12.3.2 Proposed Departmental Review Decisions

DHADivision of Hearings and Appeals will issue a proposed decision instead of a final decision whenever a decision concludes that a manual provision is invalid or too limited under a state statute.

The process for a proposed decision includes the following:

1. Issuing the Proposed Decision

When DHA issues a proposed decision, it solicits comments from all parties and instructs the W-2Wisconsin Works agency that the decision is proposed and should not be acted upon.

2. Comment Period

All parties have 15 calendar days from the date of receipt to submit written comments or objections to DHA.
Upon request, DHA may extend the deadline for written comments.

3. DCF Review and Final Decision

After the 15 calendar day comment period ends, DHA sends the proposed decision and all submitted comments or objections to the Department of Children and Families (DCF).
The DCF Secretary reviews the proposed decision and issues the final decision, which may:
- Uphold the proposed decision;
- Reverse the proposed decision; or
- Amend current policy.

4. Communication and Implementation of the Final Decision

The final decision made by the Secretary is communicated by DHA to the individual and the W-2 agency.
If the final decision is in favor of the individual, the W-2 agency must act on it within 10 calendar days.
If the final decision ruled current department policy to be incorrect, the W-2 agency must continue to follow the current policy in all other cases until the Department changes that policy.

History:Release 25-03; Release 11-03.