Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

 

 

7.2 When BECR and OLC Drafts the Stipulation

When a stipulation is needed to specify terms, conditions and/or restrictions of licensure, the licensing specialist drafts the stipulation after consulting with the licensing manager/licensing supervisor to determine what will be required in the stipulation. The licensing specialist and the licensing manager/licensing supervisor works with the OLC attorney to draft the agreement, using the  standardized format available on the BECR Intranet.

In assessing the need for a stipulation, the licensing specialist and licensing manager/licensing supervisor must carefully consider whether a stipulation is the preferred method for resolving a compliance issue, rather than an enforcement action, such as an order, imposed plan of correction, forfeiture, denial, or revocation. It is critical for the licensing specialist to determine and communicate the known facts of the licensee’s situation so that the licensing manager/licensing supervisor is fully informed of these details in making a decision to execute a stipulation rather than take some other action. The licensing manager/licensing supervisor should also discuss the stipulation with an OLC attorney and the bureau director when assessing the facts of the situation and determining whether a stipulation is the right course of action.

Once the licensing specialist and licensing manager/licensing supervisor determine that a stipulation is necessary, either the licensing specialist or the licensing manager/licensing supervisor should discuss the terms and conditions of the proposed stipulation with the applicant/licensee, either by phone or in person. Through this discussion, it should be made clear to the applicant/licensee why the stipulation is needed, what the stipulation will entail and what the consequences of not agreeing to the stipulation will be. This allows the applicant/licensee to consider whether s/he is interested in pursuing new or continued licensure under the conditions required by BECR. If the licensee indicates a willingness to sign the stipulation and comply with BECR-imposed conditions, the stipulation should be drafted with the assistance of the OLC attorney.

The licensing manager/licensing supervisor must approve and sign all stipulations.

 

This page last updated 10/2020.