Division of Family and Economic Security, Bureau of Working Families

Wisconsin Works (W-2) Manual

12.3.2 Proposed Departmental Review Decisions

DHADHADivision 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-2W-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.