Sec. 29.03.03.14. Review of Objections

A. The objector shall have the burden of proof that the handgun objected to should not be placed on the roster.

B. Board's Actions on Objections.

(1) The Board shall act on an objection within 30 days after its receipt of the objection.

(2) If the Board did not previously grant a petition with respect to the handgun, the Board shall dismiss or adopt the objection in writing, stating the reasons for it, and send a copy of its determination to the objector by certified mail, return receipt requested.

(3) If the Board previously granted a petition with respect to the handgun, the Board shall dismiss or tentatively adopt the objection in writing, stating the reasons for it, and send copies of its determination to the objector and the petitioner by certified mail, return receipt requested. The Board shall also send to the petitioner a copy of the objection.

(4) If the petitioner timely requests a hearing under §C of this regulation, the Board's tentative adoption of an objection is not final unless affirmed by a final decision issued in accordance with §C(3) of this regulation. In all other cases, the Board's decision on an objection is final when issued.

(5) If the Board fails to act on an objection within 30 days after its receipt, the objection shall be considered dismissed.

C. Hearing after Tentative Adoption of Objection.

(1) A petitioner may request a hearing within 15 days after receiving the Board's tentative adoption of an objection.

(2) The request for a hearing shall be in the form provided by the Board and shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand. The request shall be served on the objector by one of the same methods.

(3) Within 90 days after receiving a request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a final written decision on the objection.