12.3.1  Requesting a Departmental Review

If an individual or the W-2Wisconsin Works agency disagrees with the final Fact Finding decision, they may appeal the decision by requesting a Departmental Review.

The Department of Administration, Division of Hearings and Appeals (DHA) will complete the Departmental Review.  This Review is a limited review of the record and the decision of the Fact Finder.  

The request for a Departmental Review of a W-2 decision including a Job Access Loan decision must be received by the DHA within 21 calendar days after the date on which the copy of the Fact Finding decision is mailed (the same date as the Fact Finding decision).   

DHA must date stamp requests for a Departmental Review.  DHA will promptly notify the W-2 agency of receipt of a request for a Departmental Review. The W-2 agency must submit the Fact Finding file to DHA within 5 working days after receipt of the request.  DHA will fully review the W-2 agency’s Fact Finding decision by completing a desk review.  

If after reviewing the Fact Finding file, DHA determines that the file is inadequate, DHA may do any of the following:

·        Remand the file to the W-2 agency to provide additional information;

·        Hold a teleconference interview with the Petitioner An individual requesting a Fact Finding or Departmental review. and W-2 agency representative; or

·        Request written supplementation from the petitioner or W-2 representative.

DHA may grant a postponement of a telephone conference if the petitioner is not available due to a good cause reason.  DHA may grant an extension of the decision.

DHA must complete its Review within 10 working days of the receipt of the Fact Finding file, unless DHA determines the file is inadequate.  If the W-2 agency has requested the Departmental Review, the W-2 agency must comply with the Fact Finder’s decision while waiting for DHA to issue its decision.

The Department must deny a request or must refuse to grant relief if the applicant or participant withdraws the request for a Departmental Review in writing.

History: Release 21-01; Release 11-06; Release 11-03.