Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
An applicant who is denied certification and an operator whose certification is suspended or revoked due to background check results has the right to appeal the action. If a certification agency denies, suspends, revokes, or refuses to renew a certification, the certification agency shall notify the child care operator in writing and give reasons for the action. The action of a county department of social services established under Wis. Stat. § 46.22, or a county department of human services established under Wis. Stat. § 46.23, may be appealed under Wis. Stat. § 68 which provides for administrative review of the decisions of local agencies. Tribal agencies shall use an appeal process equivalent to the process in Wis. Stat. § 68. In a county with a population of 750,000 or more (Milwaukee), a certification agency’s (BECR) action may be appealed under Wis. Stat. § 227, which provides for administrative review of the decisions of state agencies.
Initial Review of Determination: In accordance with Wis. Stat. § 68.08, any person aggrieved may have a written or oral determination reviewed by written request mailed or delivered to the municipal authority which made such determination within 30 days of notice to such person of such determination. The request for review shall state the ground or grounds upon which the person aggrieved contends that the decision should be modified or reversed.
It is the certification agency’s responsibility to review the decision of the certification worker within 15 days of the receipt of the applicant or operator’s written request for review. The time frame for review may be extended by agreement with the person aggrieved.
The individual or agency reviewing the determination may affirm, reverse or modify the initial determination and shall mail or deliver to the person aggrieved a copy of the decision on review which shall state the reasons for the decision. The decision shall advise the person aggrieved of the right to appeal the decision, the time within which appeal shall be taken and the office or person with whom notice of appeal shall be filed.
Agencies may choose to skip the Initial Review and go directly to the Administrative Appeal as explained below.
Administrative Appeal: The applicant or operator has 30 days to make a written request to appeal the initial decision (denial, revocation, suspension) or initial review determination. As described in Wis. Stat. § 68, the certification agency shall provide the applicant or operator an administrative appeal hearing within 15 days of receipt of the notice of appeal filed/mailed and shall serve the applicant or operator with notice of the hearing by mail or personal service at least 10 days before the hearing.
At the hearing, the applicant or operator may be represented by an attorney. Both the individual and the agency may present evidence and call and examine witnesses and cross examine witnesses of the other party. The agency shall provide an impartial decision maker, who may be an officer, committee, board, commission or the governing body who did not participate in making or reviewing the initial determination, who shall make the decision on administrative appeal.
The person conducting the hearing or a person employed for that purpose shall take notes of the testimony and shall mark and preserve all exhibits. The person conducting the hearing may, and upon request of the appellant shall, cause the proceedings to be taken by a stenographer or by a recording device, the cost of which is to be paid by the agency.
Within 20 days of completion of the administrative appeal and the filing of briefs, if any, the decision maker shall mail or deliver to the applicant or operator its written determination stating the reasons for the determination. Such determination shall be a final determination.
Judicial Review: Either party to a proceeding resulting in a final determination may seek a judicial review within 30 days of receipt of the final determination.
s. 68.13 Judicial review.
(1) Any party to a proceeding resulting in a final determination may seek review thereof by certiorari within 30 days of receipt of the final determination. The court may affirm or reverse the final determination, or remand to the decision maker for further proceedings consistent with the court’s decision.
This page last updated 10/2019.