DHS 12.12(4)(d)4.4. Any pending or existing criminal or civil arrest warrants, civil judgments or other legal enforcement actions or injunctions against the person. DHS 12.12(4)(d)5.5. Any aggravating or mitigating circumstances surrounding the crime, act or offense. DHS 12.12(4)(d)6.6. Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living. DHS 12.12(4)(d)7.7. The amount of time between the crime, act or offense and the request for rehabilitation review, and the age of the person at the time of the offense. DHS 12.12(4)(d)8.8. Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction. DHS 12.12(4)(d)10.10. Employment history, including evidence of acceptable performance or competency in a position and dedication to the person’s profession. DHS 12.12(4)(d)11.11. The nature and scope of the person’s contact with clients in the position requested. DHS 12.12(4)(d)12.12. The degree to which the person would be directly supervised or working independently in the position requested. DHS 12.12(4)(d)13.13. The opportunity presented for someone in the position to commit similar offenses. DHS 12.12(4)(d)15.15. Successful participation in or completion of recommended rehabilitation, treatment or programs. DHS 12.12(5)(a)(a) Review panel decision. The review panel shall decide whether to approve, defer, or deny rehabilitation approval, and shall issue a written decision to that effect, as follows: DHS 12.12(5)(a)1.1. If the review panel finds sufficient evidence to support rehabilitation approval, the decision shall indicate, as applicable, whether the person is eligible for regulatory approval, employment as a caregiver, or contracting with or residency at an entity. The decision shall describe the scope of the rehabilitation approval and state any conditions or limitations placed on the approval, such as whether the approval is only for employment doing certain job functions or the eligibility for regulatory approval is only to operate certain entity types. DHS 12.12(5)(a)2.2. If the review panel decides to defer a rehabilitation decision, the panel decision shall state the reasons for the deferral. Unless otherwise agreed to by the requester, the panel may defer a final decision for a period of not more than 6 months from the initial decision date. DHS 12.12(5)(a)3.3. If the review panel decides to deny approval of the rehabilitation request, the decision shall explain the reasons for the denial and inform the requester that he or she may appeal the decision as described in s. 48.685 (5c) or 50.065 (5c), Stats., as applicable, by filing a written request for review of the decision within 10 days of receipt. DHS 12.12 NoteNote: Pursuant to s. 48.685 (5c), Stats., or 50.065 (5c), Stats., submit an appeal to the following, as appropriate: 1. To appeal a department denial of a rehabilitation approval, send the appeal request to the Department of Health Services, Office of Legal Counsel, P.O. Box 7850, Madison, WI 53707-7850. 2. To appeal a school board denial of a rehabilitation approval, send the appeal request to the Superintendent of the Department of Public Instruction, 125 South Webster St., Madison, WI 53703; or call 608-266-3390. 3. To appeal a county denial of a rehabilitation approval, send the appeal request to the appropriate county. When any of the preceding rehabilitation appeals are denied, a further appeal is available under ch. 227, Stats. Send a request for a ch. 227, Stats., hearing to appeal any of the preceding department, department of public instruction or county denials of rehabilitation appeals to the Division of Hearings and Appeals, P. O. Box 7875, Madison, WI 53707-7875. The request may be delivered in person to that office at 5005 University Avenue, Suite 201, Madison, Wisconsin. DHS 12.12 NoteNote: Any person who is listed in the department’s caregiver misconduct registry under ch. DHS 13 as having a substantiated finding of abuse or neglect of a client or misappropriation of a client’s property as the result of an action the person took while working as a nurse aide in a federally certified nursing home or intermediate care facility for individuals with intellectual disabilities (ICF/IID) is permanently prohibited from being employed, in any capacity, in a federally–certified nursing home or a federally–certified ICF/IID. If such a person obtains a rehabilitation approval, the person is eligible to be considered for regulatory approval, for employment as a caregiver, or for non-client residency at or contracting with other entities covered by ss. 50.065 and 48.685, Stats. See 42 CFR 483.13 and 483.420 for federal regulations relating to nurse aides. DHS 12.12(5)(b)(b) Burden of proof. A person who appeals under par. (a) 3. shall bear the burden of proving, by a preponderance of the evidence, that the agency or tribe abused its discretion in deciding that the person did not show sufficient evidence to support rehabilitation approval. DHS 12.12(5)(c)(c) Review panel decision distribution. The review panel shall send its decision to the requester and a copy, if appropriate, to the entity. If the agency conducting the rehabilitation review is other than the department or a tribe, the review panel shall also, within 10 days of sending its decision, send a completed copy of the department’s required reporting form regarding any rehabilitation decision to the department. If the entity conducting the rehabilitation review is a tribe, the review panel shall also send a copy of the decision to the same address accompanied by a copy of the requester’s application materials. DHS 12.12 NoteNote: Rehabilitation decisions should be addressed to the Office of Legal Counsel, Department of Health Services, P. O. Box 7850, 1 W. Wilson St., Room 651, Madison, WI 53707-7850.
DHS 12.12(5)(d)(d) Maintaining rehabilitation decision documentation. The review panel shall maintain a file containing a copy of the original written decision and any decisions from filed appeals that may result. The agency or tribe shall maintain in the file the rehabilitation review request and all materials or information obtained or notes made as part of the rehabilitation review decision. DHS 12.12(6)(6) Rehabilitation approval compliance and withdrawals. DHS 12.12(6)(a)(a) Approval conditions. A person who receives rehabilitation approval shall comply with all conditions and limitations imposed with that approval. DHS 12.12(6)(b)(b) Rehabilitation approval violation — mandatory withdrawal. An agency or tribe that has granted a person a rehabilitation approval shall withdraw the approval if the agency or tribe learns that the person is no longer eligible under s. 50.065 (4m) (a) or (b), or 48.685 (4m) (a) or (b), Stats., for regulatory approval, to be employed as a caregiver, or to contract with or reside at an entity. DHS 12.12(6)(c)(c) Rehabilitation approval violation—summary suspension. An agency or tribe that granted a person a rehabilitation approval may immediately temporarily rescind the rehabilitation approval when the agency or tribe has knowledge that the person has done either of the following: