12.3.4 Departmental Review Compliance and Remedies

W-2Wisconsin Works agencies must comply with a Departmental Review final decision within 10 calendar days.

To ensure compliance, DHADivision of Hearings and Appeals requires agencies to complete a Certification of Administrative Action form (DHA-18) for all final decisions. This form must be completed and sent back to DHA to certify that appropriate action has been taken within 10 calendar days.

To complete the Certification of Administrative Action form (DHA-18), the agency must:

1. Complete and return the form within 10 calendar days, certifying that the required action has already been taken; and

2. Attach supporting documentation and include copies or make note of CARES screens that have been used to record the action taken.

The form must indicate what the agency has already done to comply with the order, not future action steps.

DHA will not close out the case file until there is evidence in CARES that action has been taken.

12.3.4.2 Addressing Compliance Issues

As with Fact Finding decisions, if a W-2 agency is unable to comply with a Departmental Review decision for any reason, the agency must:

1. Contact its Regional Coordinator/Administrator on or before the 10th calendar day to explain why the decision cannot be carried out timely; and

2. Understand that non-compliance with DHA decisions may result in a corrective action or a financial penalty as defined in the W-2 and Related Programs Contract.

12.3.4.3 Departmental Review Remedies

The Division of Family and Economic Security (DFES) may determine that a final decision impacts broader policy and requires a statewide directive. Until DFES issues such a directive, the W-2 agency must continue to follow existing policies and procedures in all other cases.

The remedies allowed under Departmental Review decisions are the same as those allowed under Fact Finding Review decisions. (See sections 12.2.10)

History: Release 25-03; Release 21-01; Release 11-03.