Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Background Check Procedures

 

 

7.2.1 Due Process Related to Background Check Denials and Revocations

An applicant who is denied a license and a licensee whose license is revoked due to background check results has the right to appeal the action through an administrative hearing. BECR is required by Wis. Stat. § 48.715(3) to provide written notice of the grounds for denial or revocation and an explanation of the process for appealing the action. Any person aggrieved by the action taken under Wis. Stat. §§ 48.715, 48.68(1) and/or 48.686 has the right to a hearing under Wis. Stat. § 227.42.

The denial or revocation must be appealed within 10 calendar days from the date of the Notice of Denial or Notice of Revocation by submitting a request for an administrative hearing to the Division of Hearings and Appeals (DHA). Unless appealed, the denial or revocation is effective immediately upon notice.

Upon receipt of the request for a hearing, the DHA notifies DCF OLC that the hearing has been requested. OLC represents BECR at the hearing. BECR licensing staff ensures that the OLC attorney has access to all documents related to the hearing, as requested, and provides other information as necessary in preparation for the hearing. When the hearing is held, BECR staff involved in the action usually present testimony in person.

 

This page last updated 10/2019.