DCF 13.09(2)(a)(a) To submit an appeal of an ineligibility determination under s. DCF 13.06 (3), the subject of a background check shall submit a completed petition for appeal form prescribed by the department to the department’s postal address, email address, or fax number that is identified in the statement of appeal rights. DCF 13.09(2)(b)(b) An appeal under sub. (1) may be submitted no later than 10 days after the date of the department’s ineligibility determination, unless the subject requests, and the department grants for good cause shown, an extension for a specific period of time prior to the expiration of the 10-day appeal period. DCF 13.09(2)(c)(c) If an appeal is not received under sub. (1) within 10 days after the department’s ineligibility determination and an extension has not been approved before the expiration of the 10-day appeal period, the department’s ineligibility determination made under s. DCF 13.06 (3) is final. DCF 13.09 NoteNote: Form DCF-F-5331-E, Petition for Appeal of Ineligibility Determination, is available in the forms section of the department website, http://dcf.wisconsin.gov. Send the appeal request to the Department of Children and Families, Child Care Background Unit, P.O. Box 8916, Madison, WI 53708-8916; email DCFPlicBECRCBU@wisconsin.gov; or fax (608) 422-7155. DCF 13.09(3)(a)(a) The department shall notify the subject of the background check that his or her appeal request under sub. (2) has been received within 7 business days after receipt. DCF 13.09(3)(b)(b) The department shall review each timely appeal request under sub. (2) and issue a written appeal decision within 30 days after receiving the appeal request. The decision notice shall include information on the right to another appeal by requesting a reconsideration under sub. (4). DCF 13.09 NoteNote: Send the reconsideration request to the Department of Children and Families, Assistant Secretary, P.O. Box 8916, Madison, WI 53708-8916; email DCFMBChildcareEligibilityAppeals@wisconsin.gov; or fax (608) 422-7161. DCF 13.09(4)(a)(a) The subject of the background check may request a reconsideration of the department’s appeal decision under sub. (3). A request for reconsideration shall be sent to the postal address, email address, or fax number identified in the appeal decision within 30 days after the date on the decision. DCF 13.09(4)(b)(b) The department secretary or the secretary’s designee shall review a reconsideration request under par. (a) and issue a written decision. The reconsideration decision shall include information on the right to another appeal by requesting a contested case hearing under sub. (5). DCF 13.09(5)(5) Contested case hearing. The subject of the background check who receives an adverse decision from the department secretary or the secretary’s designee under sub. (4) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the department’s reconsideration decision. DCF 13.09 NoteNote: Send a request for a contested case hearing to the Division of Hearings and Appeals, 4822 Madison Yards Way, PO Box 7875, Madison, Wisconsin, 53707-7875. The fax number of the division is (608) 264-9885.
DCF 13.09 HistoryHistory: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) (b), (c) Register July 2020 No. 775, eff. 8-1-20. DCF 13.10DCF 13.10 Rehabilitation reviews by agency. An agency may conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.686 (5) (a), Stats., and s. DCF 13.11 and is any of the following: DCF 13.10(2)(2) A person who is, or is expected to be, a caregiver specified in s. DCF 13.02 (4) (a) or (b) for a child care program that is regulated by the agency. DCF 13.10(3)(3) A person who is, or is expected to be, a household member at a child care program that is regulated by the agency. DCF 13.10(4)(4) A person who is, or is expected to be, a noncaregiver employee for a child care program that is regulated by the agency. DCF 13.10 HistoryHistory: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (3), cr. (4) Register July 2020 No. 775, eff. 8-1-20. DCF 13.11DCF 13.11 Eligibility for rehabilitation review. DCF 13.11(1)(1) Except as provided under sub. (2), a person may have the opportunity to demonstrate his or her rehabilitation if any of the following apply: DCF 13.11(1)(b)(b) The person has been convicted or adjudicated delinquent of a serious crime as specified under s. 48.686 (1) (c) 9., Stats., or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in s. 48.686 (1) (c) 9., Stats., if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under s. 48.686 (2) (am), Stats. DCF 13.11(2)(2) A person may not have the opportunity to demonstrate his or her rehabilitation if within the preceding 12 months an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or status as a household member with the same level of direct contact with clients or unsupervised access to clients. DCF 13.11 HistoryHistory: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (intro.), (2) Register July 2020 No. 775, eff. 8-1-20. DCF 13.12DCF 13.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 13.11 shall do all of the following: DCF 13.12(1)(1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the agency.