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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
12.3.1.1 Processing the Request
12.3.1.2 Timeframe for Departmental Review Completion
If a Petitioner or the W-2 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) conducts the Departmental Review. The Review is limited to 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 DHA within 21 calendar days after the mailing date of the Fact Finding decision (the same date as the Fact Finding decision).
12.3.1.1 Processing the Request
Upon receiving a request for a Departmental Review, DHA must:
Date-stamp the Departmental Review request upon receipt; and
Promptly notify the W-2 agency when the request is received.
The W-2 agency must submit the Fact Finding file to DHA within five working days after the DHA notification of 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:
Return the file to the W-2 agency to provide additional information;
Hold a teleconference interview with the Petitioner and W-2 agency representative; or
Request written supplementation from the petitioner or W-2 agency representative.
If the petitioner is not available due to a good cause reason, DHA may grant an extension of the decision or a postponement of a phone conference.
12.3.2 Timeframe for Departmental Review Completion
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.
If the Petitioner withdraws the request for a Departmental Review in writing, the Department must deny the request or refuse to grant relief.
History: Release 25-03; Release 21-01; Release 11-06; Release 11-03.