. (b), an applicant may seek review

of an adverse determination by filing a written request with the board

within 30 days of the date of mailing of the adverse determination.

(b) An applicant may seek expedited review of an adverse

determination under SCR 40.04(3m) by filing a written request within

14 days of the date of mailing of the adverse determination. The

written request shall clearly request expedited review.

(c) A request for review shall be granted only on the basis of a

material error of law or fact, or the discovery of new evidence

sufficiently strong to reverse the adverse determination. The board

shall notify the applicant of its decision by mailing a copy to the

applicant at the last address furnished by the applicant in writing to the

board. The board's decision shall contain a statement identifying the

date of mailing.

(7) Review by supreme court.

terial error of law or fact, or the discovery of new evidence

sufficiently strong to reverse the adverse determination. The board

shall notify the applicant of its decision by mailing a copy to the

applicant at the last address furnished by the applicant in writing to the

board. The board's decision shall contain a statement identifying the

date of mailing.

(7) Review by supreme court.

(a) Except as provided in par. (b), an applicant may seek review

of an adverse determination by filing a petition for review with the

supreme court and serving a copy on the board within 30 days of the

date of mailing of the board's adverse determination.

(b) An applicant may seek expedited review of an adverse

determination under SCR 40.04(3m) by filing a petition for review

with the supreme court and serving a copy on the board within 14

days of the date of mailing of the adverse determination. The petition

for review shall clearly request expedited review.

(c) However, if the applicant has filed a timely request for

review by the board under sub. (6), the deadline for seeking review by

the supreme court shall be within 30 days of the date of mailing of the

board's disposition of the applicant's request to review, provided, that

an applicant may seek expedited review of an adverse determination

under SCR 40.04(3m) by filing a petition for review with the supreme

court and serving a copy on the board within 14 days of the date of

mailing of the adverse determination. The petition for review shall

clearly request expedited review.