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.