(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.
Note: The mailing address is Division of
Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875. The street address
is 4822 Madison Yards Way, Madison, WI 53705. The fax number is (608)
264-9885.
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,
48.686,
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 or a child care program for duties
subject to the background check requirements under s.
48.685,
48.686,
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 the request for a hearing with the division of
hearings and appeals.
4.
A person who requests that the division of hearings and appeals expedite the
appeal shall indicate the request on the request for a hearing and provide
documentation that a qualifying condition under subd. 3. applies.
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,
48.686,
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, child care program, or person that is covered by the background
check requirements in s.
48.685,
48.686,
or
50.065,
Stats.
2. The person may request a
review to demonstrate that the person 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,
48.686,
or
50.065,
Stats., or limited to approval for specified actions only.
Note: Chapter DCF 12 contains information on the
rehabilitation review process under s.
48.685,
Stats. Chapter DCF 13 contains information on the rehabilitation review process
under s.
48.686,
Stats. Chapter DHS 12 contains information on the rehabilitation review process
under s.
50.065,
Stats.