12.3.2  Proposed Departmental Review Decisions

DHA may issue a proposed decision rather than a final decision.  Whenever a decision concludes that a manual provision is invalid or too limited under a state statute, the decision must be issued as proposed.

When DHA issues a proposed decision, it solicits comments from all parties and instructs the W-2 agency that the decision is proposed and should not be acted upon.  All parties may send written comments or objections to the proposed decision to DHA within 15 calendar days of receipt of the proposed decision.  Upon request, DHA may extend the deadline for written comments.

After the 15 calendar day comment period has ended, DHA sends the proposed decision and all comments or objections to the Department of Children and Families (DCF).  The Secretary of DCF reviews the proposed decision and issues the final decision. The Secretary's final decision can be to agree or reverse the proposed decision or amend current policy.  The final decision made by the Secretary is communicated by DHA to the individual and the W-2 agency.  The final decision must be acted upon within 10 calendar days by the W-2 agency if the decision is in favor of the individual.

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 11-03.