DHS 105.14(2)(c)3.e. e. A conviction or pending criminal charge which substantially relates to the care of adults or minors, to the funds or property of adults or minors, or to the operation of a residential or health care center.

DHS 105.14(2)(c)4. 4. The financial history and the financial viability of the applicant or the applicant’s organization, including any outstanding debts, fees, or fines due to the department or other government agencies.

DHS 105.14(2)(d) (d) Department action.

DHS 105.14(2)(d)1. 1. Within 70 days of receipt of a complete application, the department shall review the application and either approve or deny certification of the ADCC.

DHS 105.14(2)(d)2. 2. A certification issued by the department shall be only for the premises and operator named in the application. A certification may not be transferred or assigned to another operator without following the change of ownership provisions in par. (i).

DHS 105.14(2)(d)3. 3. A certification is valid until suspended or revoked by the department.

DHS 105.14(2)(d)4. 4. The department shall deny a certification to any applicant who does not substantially comply with any provision of this chapter or ch. 49, Stats., who is not deemed fit and qualified as specified in par. (c), or who has failed to pay any fee or any outstanding amounts due to the department.

DHS 105.14(2)(d)5. 5. The department shall provide the reasons for denial and the process for appeal of the denial in writing to the applicant.

DHS 105.14(2)(e) (e) Monitoring after certification. The department shall conduct periodic inspections of the ADCC during the period of certification and may, without notice to the operator, visit an ADCC at any time to determine if the ADCC is compliant with this section. The operator shall be able to verify compliance with this section and shall provide the department access to the ADCC, its staff, each participant, and records.

DHS 105.14(2)(f) (f) Biennial reporting and fees. Every 24 months, on a date determined by the department, the operator shall submit a biennial report on the form provided by the department, and shall submit payment of the certification continuation fees.

DHS 105.14(2)(g) (g) Sanctions for noncompliance.

DHS 105.14(2)(g)1. 1. ‘Notice of violation.’ The department shall issue a written notice of violation when it finds that an ADCC is in violation of this section or with any federal, state, or local laws and codes that govern the operation of the ADCC. The notice shall explain the grounds for the notice of violation, the sanction to be imposed, if any, and, if certification is suspended or revoked, and the process for an appeal.

DHS 105.14(2)(g)2. 2. ‘Plan of correction.’ An ADCC may submit a written plan of correction to the department within 10 days after the date of receipt of the notice of violation.

DHS 105.14(2)(g)3. 3. ‘Suspension.’ The department may summarily suspend the ADCC’s certification following procedures in ch. 227, Stats., when the department finds that participant health, safety or welfare requires emergency action.

DHS 105.14(2)(g)4. 4. ‘Revocation.’ The department may revoke the ADCC’s certification whenever the department finds that the ADCC has failed to maintain substantial compliance with one or more of the requirements set forth in this section.

DHS 105.14(2)(h) (h) Appeals.

DHS 105.14(2)(h)1. 1. Any person whose application for certification is denied under par. (d) or suspended or revoked under par. (g) 3. or 4. may request a hearing on that decision in accordance with s. 227.42, Stats.

DHS 105.14(2)(h)2. 2. A request for hearing shall be made in writing to the department of administration’s division of hearings and appeals. The request for a hearing must be received by the division of hearings and appeals within 10 days of the department’s written notice of certification denial under par. (d) 5., suspension under par. (g) 3., or revocation under par. (g) 4.

DHS 105.14(2)(i) (i) Change of ownership.

DHS 105.14(2)(i)1. 1. When an ADDC seeks a change of ownership, the transferee shall submit a complete application for certification as required under par. (a) 2. at least 30 days prior to the change of ownership.

DHS 105.14(2)(i)2. 2. If a participant is given less than 30 days’ notice of the change of ownership, neither the transferor nor the transferee may enforce any advanced notice requirements for discharge as specified in any participant’s enrollment agreement.

DHS 105.14(2)(i)3. 3. The transferor shall notify the department within 30 days before a change of ownership of an ADCC and shall include the name and contact information of the transferee.

DHS 105.14(2)(i)4. 4. The transferor remains responsible for the operation of the ADCC until the department issues a certification to the transferee.

DHS 105.14(2)(i)5. 5. The transferor shall disclose to the transferee any waiver or variance granted by the department under sub. (1) (c), or outstanding deficiencies.

DHS 105.14(2)(i)6. 6. Any violation reported in a department inspection report shall be corrected prior to the change of ownership. Any correction must be verified by the department prior to the issuance of the certification to the transferee.

DHS 105.14(2)(i)7. 7. The department shall issue a certification only for the premises and persons named in the certification application. A certification may not be transferred or reassigned without following the change of ownership provisions in this paragraph.

DHS 105.14(2)(j) (j) ADCC closure.

DHS 105.14(2)(j)1. 1. An ADCC that intends to close shall notify the department, each participant or legal representative, and case manager, if any, in writing at least 30 days before closing and comply with the discharge requirements under sub. (5) (c).

DHS 105.14(2)(j)2. 2. The ADCC shall surrender the certification to the department when the ADCC closes.