Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The applicant or licensee has 30 days from the date of the notice of license denial or revocation to file an appeal with DWD to either dispute the delinquent UI contributions on which the denial or revocation is based or satisfy the delinquent contributions. A licensed facility remains open during the 30-day appeal period. The denial or revocation is effective 30 days from the date of the notice, unless DWD verifies that a hearing was requested. In that case, the facility remains open during the appeal proceedings and until a decision is reached.
If the applicant or licensee appeals the certification of delinquent UI contributions, DWD will either hold an appeal hearing before a hearing examiner or resolve the matter by execution of a settlement agreement. Following the 30-day appeal period, DWD will take one of the following actions:
DWD may provide BECR with a nondelinquency certificate, verifying that the delinquent UI contributions have been satisfied. This may occur through a settlement agreement executed by DWD with the applicant or licensee. With the issuance of a nondelinquency certificate, BECR will withdraw the revocation and reinstate the license, or proceed with processing the license application, unless there are other grounds for revoking the license or denying the license application.
A new application, fees or other material is not required of the licensee for license reinstatement unless the licensed facility has been closed more than 60 days due to delinquent UI contributions. In this case, BECR must determine whether continuation materials and/or further facility review will be necessary in order to reinstate the license.
DWD may notify BECR that the applicant or licensee has appealed the delinquent UI contributions with DWD and the appeal is not resolved. A licensed facility can continue to operate during appeal proceedings and until the DWD hearing examiner issues a final decision, or until DWD and the applicant or licensee executes a settlement agreement. DWD will inform BECR when there is a final decision.
DWD may inform BECR that DWD affirms its certification of delinquent UI contributions because the applicant or licensee did not file an appeal, did not satisfy the delinquent UI contributions during the 30-day appeal period, or did not prevail at a DWD hearing. In this case, BECR closes a licensed facility following the appeal period and issues the final notification located here Final Notice of Tax-Related Revocation/Denial.
Before BECR closes a facility and sends a final notice of the revocation or denial, BECR waits a minimum of one week after the 30-day appeal period ends to ensure that DWD has not issued a nondelinquency certificate immediately following the end of the appeal period or the applicant or licensee has not appealed the DWD action to Circuit Court and thus would continue to operate during appeal proceedings.
An applicant or licensee may appeal the DWD hearing examiner’s decision to the Circuit Court. The licensee remains open during the Circuit Court appeal proceedings. If the final decision following appeal to the Circuit Court is to certify the delinquent UI contributions, BECR issues the Final Notice of Tax-Related Revocation/Denial. If the Circuit Court determines that the applicant or licensee’s delinquent unemployment insurance contributions can be settled and the denial or revocation should be withdrawn, BECR proceeds with the license application or withdraws the revocation using the Withdrawal of Revocation.
This page last updated 09/2017.