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Standards and Procedures for Denial of License

The decision to issue or deny a license is based on the following standards as stated in Wis. Admin Code PI 34.35 (7):

  • The state superintendent shall deny, refuse to renew or refuse to revalidate a license based on liability in delinquent taxes as certified by Department of Revenue – Wis. Stat. 118.19 (1m)(a) and (b)
  • The state superintendent shall deny, refuse to renew or refuse to revalidate a license based on delinquency in making court-ordered payments of child or family support as certified by department of children and families – Wis. Stat. 118.19 (1r)(a) and (b)
  • The state superintendent shall deny a license based on certain convictions – Wis. Stat 118.19 (4)
  • The state superintendent shall deny a license to a person who has not met the requirements of licensure as provided in Wis. Admin Code PI 34.35 and Wis. Stat. 118.19.
  • The state superintendent may deny, refuse to renew or refuse to revalidate a license to a person who has engaged in immoral conduct or incompetence.
  • The state superintendent may deny licensure to a person whose license has been revoked by another state.
  • The state superintendent may deny or refuse to renew a license to a person who has provided a false, inaccurate, or incomplete application.

If the DPI denies a license, the applicant will be notified, in writing, of the decision. The applicant has a right to request an administrative hearing within 30 days of the date of denial by submitting in writing to the State Superintendent:

  1. Applicant’s name and address
  2. The type of license for which the applicant has applied.
  3. The reason the applicant is requesting a license.
  4. The facts which the applicant intends to prove at the hearing to support the request for the license.  
  5. A description of the mistake the applicant believes was made, if the applicant claims that the denial of license is based on a mistake in fact or law.

At the hearing, the applicant will have the burden of proving why the department’s denial of licensure was improper, inaccurate, or otherwise wrong. The hearing will be conducted as a Class 1 Public Hearing, under Wis. Stat. 227.01 (3).

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