DHS 85.04(3)(f) (f) Any other information requested by the department.

DHS 85.04(4) (4) Department decision.

DHS 85.04(4)(a) (a) The department shall grant or deny each request for waiver or variance in writing. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.

DHS 85.04(4)(b) (b) The terms of a requested variance may be modified upon agreement between the department and the corporate guardian.

DHS 85.04(4)(c) (c) The department may impose conditions on the waiver or variance which it deems necessary.

DHS 85.04(4)(d) (d) The department may limit the duration of a waiver or variance.

DHS 85.04(5) (5) Hearings.

DHS 85.04(5)(a) (a) Denial of a request for a waiver or variance may be contested by requesting a hearing as provided by ch. 227, Stats.

DHS 85.04(5)(b) (b) The applicant shall sustain the burden of proving that the denial of a waiver or variance was unreasonable.

DHS 85.04(6) (6) Revocation. The department may revoke a waiver or variance for any of the following reasons:

DHS 85.04(6)(a) (a) The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the wards.

DHS 85.04(6)(b) (b) The guardian has failed to comply with the waiver or variance as granted.

DHS 85.04(6)(c) (c) The guardian notifies the department in writing of the desire to relinquish the waiver or variance and be subject to the requirement previously waived or varied.

DHS 85.04(6)(d) (d) Revocation is required by a change in law.

DHS 85.04 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

subch. II of ch. DHS 85 Subchapter II — Approvals

DHS 85.05 DHS 85.05 Application. In this chapter: Only a private nonprofit corporation or an unincorporated association may apply to the department for a determination that the corporation or association is suitable to perform the duties of a guardian. A corporation or association applying for such a determination shall apply to the department on an application form provided by the department. The applicant shall submit the completed application and all of the following to the department:

DHS 85.05(1) (1) The filed endorsement of the Articles of Incorporation submitted to the Wisconsin department of financial institutions, if applicable.

DHS 85.05(2) (2) A copy of the applicant’s written grievance procedure for use by wards and interested parties.

DHS 85.05(3) (3) A business plan that includes staffing projections.

DHS 85.05(4) (4) A statement agreeing in writing to submit such reports and answer such questions as the department shall require in monitoring a corporate guardian.

DHS 85.05(5) (5) Any additional information requested by the department.

DHS 85.05 Note Note: Copies of the application form can be obtained at http://www.dhs.wisconsin.gov/rl_DSL/CorptGuardn/CGforms.htm.

DHS 85.05 History History: CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.

DHS 85.06 DHS 85.06 Criteria for approval. The department may not approve an applicant until the department determines the applicant is fit and qualified to receive a determination of suitability to perform the duties of a corporate guardian. In determining whether an applicant is fit and qualified, the department may consider all of the following:

DHS 85.06(1) (1) Compliance history with Wisconsin’s or any other state’s licensing requirements and with any federal certification requirements, including any license revocation or denial.

DHS 85.06(2) (2) Arrest history and criminal record, including any of the following:

DHS 85.06(2)(a) (a) Crimes or acts involving abuse, neglect or mistreatment of a person or misappropriation of property of the person.

DHS 85.06(2)(b) (b) Crimes or acts related to the manufacture, distribution, prescription, use, or dispensing of a controlled substance.