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Daycare and Taxes>License Application Denied. How do I Write an Appeal letter? Do I Need an Attorney?
Mariehouse 04:24 PM 09-15-2011
I am certified to operate a family home daycare in WI. I submitted my license application and I received a certified letter from the State saying that my license application was denied because I had falsified information on my Background check form. Licensing said my license application has been denied because I had checked "NO" to question #1 on the Background Disclosure Form, and I was convicted of Obstructing an Officer and charged with a misdemeanor (8 years ago). I had completely forgotten about this incident (I had lied to a police officer). Even if I had remembered this charge, I wouldnt have checked "YES" because this isnt a conviction that's listed on the "List of Child Care Crimes Table" form! This "Crime Table" form lists the crimes that may ban a person from holding a license to operate a child care center in WI.
My denial form also states that because I falsified information on the Background disclosure Form that I am now permanently barred from obtaining a daycare license! I now have 10 days to appeal! Should I appeal on my own? Should I get a lawyer? (I cant afford a lawyer!) Do I have a chance to win this? Someone please help me get my license! This is so unfair!
This is how the background form was laid out:
SECTION A- ACTS, CRIMES AND OFFENSES
THAT MAY ACT AS A BAR OR RESTRICTION YES NO
1. Do you have any criminal charges pending against you or
were you ever convicted of any crime anywhere, including
in federal, state, military and tribal courts? x
...I answered question #1 exactly the same for licensing as I did for certification. My certifier did a background check and I was certified without a problem, but my licensor did the same background check and denied me. I spoke to my certifier and she said that she must have overlooked this conviction and she will probably have to revoke my certification! After my certifier took time to speak with her boss, she informed me that my certification would NOT be revoked, but she cant change the licensing department's decision.
My denial form also states that because I falsified information on the Background disclosure Form that I am now permanently barred from obtaining a daycare license! I now have 10 days to appeal! Should I appeal on my own? Should I get a lawyer? (I cant afford a lawyer!) Do I have a chance to win this? Someone please help me get my license! This is so unfair!
This is how the background form was laid out:
SECTION A- ACTS, CRIMES AND OFFENSES
THAT MAY ACT AS A BAR OR RESTRICTION YES NO
1. Do you have any criminal charges pending against you or
were you ever convicted of any crime anywhere, including
in federal, state, military and tribal courts? x
...I answered question #1 exactly the same for licensing as I did for certification. My certifier did a background check and I was certified without a problem, but my licensor did the same background check and denied me. I spoke to my certifier and she said that she must have overlooked this conviction and she will probably have to revoke my certification! After my certifier took time to speak with her boss, she informed me that my certification would NOT be revoked, but she cant change the licensing department's decision.
Michael 05:43 PM 09-15-2011
In my opinion you should appeal it on your own since you can't afford a lawyer. Just explain that the misdemeanor was something you had forgotten. Hope it all works out for you.
Here is another thread regarding a revoked license https://www.daycare.com/forum/showthread.php?t=28506
Oh, and welcome the forum.
Here is another thread regarding a revoked license https://www.daycare.com/forum/showthread.php?t=28506
Oh, and welcome the forum.
Mariehouse 06:24 PM 09-15-2011
Thank you, Michael! I only found 1 attorney that has said they would be able to help. They want $250 for the 1st consultation and dont have a payment plan, so looks like I will have to fight this on my own. I'm worried to do this alone, because if they still deny my license application again I'll never be able to hold a license because of the permanent bar!
Michael 06:27 PM 09-15-2011
Originally Posted by Mariehouse:
Thank you, Michael! I only found 1 attorney that has said they would be able to help. They want $250 for the 1st consultation and dont have a payment plan, so looks like I will have to fight this on my own. I'm worried to do this alone, because if they still deny my license application again I'll never be able to hold a license because of the permanent bar!
Seems a but harsh, It wasn't as though you had a felony and you could have misunderstood the question or forgotten the insident. Did they give you instructions for the appeal?Thank you, Michael! I only found 1 attorney that has said they would be able to help. They want $250 for the 1st consultation and dont have a payment plan, so looks like I will have to fight this on my own. I'm worried to do this alone, because if they still deny my license application again I'll never be able to hold a license because of the permanent bar!
Mariehouse 09:15 PM 09-15-2011
Yes, the denial letter said if I would like to appeal the decision, I must send a written request for a hearing within 10 days after the date I receive the Department's Notice of Denial.
I have been trying to write this appeal letter, however, I am a bit of a perfectionist and can't seem to find the right words. I have been searching for an appeal template to make sure I'm doing this right, but I haven't been able to find one that has to do with a daycare license denial.
Michael, would you have any suggestions you could provide me on what to write in my appeal letter?
I really appreciate your time and feedback!
I have been trying to write this appeal letter, however, I am a bit of a perfectionist and can't seem to find the right words. I have been searching for an appeal template to make sure I'm doing this right, but I haven't been able to find one that has to do with a daycare license denial.
Michael, would you have any suggestions you could provide me on what to write in my appeal letter?
I really appreciate your time and feedback!
TomCopeland 12:02 PM 09-16-2011
Technically, the correct answer to this question for you is yes, because you were convicted of a crime. The fact that it's not listed as a crime that would disqualify you from getting a license should help you on your appeal.
Simply say in your appeal letter that you forgot about the conviction that occurred 8 years ago. Also, state that the crime is not listed in the table you referred to.
Simply say in your appeal letter that you forgot about the conviction that occurred 8 years ago. Also, state that the crime is not listed in the table you referred to.