Section PI 34.102 - Probable cause(1) NOTICE. If the state superintendent determines, based on an investigation under s. PI 34.100, that there is probable cause to revoke a license, the state superintendent shall do all of the following:(a) Promptly issue a notice of probable cause and intent to revoke to the licensee. The notice shall inform the licensee of all of the following: 2. The state superintendent's intent to revoke the license.3. The licensee's right to request a hearing within 30 days following service of the notice.4. Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.(b) Notify the complainant and, if known, the school board or other public or private educational agency employing the licensee in a position requiring a license of the finding of probable cause and the specific charges.(2) REQUEST FOR A HEARING. If the state superintendent issues a notice under sub. (1), the licensee may serve a written request for a hearing to the state superintendent within 30 days following receipt of the notice. Receipt of the notice is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.(3) ANSWER. Within 10 days following the licensee's written request for a hearing under sub. (2), the licensee shall provide an answer to the notice issued under sub. (1). The answer shall contain all of the following: (a) State in short and plain terms the defenses to each cause for revocation asserted.(b) Set forth affirmatively any matter constituting an affirmative defense.(c) Admit or deny each allegation upon which the notice relies as follows:1. If the licensee is without knowledge or information sufficient to form a belief as to the truth of an allegation, the licensee shall so state and this will have the effect of a denial.2. The licensee shall make denials as specific denials of designated allegations or paragraphs, but if the licensee intends in good faith to deny only part of an allegation, the licensee shall specify what part of it is true and material and shall deny only the remainder.3. Specific allegations in the notice are admitted when not specifically denied in the answer.(4) SERVICE. The notice of probable cause and intent to revoke may be served by mailing a copy to the last known address of the licensee or by any other procedure under s. 801.14(2), Stats. A request for hearing may be served by mailing a copy to the state superintendent at the address given on the notice of probable cause and intent to revoke or by any other procedure under s. 801.14(2), Stats. Service by mail is complete upon mailing.Wis. Admin. Code Department of Public Instruction PI 34.102
Adopted by, CR 17-093: cr. Register July 2018 No. 751, eff. 8/1/2018