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

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

 

 

1.1 Use of Summary Suspension to Keep a Center Closed During Revocation

When BECR issues a Notice of Revocation to a center and the licensee has filed a timely appeal of the revocation to DHA, the center is allowed to continue operations during the appeal proceedings, pursuant to Wis. Stat. § 227. If the Department finds, during this time period while the center continues operations and the DHA decision has not yet been rendered, that the public health, safety or welfare requires immediate action to close the center during the appeal proceedings, a Notice of Summary Suspension may be issued. This might occur, for example, after BECR receives allegations of serious violations, conducts a complaint investigation of the center and substantiates the allegations.

An automatic administrative hearing is conducted under the authority of Wis. Stat. § 227 on the issue of whether the facility should remain suspended until the revocation proceedings are concluded. DHA will conduct the automatic hearing within 10 working days after the summary suspension of the license takes effect. The licensee is notified of the date, time and place of this hearing by DHA. OLC represents BECR at this hearing. The licensee may sign a Waiver of Hearing for Summary Suspension – Temporary Closure of Child Care Center, if s/he decides to forego the required automatic hearing concerning whether the center may reopen during revocation proceedings.

 

This page last updated 9/2017.