1. (1) Subject of appeal. Except for the denial of an approval of a nurse aide training or competency evaluation program under 42 CFR 483.151 (b) (2) or (3) or the withdrawal of approval of a nurse aide training or competency evaluation program under 42 CFR 483.15(e)(1) or (3), a health care provider may appeal to the department of administration’s division of hearings and appeals any of the following:

   1. (a) A denial of a request for a waiver or variance under s. DHS 129.04 (2) or the revocation of a waiver or variance under s. DHS 129.04 (2) (c).
   2. (b) A denial of an application for approval of training program under s. DHS 129.05 (1).
   3. (c) A denial of an application for approval of a competency evaluation program under s. DHS 129.08.
   4. (d) A denial of an application under s. DHS 129.06 (3) for approval of a training course for primary instructors.
   5. (e) A denial under s. DHS 129.09 (5) of an application to include a person in the registry.
   6. (f) A suspension or revocation of approval or the imposition of a plan of correction under s. DHS 129.05 (2) (d) 2.
2. (2) Appeals of waiver or variance application denials. A health care provider may contest the department’s denial of a waiver or variance by requesting a hearing under s. 227.42, Stats. The request for a hearing shall be filed with the department of administration’s division of hearings and appeals within 10 working days after receipt of the notice of denial. The request for hearing is considered filed when the request is received by that division.
3. (3) All other program appeals. Except as provided under sub. (2), all appeals filed pursuant to sub. (1) shall be in writing and shall take the form of a request for a hearing. The request for a hearing shall be filed with the department of administration’s division of hearing and appeals no later than 30 calendar days after the date of the denial, suspension or revocation, and is considered filed when received by that division.

4. (4) Burden of proof. The program or person shall bear the burden of providing, by the preponderance of credible evidence, that the department’s denial of a requested waiver or variance was unreasonable.

   Note: The address of the Department of Administration’s Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707. Appeals may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin, or faxed to that office at 608-264-9885.

History

History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.