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 appeal the temporary suspension of the license 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 the temporary suspension of the license and an explanation of the process for appealing the action. This information is conveyed through the Notice of Temporary Suspension of the License.
When a temporary license suspension is appealed, the enforcement action is temporarily put on hold until the appeal process is completed. This means that the licensee may remain open during the appeal process. Because of the length of time that the appeal process may take, and depending on the seriousness of the violation, if the licensing specialist has reason to believe that the temporary license suspension will be appealed and the center will therefore remain open, another enforcement action, such as summary suspension, may be a more appropriate enforcement step. Issuance of a summary suspension assures immediate closure of the center.
The appeal process for the temporary license suspension is the same as the process for appealing other enforcement actions. Within 10 calendar days from the date of the notice, the licensee must send a request for an administrative hearing to the Division of Hearings and Appeals (DHA), with a copy to the regional office. DHA conducts the administrative hearing. Upon receipt of the request for a hearing, the DHA notifies the DCF OLC, who represents BECR at the hearing, that the hearing has been requested. The 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 licensing specialist will update WISCCRS with the hearing information.
The licensing specialist must ensure that all documents related to the hearing are uploaded in WISCCRS and available to the OLC attorney. The licensing specialist should provide other information to the OLC attorney 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. The license suspension remains on hold until DHA issues a decision or a settlement agreement is reached between the OLC and the licensee.
If the licensee appeals the temporary license suspension and prevails, the case is closed. If the licensee does not prevail, the enforcement action stands and the licensing specialist should then proceed to ensure that the licensee complies with the license suspension and corrects the violation prior to permitting the licensee to reopen.
This page last updated 10/2020.