Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
An applicant that is denied a license has the right to appeal the denial through an administrative hearing under the authority of Wis. Stat. § 227.44, BECR is required by Wis. Stat. § 48.715(3) to provide written notice of the grounds for denial and an explanation of the process for appealing the action.
The applicant for licensure must appeal the denial within 10 calendar days from the date of the Notice of Denial by sending a request for an administrative hearing to the Divison of Hearings and Appeals (DHA), with a copy to the regional office. A probationary licensee that is denied a regular license following the first or second probationary period is allowed to continue operating the facility during the appeal proceedings.
Upon receipt of the request for a hearing, the DHA notifies OLC, who represents BECR at the hearing, that the hearing has been requested. The DHA will also notify the applicant and the OLC attorney representing BECR of the date, time, and place of this hearing. OLC, in turn, will forward the request to the regional office where the appropriate support person will upload the hearing information to WISCCRS and pass it on to the licensing specialist.
The licensing specialist must forward a copy of all documents related to the hearing to the OLC attorney as requested and provide other information as necessary in preparation for the hearing. When the hearing is held, the licensing specialist and/or licensing manager/licensing supervisor usually present testimony in person.
As specified in Wis. Admin. Code §§ DCF 250.11(9)(b), 251.11(8)(b) and 252.05(8)(b), during denial proceedings, the child care center or day camp may not accept for care any child not enrolled and in care as of the date of receipt of the denial notice without the written approval of BECR.
This page last updated 10/2020.