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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
W-2 agencies are bound by the Departmental Review final decision for a particular case. W-2 agencies must comply with the Departmental Review decision within 10 calendar days.
In order to ensure compliance, DHA sends the W-2 agency a Certification of Administrative Action (DHA-18) form along with the decision. This form must be completed and sent back to DHA in order to certify that appropriate action has been taken within 10 calendar days. The form should not indicate what the agency will do, but, rather, what the agency has already done to comply with the order. In addition to sending the form back, DHA requires agencies to include copies or make note of CARES screens that have been used to record the action taken. DHA will not close out the case file until there is evidence in CARES that action has been taken.
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 contact its Regional Coordinator/Administrator on or before the 10th calendar day and explain why the decision cannot be carried out timely. Non-compliance with DHA decisions may result in a corrective action or a failure penalty as defined in the W-2 and Related Programs Contract.
The Division of Family and Economic Security (DFES) may find that the final decision’s principles and policies require a change in policy. If so, DFES will make a statewide directive. Until such a declaration, the W-2 agency must continue to follow existing written policies and procedures in all other cases.
The remedies allowed under Departmental Review decisions are the same remedies allowed under Fact Finding Review decisions. (See sections 12.2.10.1 - 12.2.10.4 for more information on remedies.)
History: Release 21-01; Release 11-03.