Wis. Admin. Code Department of Health Services DHS 129.10 - Nurse aide program appeals
(1) SUBJECT OF
APPEAL. Except for the denial of an approval of a nurse aide training or
competency evaluation program under
42
CFR 483.151(b) (2) or (3) or
the withdrawal of approval of a nurse aide training or competency evaluation
program under
42 CFR
483.15(e)(1) or (3), a
health care provider may appeal to the department of administration's division
of hearings and appeals any of the following:
(a) A denial of a request for a waiver or
variance under s.
DHS 129.04(2) or the revocation of a
waiver or variance under s.
DHS 129.04(2)
(c).
(b) A denial of an application for approval
of training program under s.
DHS 129.05(1).
(c) A denial of an application for approval
of a competency evaluation program under s.
DHS 129.08.
(d) A denial of an application under s.
DHS 129.06(3) for approval of a training
course for primary instructors.
(e)
A denial under s.
DHS 129.09(5) of an application to
include a person in the registry.
(f) A suspension or revocation of approval or
the imposition of a plan of correction under s.
DHS 129.05(2) (d) 2
(2) APPEALS OF WAIVER OR VARIANCE APPLICATION
DENIALS. A health care provider may contest the department's denial of a waiver
or variance by requesting a hearing under s.
227.42,
Stats. The request for a hearing shall be filed with the department of
administration's division of hearings and appeals within 10 working days after
receipt of the notice of denial. The request for hearing is considered filed
when the request is received by that division.
(3) ALL OTHER PROGRAM APPEALS. Except as
provided under sub. (2), all appeals filed pursuant to sub. (1) shall be in
writing and shall take the form of a request for a hearing. The request for a
hearing shall be filed with the department of administration's division of
hearing and appeals no later than 30 calendar days after the date of the
denial, suspension or revocation, and is considered filed when received by that
division.
(4) BURDEN OF PROOF. The
program or person shall bear the burden of providing, by the preponderance of
credible evidence, that the department's denial of a requested waiver or
variance was unreasonable.
Notes
The address of the Department of Administration's Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707. Appeals may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin, or faxed to that office at 608-264-9885.
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