1. (1) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

   1. (a) The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the facility.
   2. (b) Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the facility.
   3. (c) Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the facility.
   4. (d) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
   5. (e) The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.
   6. (f) Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.
   7. (g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
   8. (h) Made false statements or withheld information.

2. (2) Appeals.

   1. (a) Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.42, Stats.

   2. (b) The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

      Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608) 264-9885. A copy of the request should be sent to the appropriate field office listed in Appendix A.

History

History: CR 04-040: cr. Register December 2004 No. 588, eff. 1-1-05; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR16333: emerg. renum. DCF 59.08 to (1), cr. (1) (title), (2), eff. 11-18-16; CR 16-051: renum. DCF 59.08 to (1), cr. (1) (title), (2) Register July 2017 No. 739, eff. 8-1-17.