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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
12.2.2.1 Timeframe for Requesting Learnfare Fact Finding Reviews
Fact Finding Review requests must be made:
· within 45 calendar days from the mailing date of the Notice of Eligibility for W-2 services and JALs; or
· within 45 calendar days from the effective date of the decision announced in the notice, whichever is later.
If the 45th day falls on a weekend or holiday, the calculated date will be the next working day. If the request is received within the 45-day timeframe, the W-2 agency must schedule a Fact Finding Review.
Fact Finding Reviews are not available if the agency action being contested occurred more than 45 days prior to the Review request. If the request for a Fact Finding Review is received beyond the 45-day timeframe, the W-2 agency must provide the petitioner with a completed Fact Finding Review Denial Notice (2686).
A request for a Learnfare Fact Finding Review must be made within 45 calendar days from the mailing date of the Learnfare Penalty Notification stating the student is not in compliance with Learnfare requirements or within 45 calendar days from the effective date of the decision announced in the notice, whichever is later. However, a Learnfare financial penalty will not be imposed if the participant or family requests a Fact Finding Review within 10 calendar days after the date of the Learnfare Penalty Notification. In this situation, a Learnfare penalty will not be imposed until after the Fact Finding decision is issued and is favorable to the agency, unless the participant withdraws the request in writing or abandons the request.
History: Release 21-01; Release 11-06; Release 11-03.