Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The forfeiture must be paid within 10 days of receipt of the date of the forfeiture assessment notice. If the forfeiture is appealed, payment of the forfeiture is suspended until the Division of Hearing and Appeals hears the case and issues a final decision concerning the appeal. If the Division of Hearings and Appeals upholds the forfeiture assessment, the forfeiture must be paid within 10 days of receipt of the notice of the hearing decision.
If the forfeiture is not paid within the 10-day time frame specified either in the original forfeiture assessment notice or, if appealed, in the hearing decision, the licensing specialist will be informed by the BECR Central Office Manager that the forfeiture is outstanding. A follow up letter requesting payment is sent using the standardized format for either Unpaid Forfeiture after Appeal or Unpaid Forfeiture - No Appeal. If the forfeiture remains unpaid, BECR may refer these individuals to the DCF Bureau of Finance for collection purposes. The following criteria must be met before a referral is made to the Bureau of Finance:
The outstanding balance has been past due for 90 days, with no active negotiations or payment plans in place, and
The provider is unregulated, either because they are closed or the individual was never licensed, and
The balance owed is at least $50.
Upon receipt of the referral from BECR, the Bureau of Finance will initiate collection efforts on behalf of BECR. The BECR referral is made through completion of the standardized format titled Closed Child Care Center/Unlicensed Provider - Refer to Finance, located in the Standardized Formats section on the BECR Intranet. The Bureau of Finance does not initiate collection efforts without a referral from BECR. If the provider does not respond to the Bureau of Finance collection notices, they will send a letter along with the invoice to the provider indicating the amount owed and the consequences of failure to pay, including referral of the debt to the Department of Revenue (DOR) for collection action. If the balance is not paid, collection action by DOR may include garnishing wages, levying bank accounts, interception of state tax refund and filing a delinquent tax warrant.
Following issuance of a forfeiture assessment, the licensing specialist must make a verification site visit to verify that the provider has complied with the original order to stop operating. If the on-site visit reveals that the provider is continuing to operate illegally despite issuance of the order and forfeiture, the licensing specialist should consult with the licensing manager/licensing supervisor regarding next steps, such as referral to the District Attorney for an injunction or prosecution. (See section 6.3.1.)
This page last updated 10/2021.