PI 34.102(1)(a)4.4. Notification that if the licensee does not request a hearing within the 30-day period, the license shall be revoked without a hearing.
PI 34.102(1)(b)(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.
PI 34.102(2)(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.
PI 34.102(3)(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:
PI 34.102(3)(a)(a) State in short and plain terms the defenses to each cause for revocation asserted.
PI 34.102(3)(b)(b) Set forth affirmatively any matter constituting an affirmative defense.
PI 34.102(3)(c)(c) Admit or deny each allegation upon which the notice relies as follows:
PI 34.102(3)(c)1.1. 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.
PI 34.102(3)(c)2.2. 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.
PI 34.102(3)(c)3.3. Specific allegations in the notice are admitted when not specifically denied in the answer.
PI 34.102(4)(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.
PI 34.102 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751, eff. 8-1-18.
PI 34.103PI 34.103Denials.
PI 34.103(1)(1)When issued.
PI 34.103(1)(a)(a) The state superintendent shall deny an application as provided under s. 118.19 (1m), (1r), and (4), Stats.
PI 34.103(1)(b)(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.
PI 34.103(1)(c)(c) The state superintendent may deny an application if any of the following occur:
PI 34.103(1)(c)1.1. The applicant engaged in immoral conduct or was incompetent.
PI 34.103(1)(c)2.2. The applicant had a credential comparable to a license revoked by the state or jurisdiction that issued the credential.
PI 34.103(1)(c)3.3. The applicant provided false, inaccurate, or incomplete information on an application.
PI 34.103(2)(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.
PI 34.103(3)(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:
PI 34.103(3)(a)(a) The applicant’s name.
PI 34.103(3)(b)(b) The type of license for which the applicant has applied.
PI 34.103(3)(c)(c) The reasons why the applicant requests a hearing.
PI 34.103(3)(d)(d) The facts which the applicant intends to prove at the hearing.
PI 34.103(3)(e)(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.
PI 34.103(4)(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.
PI 34.103 HistoryHistory: CR 17-093: cr. Register July 2018 No. 751 eff. 7-1-18; correction in (1) (a) made under s. 35.17, Stats., Register May 2018 No. 751.