DHS 89.35(4) (4) Tenants of a residential care apartment complex may file complaints with the department. The department shall maintain a record of all complaints.

DHS 89.35 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; CR 23-046: am. (3) Register April 2024 No. 820, eff. 5-1-24.

DHS 89.36 DHS 89.36 Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a tenant or the tenant’s guardian or designated representative from exercising any of the rights under this subchapter or from filing a grievance or complaint is prohibited. Any form of retaliation against a tenant for exercising his or her rights or filing a grievance or complaint, or against an employee or service provider who assists a tenant in exercising his or her rights or filing a grievance or complaint, is prohibited.

DHS 89.36 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

subch. IV of ch. DHS 89 Subchapter IV — Registration

DHS 89.41 DHS 89.41 Applicability. The provisions of this subchapter apply to a facility which is applying to the department for registration as a residential care apartment complex or which is registered by the department as a residential care apartment complex.

DHS 89.41 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.42 DHS 89.42 Information requirements, application procedure and form. An applicant shall submit a completed application form to the department to initiate the registration process. The application shall be on a form supplied by the department that is signed and dated by the applicant and shall include assurances that the applicant meets the definition and all the requirements for a residential care apartment complex contained in this chapter as well as all applicable federal, state and local statutes, ordinances, rules and regulations.

DHS 89.42 Note Note: To obtain a copy of the application form, contact the Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707. Phone: [phone].

DHS 89.42 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.43 DHS 89.43 Issuance.

DHS 89.43(1) (1) The department shall issue a statement of registration upon receipt of a completed application and assurances.

DHS 89.43(2) (2) Registration shall be issued only for the residential care apartment complex location, owner and operator identified in the application form and is not transferable to any other residential care apartment complex, owner or operator.

DHS 89.43(3) (3) The department may, without notice to the facility, visit the facility at any time to determine if the facility meets the requirements of this chapter. The owner or operator shall be able to verify compliance with this chapter and shall provide the department access to the residential care apartment complex and its staff, tenants and records.

DHS 89.43(4) (4) A registered residential care apartment complex shall notify tenants that, for registered facilities, the department does not routinely inspect facilities or verify compliance with the requirements for residential care apartment complexes and does not enforce contractual obligations under the service or risk agreements.

DHS 89.43 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.44 DHS 89.44 Termination and revocation.

DHS 89.44(1) (1) A residential care apartment complex’s registration terminates whenever any of the following occurs:

DHS 89.44(1)(a) (a) There is a change in ownership.

DHS 89.44(1)(b) (b) The facility discontinues operation.

DHS 89.44(2) (2) A residential care apartment complex shall immediately report to the department any change which would invalidate its registration under sub. (1).

DHS 89.44(3) (3) The department may revoke the registration of a residential care apartment complex which fails to comply with one or more of the requirements of this chapter. In the event of revocation, the department shall provide the residential care apartment complex with prior written notice of the proposed action, the reasons for the action and notice of the opportunity for appeal under s. DHS 89.45.

DHS 89.44(4) (4) A residential care apartment complex shall immediately notify all tenants and tenants’ designated representatives, where appropriate, of any notice of revocation and the reasons for the revocation.

DHS 89.44(5) (5) No person may engage in any form of coercion to prevent a tenant, employee or service provider from filing a complaint about a residential care apartment complex or any form of retaliation against a tenant, employee or service provider for filing a complaint.

DHS 89.44 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.45 DHS 89.45 Appeals.

DHS 89.45(1) (1) If the registration of a facility is revoked under s. DHS 89.44 (3) or, under s. DHS 89.62 (3), the application for registration is denied, the facility may request a hearing on that decision under s. 227.42, Stats.

DHS 89.45(2) (2) A request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date of notice of enforcement action under s. DHS 89.44 (3) or 89.62 (3). An appeal is filed on the date that it is received by the division of hearings and appeals.

DHS 89.45 Note Note: A request for a hearing should be submitted to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.