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BAKER v. DEPARTMENT OF HEALTH SERVICES

No. 2011AP1529.

816 N.W.2d 337 (2012)

2012 WI App 71

Karen BAKER, d/b/a K & E Independent Living Center, Petitioner-Appellant, v. DEPARTMENT OF HEALTH SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 16, 2012.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Rex R. Anderegg of Anderegg & Associates, Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of Robert M. Hunter , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

REILLY, J.

¶ 1 The Department of Health Services (DHS) notified Karen Baker that her license to operate an assisted living center for adults was going to be revoked for code violations. Baker had ten days to file an appeal per DHS regulations. She missed the deadline and her appeal was dismissed. Baker argued that her appeal was timely, as Wis. Stat. § 801.15(1)(b) (2009-10)1 provides that when a deadline is less than eleven...

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