Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
BECR is required by Wis. Stat. § 48.715(4) to provide written notice of the grounds for revocation and an explanation of the process for appealing the action.
Any person aggrieved by a Department action taken under Wis. Stat. §§ 48.715(4), 48.68(1) and/or 48.686 has the right to an administrative hearing under Wis. Stat. § 227.42. Pursuant to Wis. Stat. § 48.72, the licensee’s written request must be sent directly to the Division of Hearings and Appeals (DHA) no later than 10 days from the date of the Notice of Revocation. The licensee is asked to attach a copy of the notice to the request for a hearing.
DHA conducts the administrative hearing. Upon receipt of the request for a hearing, DHA notifies the DCF Office of Legal Counsel (OLC), who represents BECR at the hearing, that the hearing has been requested. DHA will also notify the licensee and the OLC attorney representing BECR of the date, time and place of this hearing. The OLC, in turn, will forward the request to the regional office where the appropriate support person will enter the appeal into WISCCRS and pass the information on to the licensing specialist.
The licensing specialist must ensure that all documents supporting the revocation decision and related to the hearing are available in WISCCRS for the OLC attorney. The licensing specialist must provide any other information to the OLC attorney as requested in preparation for the hearing.
When the hearing is held, the licensing specialist and/or licensing manager/licensing supervisor usually presents testimony in person.
The licensee is allowed to continue operating the facility during the appeal proceedings. As specified in Wis. Admin. Code §§ DCF 250.11(9)(b), 251.11(8)(b) and 252.05(8)(b), upon receipt of the Notice of Revocation and during revocation 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 revocation notice without the written approval of BECR. The licensing specialist must consult with the licensing manager/licensing supervisor and, when appropriate, legal counsel, regarding the need to monitor the facility during the period pending the outcome of the appeal. When the appeal concludes and the decision has supported the revocation, the licensing specialist should contact the licensee to request that s/he return the license to the regional office. However, surrender of the license has no bearing on the validity of the revocation.
This page last updated 10/2020.