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  #1  
Old 09-15-2011, 04:24 PM
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Mariehouse Mariehouse is offline
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Default License Application Denied. How do I Write an Appeal letter? Do I Need an Attorney?

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.
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Old 09-15-2011, 05:43 PM
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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 http://www.daycare.com/forum/showthread.php?t=28506

Oh, and welcome the forum.

Last edited by Michael; 09-15-2011 at 05:45 PM.
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Old 09-15-2011, 06:24 PM
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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!
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Old 09-15-2011, 06:27 PM
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Quote:
Originally Posted by Mariehouse View Post
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?

Last edited by Michael; 09-15-2011 at 06:29 PM.
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Old 09-15-2011, 09:15 PM
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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!
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Old 09-16-2011, 12:02 PM
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Default License denied

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.
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Old 09-19-2011, 06:23 AM
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Does a conviction differ from a plea?

It's always been my understanding that a conviction is a charge a judge convicted you of.

However, if you plead to a lesser charge or were offered a plea agreement or deferred judgement, you were never convicted at all.

For example: My ex husband was charged of 2nd degree theft. Because it was the only trouble he'd ever been in, he received a deferred judgement, it is not on his record, he paid restitution and his charge isn't even traceable or on his record.

So on every job application he's ever had...including working for the post office, he marked no to on the offenses section. It has never come up on a record check and he's never been questioned about it.
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Old 09-19-2011, 11:39 AM
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I am not sure. I honestly plead guilty to the obstructing charge. I hadn't been through
anything like this before, so I didn't know how else to plead when I did indeed lie to the officer. I did mail in a petition to expunge this conviction last week though. I am eligible, but don't know if this will help me at all.

I ended up writing the appeal on my own. I said that I had completely forgotten about the entire incident, however as I understood the directions on the BID form, this charge wouldn't have made me change my answer anyway.

Last edited by Michael; 09-19-2011 at 11:51 AM.
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Old 09-19-2011, 11:51 AM
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Quote:
Originally Posted by Mariehouse View Post
I am not sure. I honestly plead guilty to the obstructing charge. I hadn't been through
anything like this before, so I didn't know how else to plead when I did indeed lie to the officer. I did mail in a petition to expunge this conviction last week though. I am eligible, but don't know if this will help me at all.

I ended up writing the appeal on my own. I said that I had completely forgotten about the entire incident, however as I understood the directions on the BID form, this charge wouldn't have made me change my answer anyway.
Good luck. Hope it gets resolved quickly.
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Old 09-19-2011, 06:55 PM
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Thank you all for your help in this! I will make sure to post updates as they occur.
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  #11  
Old 09-22-2011, 05:36 PM
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Unhappy Family Child Care Home license revoked

I had a family child care home license as a provider. In Christmas eve 2010, my ex-husband beat me (he did not lived with me). There were no children at that time present. After that, I decided to close my business for a few months; it was not revoked. I asked my license to be put in hold. Now, I feel much better and applied again for my Family Child Care Home license and it was deny . They say it is because I cannot provide satisfactory evidence that I can meet to licensing requirements as outlined in Health and Safety Code Chapter 3.6 but not limited to code section 1596.95(a) What can I do? Is there a way I can fight back my only way of living? I am a single mom of three minors and one of them is handicap... Please, any advice will be of GREAT help...
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Old 09-22-2011, 08:30 PM
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Quote:
Originally Posted by Unregistered View Post
I had a family child care home license as a provider. In Christmas eve 2010, my ex-husband beat me (he did not lived with me). There were no children at that time present. After that, I decided to close my business for a few months; it was not revoked. I asked my license to be put in hold. Now, I feel much better and applied again for my Family Child Care Home license and it was deny . They say it is because I cannot provide satisfactory evidence that I can meet to licensing requirements as outlined in Health and Safety Code Chapter 3.6 but not limited to code section 1596.95(a) What can I do? Is there a way I can fight back my only way of living? I am a single mom of three minors and one of them is handicap... Please, any advice will be of GREAT help...
What state are you residing in?
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Old 09-23-2011, 06:11 AM
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Cat Herder Cat Herder is offline
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Quote:
Originally Posted by Michael View Post
What state are you residing in?
It looks like California.

1596.95. Any person desiring issuance of a license for a day care
center or a special permit for specialized services in a day care
center under this chapter shall file with the department pursuant to
regulations, an application on forms furnished by the department,
which shall include, but not be limited to, all of the following:
(a) Evidence satisfactory to the department of the ability of the
applicant to comply with this act and rules and regulations adopted
pursuant to this act by the department.
(b) Evidence satisfactory to the department that the applicant is
a reputable and responsible character. This evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1596.871, employment history, and character references. If
the applicant is a firm, association, organization, partnership,
business trust, corporation, or company, evidence of reputable and
responsible character shall be submitted as to the members or
shareholders thereof, and the person in charge of the day care center
for which application for issuance of license or special permit is
made.
(c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this act. The
information shall be required only upon initial application for
licensure, and when requested by the department, in writing,
explaining the need for the evidence as part of the department's
investigative function.
(d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in any child day care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200), 2
(commencing with Section 1250), or 3 (commencing with Section 1500).

(e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
(f) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months.
The documentation of these drills shall be maintained at the facility
on a form prepared by the department and shall include the date and
time of the drills.
(g) Evidence satisfactory to the department that the applicant has
posted signs at the point of entry to the facility that provide the
telephone number of the local health department and state all of the
following:
(1) Protect your child--it is the law.
(2) All the information specified in Sections 27360 and 27360.5 of
the Vehicle Code regarding child passenger restraint systems.
(3) Call your local health department for more information.
(h) Any other information as may be required by the department for
the proper administration and enforcement of this act.
(i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
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  #14  
Old 09-23-2011, 12:15 PM
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Default License denied

Ask them what evidence you can produce to meet their requirement.
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