DHS 88.03(6)(e)4.4. The licensee, a service provider or any other person living in the adult family home or who has contact with residents is the subject of a current investigation of alleged abuse or neglect of a resident. DHS 88.03(6)(f)(f) Injunction. Pursuant to s. 50.033 (5), Stats., a licensing agency may commence an action in circuit court to enjoin the operation of an adult family home that is not licensed under this chapter or that is licensed and has repeatedly used methods of operation in substantial violation of this chapter, or that endangers the health, safety or welfare of any adult receiving care and maintenance in the home. DHS 88.03(6)(g)1.1. A licensing agency shall provide an adult family home with written notice of any sanction to be imposed on the adult family home. The notice shall include: DHS 88.03(6)(g)1.a.a. The grounds for a sanction based on an investigation made by the licensing agency. DHS 88.03(6)(g)1.b.b. An explanation of the types of sanctions that the licensing agency is imposing under this section. DHS 88.03(6)(g)2.a.a. That a person stop conducting, maintaining or operating an adult family home if the adult family home is without a valid license. DHS 88.03(6)(g)2.b.b. That a licensee stop violating any provision of its license or of this chapter. DHS 88.03(6)(g)2.c.c. That a licensee submit a plan of correction under par. (a) for violation of any provision of its license or of this chapter. DHS 88.03(6)(g)2.d.d. That a licensee implement and comply with a plan of correction previously submitted by the licensee and approved by the licensing agency. DHS 88.03(6)(g)2.e.e. That a licensee implement and comply with a plan of correction developed by the licensing agency. DHS 88.03(6)(g)2.f.f. That a licensee accept no additional residents until all violations are corrected. DHS 88.03(6)(g)2.g.g. That a licensee provide or secure training in one or more specific areas for the licensee or service provider. DHS 88.03(6)(h)(h) Penalties. Pursuant to s. 50.033 (6), Stats., any person who violates s. 50.033, Stats., or this chapter may be fined not more than $500 or imprisoned for not more than one year in the county jail or both. DHS 88.03(7)(a)(a) Any person whose application for a license is denied under sub. (3) or revoked under sub. (6) (d) or suspended under sub. (6) (e) may request a hearing on that decision under s. 227.42, Stats. DHS 88.03(7)(b)(b) A request for a hearing shall be in writing, shall be filed with the department of administration’s division of hearings and appeals and shall be sent to that office so that it is received there within 10 days after the date of the notice under sub. (3), (4) or (6) (d). DHS 88.03 NoteNote: A request for a hearing should be submitted to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.
DHS 88.03(8)(a)(a) The licensee shall comply with all department and licensing agency requests for information about the residents, services or operation of the home. DHS 88.03(8)(b)(b) A licensing agency and service coordinator may, without notice, visit a home at any time to evaluate the status of resident health, safety or welfare or to determine if the home continues to comply with this chapter. The licensee shall permit the licensing agency and service coordinator to enter the home. DHS 88.03(8)(c)(c) A licensing agency may require a licensee to request fire, health, sanitation or safety officials to inspect the home and premises to assist in evaluating the safety of the home. Any inspection shall be at the licensee’s expense. DHS 88.03 HistoryHistory: Cr. Register, January, 1996, No. 482, eff. 2-1-96; am. (2) (a), (b) 1., (c), (3) (d), (7) (a), r. and recr. (4), Register, August, 2000, No. 536, eff. 9-1-00; CR 07-042: cr. (4) (c) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) (d) and (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 88.04DHS 88.04 Licensee and service provider. DHS 88.04(1)(a)(a) A licensee shall be at least 21 years of age and shall be physically, emotionally and mentally capable of providing care for residents of the adult family home.