Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The licensee has a right to an administrative hearing under the authority of Wis. Stat. ยง 227 if BECR determines that the provider should not reopen and a revocation is issued within 72 hours of the summary suspension. An automatic administrative hearing is conducted on the issue of whether the facility should remain closed beyond the 72 hours, until the revocation proceedings are concluded. The DHA will conduct the automatic hearing within 10 working days after the summary suspension of the license takes effect. The DHA notifies the licensee and the OLC attorney representing BECR of the date, time and place of this hearing. The OLC attorney, in turn, will contact the regional office staff to prepare for the hearing. The licensing specialist and/or the licensing manager/licensing supervisor will be a witness at the hearing.
The automatic administrative hearing will only determine whether the facility must remain closed beyond 72 hours of the summary suspension, or whether it may reopen and operate during the revocation proceedings. This hearing does not address the basis for revocation. The licensee must initiate an appeal of the revocation as a separate action. The licensee may enter into an agreement to forego the automatic hearing, remain closed, and proceed straight to an appeal of the revocation itself. If the revocation was delivered within 72 hours of the summary suspension, and the licensee appeals the revocation, the automatic hearing and the hearing on the revocation may be held together.
6. Due Process Related to Summary Suspension
6.1 Waiver of Hearing for Summary Suspension
This page last updated 10/2020.