Section 201.07. Provider appeal rights.

 

(1)  A child care provider who contests any of the following actions may request a departmental review:

(a) Refusal to issue new child care authorizations.

(b) Revocation of existing child care authorizations.

(c) Refusal to issue payment to the provider.

(d) Determination of the provider's payment amount.

(e) Collection of an overpayment, including the determination of the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 201.04 (5) (eh) , levy under s. DCF 201.04 (5) (ep) , or a decision under s. 49.85 , Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The provider may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.

(f) Issuance of a forfeiture.

(2)  A request for a departmental review may be made by a child care provider or someone with legal authority to act on their behalf.

(3)  A request for a departmental review shall be in writing and received at the address provided on the notice within 30 days from the date printed on the notice of action under sub. (1) .

(4)  Upon receipt of a timely request for departmental review, the department shall give the child care provider a contested case hearing under ch. 227 , Stats.

(5)  The department may contract with the division of hearings and appeals to conduct the review.

CR 02-104 : cr. Register March 2003 No. 567 , eff. 4-1-03; EmR1027 : emerg. am. (1) (e), cr. (1) (f), eff. 7-9-10; CR 10-086 : am. (1) (e), cr. (1) (f) Register December 2010 No. 660 , eff. 1-1-11; correction in (1) (e) made under s. 13.92 (4) (b) 7. , Stats., Register December 2010 No. 660 .