1. (1) Types of appeals. An applicant or foster parent may request a hearing under ch. 227, Stats., to appeal any of the following decisions by a licensing agency:

   1. (a) The denial of an application for an initial license, license renewal, or license modification.

   2. (b) The revocation of an existing license.

      Note: The appeal rights described in this section relate only to licensure decisions. Foster parents also have appeal rights for nonlicensure decisions as provided under s. 48.64 (4), Stats., and ch. HA 3 rules. Any circuit court decision regarding a placement or a placed child is not appealable by the foster parent under this section.

2. (2) Request for a hearing. A request for a hearing shall be in writing and shall be addressed to division of hearings and appeals. The date of the request for a hearing shall be the date on which the request is received by that office. Any request for a hearing shall be received no more than 10 days after the date of the notice of the licensing agency’s decision.

   Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

3. (3) Arrangements for a hearing. In response to a request for a hearing under this section, the division of hearings and appeals shall appoint a hearing examiner, set a date for the hearing and notify the parties in writing at least 10 days before the hearing of the date, time, and place of the hearing and of the procedures to be followed.

4. (4) Appeal of a license revocation.

   1. (a) Revocation remains effective during appeal process. A license revocation shall be effective as of the date of the revocation notice and shall remain in effect regardless of a pending appeal, unless the revocation is overturned by the division of hearing and appeals or rescinded by the licensing agency.

   2. (b) If a revocation is overturned.

      1. 1. ‘Unexpired license.’ If a revocation is overturned by the division of hearings and appeals and the foster parent’s license to operate a foster home did not expire while the appeal was pending, the licensing agency shall reinstate the person’s prior license with the original expiration date.
      2. 2. ‘Expired license.’ If a revocation is overturned by the division of hearings and appeals after the person’s license to operate a foster home has expired, the person may apply for a renewal license under s. DCF 56.04 (3) within 30 days after the date of the decision overturning the revocation. The person shall provide new fingerprints for the background check under s. DCF 56.055 (1) (b) due to the gap in licensure.
5. (5) Appeal of the denial of a license renewal. The provisions of sub. (4) (b) also apply to an appeal of the denial of a license renewal that is overturned by the division of hearings and appeals.

History

History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; CR 10-021: am. (2) Register September 2010 No. 657, eff. 10-1-10; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (4) (b) 1. made under s. 13.92 (4) (b) 6., Stats., Register November 2025 No. 839.