1. (1) Mediation.

   1. (a) If a licensee has negotiated with the department under s. DCF 52.66 (5) (c) and does not agree to the department’s approved rate under s. DCF 52.66 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s. DCF 52.66 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

      Note: Requests for mediation should be sent to DCFCWLRateReg@wisconsin.gov.

   2. (b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving the request under par. (a).
   3. (c) The issues discussed in the mediation shall be limited to the factors in s. DCF 52.66 (4).
2. (2) Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s. DCF 52.66 (4) and relevant information presented during negotiation and mediation.

3. (3) Contested rate.

   1. (a) A licensee may appeal the rate ordered by the department under sub. (2) as a contested case under ch. 227, Stats. A request for hearing may be submitted to the division of hearing and appeals within 30 days after the date of the order.

      Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.

   2. (b) The basis for a request for hearing shall be limited to the factors in s. DCF 52.66 (4).
   3. (c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.

History

History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.