DCF 57.57(2) (2) If the department determines that circumstances which caused the action in sub. (1) require the immediate relocation of the residents, the department shall order the licensee orally and in writing to relocate the residents to suitable housing and to notify for each resident, the placing agency and parent or guardian within 24 hours after relocating the resident into that housing.

DCF 57.57(3) (3) Within 72 hours after the order in sub. (1), the department shall either permit the reopening of the group home or proceed to revoke the group home’s license.

DCF 57.57(4) (4) The division of hearings and appeals shall hold a preliminary hearing within 10 working days after the effective date of the order in sub. (1) to determine if the license should remain suspended during revocation proceedings. The division of hearings and appeals shall give written notice of the hearing to the licensee and the department.

DCF 57.57 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.58 DCF 57.58 Appeal procedure.

DCF 57.58(1) (1) Except as provided in subs. (3) and (4), a department decision to deny, refuse to renew, or revoke a license or to issue an order or decision affecting the licensee under s. 48.64 or 48.715, Stats., may be reviewed under ch. 227, Stats.

DCF 57.58(2) (2) A request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the 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.

DCF 57.58 Note 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 [phone]. A copy of the request should be sent to the appropriate field office listed in Appendix A.

DCF 57.58(3) (3) An appeal of a denial or revocation based on a certification by the department of failure to pay court-ordered payments of support or failure to comply with a subpoena or warrant issued by the department shall be filed pursuant to s. 49.857, Stats.

DCF 57.58(4) (4) An appeal of a denial, refusal to renew or revocation of a license based on a certification of tax delinquency from the department of revenue shall be filed within 30 days after the date on which the notice of denial, refusal to renew, or revocation as required under s. 73.0301 (2) (b) 1. b., Stats.

DCF 57.58 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1106: emerg. am. (3), eff. 9-16-11; CR 11-026: am. (3) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. am. (2), eff. 11-18-16; CR 16-051: am. (2) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.59 DCF 57.59 Complaints. Any person having a complaint about a licensed group home or a group home operating without a license may submit that complaint to the department by telephone, facsimile, electronic mail, letter or personal interview. A department licensing representative shall investigate each complaint. The department shall send a written report of the findings of that investigation to the complainant upon request.

DCF 57.59 Note Note: A complaint should be sent, phoned or delivered to the regional field office listed in Appendix A that serves the group home.

DCF 57.59 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

subch. VII of ch. DCF 57 Subchapter VII — Rate Regulation

DCF 57.60 DCF 57.60 Rate determination.

DCF 57.60(1) (1) The department shall determine the maximum per client rate that each group home may charge for costs associated with room, board, administration, service provision, and oversight of youth in the group home based on all of the following:

DCF 57.60(1)(a) (a) A maximum per client rate determined by the department that no group home may exceed.

DCF 57.60(1)(b) (b) A per client rate that the department determines is appropriate for each group home based on the reasonable and necessary costs of the services provided by that group home.

DCF 57.60(2) (2) A group home shall charge all Wisconsin public purchasers the same rate for the same services.

DCF 57.60 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.61 DCF 57.61 Allowable costs. In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

DCF 57.61(1) (1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

DCF 57.61(2) (2) Reserves or profit as allowed under the following:

DCF 57.61(2)(a) (a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

DCF 57.61(2)(b) (b) For proprietary group homes, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

DCF 57.61(2)(b)1. 1. The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.

DCF 57.61(2)(b)2. 2. The expenses method is 10 percent of allowable operating costs for the year.

DCF 57.61 Note Note: Further explanation is available in the department’s Allowable Cost Policy Manual, which is available in the Partner Resources/Grants and Contract Administration section of the department’s website at http://dcf.wisconsin.gov.