Jamerson v. Department of Children & Families
824 N.W.2d 822
Wis.2013Background
- Jamerson's child care license was revoked Jan 20, 2010 by the Department based on Wis. Stat. § 48.685(5)(br)5 (new caregiver law) which creates a lifetime ban.
- Jamerson had a 1991 conviction under Wis. Stat. § 49.12(1) and (6) and § 49.127(2m) related to public assistance and food stamps.
- Statute § 48.685(5)(br)5 bars offenses involving fraudulent activity as a participant in enumerated public benefit programs.
- The circuit court dismissed Jamerson's appeal without a hearing; the court of appeals remanded for an administrative hearing to develop facts.
- This Court affirms the court of appeals, remanding for a contested case hearing and addressing deference and procedural issues.
- The revocation occurred before the 2010 effective date of the new caregiver law, but the Court treats it under the new caregiver framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Level of deference to agency interpretation | Jamerson argues no deference; court should interpret anew | Department seeks great or at least due weight deference | Due weight deference applies |
| Right to a contested case hearing | Jamerson has a statutory right to a hearing | Department contends no hearing required | Jamerson has right to a contested case hearing; remand for hearing |
| Remand versus summary dismissal | Facts require development before ruling | Motion to dismiss appropriate | Summary dismissal inappropriate; genuine issues of material fact require hearing |
| Construction of §48.685(5)(br)5 elements | Record insufficient to show fraudulent activity as participant | Conviction may satisfy elements | Need factual development to determine whether the conviction involved fraudulent activity as a participant in enumerated programs; remand |
Key Cases Cited
- Brown v. Dep't of Children and Families, 2012 WI App 61 (Wis. Ct. App. 2012) (guidance on whether fraud element can be inferred from related convictions)
- Racine Harley-Davidson, Inc. v. State Div. of Hearings & Appeals, 292 Wis. 2d 549 (Wis. 2004) (agency interpretations and burden principles in administrative hearings)
- Mercycare Ins. Co. v. Wis. Comm'r of Ins., 328 Wis. 2d 110 (Wis. 2010) (deference framework for agency interpretations in complex statutory schemes)
- Milwaukee Metro. Sewerage Dist. v. DNR, 126 Wis. 2d 63 (Wis. 1985) (residual hearing rights and safety-net principles for hearings under ch. 227)
- West Bend Co. v. LIRC, 149 Wis.2d 110 (Wis. 1989) (statutory right to a hearing and agency processes)