Licensing — caregiver certification — fraud convictions

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Wisconsin Court of Appeals

Civil

Licensing — caregiver certification — fraud convictions

To revoke a caregiver certification, based on a welfare fraud conviction, the Department must present more than just the fact of conviction.

“Blake next argues that not only did the Department erroneously rely on the descriptive title of her conviction to revoke her certification, but that the Department did not provide sufficient evidence to establish that she had been convicted of a crime involving fraudulent activity. Jamerson supports Blake’s arguments. Jamerson clearly establishes that Blake’s conviction alone is insufficient grounds for the revocation of her certification. Therefore, the hearing examiner’s and circuit court’s reliance on the title of Blake’s conviction, as it included the word ‘fraud,’ was in error.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP31 Blake v. Racine County Human Services Department

Dist. II, Racine County, Flancher, J., Reilly, J.

Attorneys: For Appellant: Kastner, Jill M., Milwaukee; For Respondent: Serketich, John P., Racine