Wis. Admin. Code Department of Public Instruction PI 34.103

Current through October 28, 2024
Section PI 34.103 - Denials
(1) WHEN ISSUED.
(a) The state superintendent shall deny an application as provided under s. 118.19(1m), (1r), and (4), Stats.
(b) The state superintendent shall deny an application if the applicant has not met the requirements for a license under this chapter or ch. 118, Stats.
(c) The state superintendent may deny an application if any of the following occur:
1. The applicant engaged in immoral conduct or was incompetent.
2. The applicant had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.
3. The applicant provided false, inaccurate, or incomplete information on an application.
(2) NOTICE. If the state superintendent denies an application under sub. (1), the state superintendent shall provide written notice to the applicant of the decision. The notice shall inform the applicant of the legal and factual basis for denying the application, and that the applicant may request a hearing within 30 days following receipt of the denial. Receipt of the denial is presumed to be on the third day following service, unless this presumption is rebutted by a preponderance of the evidence.
(3) REQUEST FOR A HEARING. If the state superintendent denies an application under this section, the applicant may request a hearing by serving the state superintendent with a written request containing all of the following:
(a) The applicant's name.
(b) The type of license for which the applicant has applied.
(c) The reasons why the applicant requests a hearing.
(d) The facts which the applicant intends to prove at the hearing.
(e) A description of the mistake the applicant believes was made, if the applicant claims that the denial of the license is based on a mistake of fact or law.
(4) SERVICE. The notice of denial under sub. (2) may be served by mailing a copy to the last known address of the applicant or by any other procedure under s. 801.14(2), Stats. The request for a hearing under sub. (3) may be served by mailing a copy to the state superintendent at the address given on the notice of denial 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 34.103

Adopted by, CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register July 2018 No. 751, eff. 8/1/2018