Section 40.04. Final determination and hearing procedures.

 

(1)  Within 10 days after the date of the review of the initial determination, the individual or panel conducting the review of the initial determination under s. DCF 40.03 shall make a final determination on whether the person who is the subject of the initial determination has abused or neglected a child. Within 5 days after the date of the final determination, the agency shall send a written notice of final determination to the person by first class mail.

(2)  If the person who is the subject of the initial determination does not request a review of the determination within 15 days after the date of the notice of initial determination, the agency shall send a written notice of final determination to the person within 5 days after the deadline for requesting a review of the initial determination.

(3)  If the final determination upholds the initial determination or the person who is the subject of the initial determination did not request a review of the determination, the notice of final determination shall include all of the following:

(a) A summary of the final determination that includes the name of the child involved in the alleged incident and the reasons for the agency's determination that the person who is the subject of the final determination has abused or neglected the child.

(b) Information on appealing the final determination, including all of the following:

1. To receive a contested case hearing under ch. 227 , Stats. , the person shall file a request for a hearing with the division of hearings and appeals within 10 days after the date of the notice.

2. Materials may be submitted to the division of hearings and appeals by mail, personal service, inter-departmental mail, or fax. The date of filing shall be one of the following:

a. Materials mailed to the division of hearings and appeals shall be considered filed on the date of the postmark. If the postmark date is illegible or absent, the filing date shall be the date of receipt by the division of hearings and appeals.

b. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received by the division of hearings and appeals.

c. Materials transmitted to the division of hearings and appeals by facsimile shall be considered filed or served on the division or the administrative law judge on the date and at the time that is imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received after midnight local time shall be deemed filed on the first following business day.

3. A person who is the subject of a final determination may request that the division of hearings and appeals expedite the person's appeal if any of the following apply:

a. The person currently has, or has applied for, a license, certification, certificate of approval, or registration that may be revoked or denied as provided in s. 48.685 or 50.065 , Stats.

b. The person is currently employed by or contracts with, or the person is actively engaged in seeking employment or a contract with, an entity for duties subject to the background check requirements under s. 48.685 or 50.065 , Stats.

c. The person is enrolled in an academic program that leads to license, certification, or employment or contract position that will be subject to the background check requirements under s. 48.685 or 50.065 , Stats., and the person can be expected to complete the academic program within 150 days after the date of his or her request for a hearing with the division of hearings and appeals.

4. A person who requests that the division of hearings and appeals expedite his or her appeal shall indicate the request on his or her request for a hearing and provide documentation that a qualifying condition under subd. 3. applies to him or her.

5. The division of hearings and appeals shall commence the hearing within 90 days after receipt of the request for hearing, unless any of the following apply:

a. The hearing is rescheduled on the request of the person requesting the hearing.

b. The contested case proceeding is held in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 , Stats., based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 , Stats., based on the alleged abuse or neglect.

6. The division of hearings and appeals shall issue a final decision within 60 days after the close of the hearing.

7. Judicial review of the final decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227 , Stats.

(c) Information on background checks under ss. 48.685 and 50.065 , Stats., including all of the following:

1. A final determination that the person abused or neglected a child is a bar to certain licenses, employment, residence, and other specified actions involving an entity or person that is covered by the background check requirements in s. 48.685 or 50.065 , Stats.

2. The person may request a review to demonstrate that he or she has been rehabilitated.

3. Rehabilitation may be denied, approved for all actions that would otherwise be barred by the final determination under s. 48.685 or 50.065 , Stats., or limited to approval for specified actions only.

(4)  

(a) The division of hearings and appeals shall consider the date of filing of a person's request for a hearing to be the date determined under sub. (3) (b) 2.

(b) The division of hearings and appeals shall provide an expedited hearing and final decision for a person who meets a condition in sub. (3) (b) 3. as soon as practicable.

History: EmR1427 : emerg. cr., eff. 1-1-15; CR 14-072 : cr. Register June 2015 No. 714 , eff. 7-1-15.

Note

The address for the Division of Hearings and Appeals is 5005 University Avenue, Room 201, Madison, Wisconsin, 53705-5400. The fax number of the division is [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on the rehabilitation review process is in ch. DHS 12 . Microsoft Windows NT 6.1.7601 Service Pack 1