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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
12.4.2.1 Lien or Levy Collection Action Hearings
12.4.2.2 Tax Intercept Hearings
A delinquency hearing may be limited to the delinquency collection action or questions of prior payment or debtor identity. However, under certain circumstances the ALJ may decide to review the underlying merits of the overpayment. This can include inquiries such as how the overpayment was calculated and whether proper notice to the debtor(s) had been provided.
W-2 agencies are not involved in the delinquency hearing process. PACS will appear and prepare all exhibits for all lien and levy delinquency hearings. DCF’s Office of Legal Counsel (OLC) will appear and prepare all exhibits for tax intercept hearings. PACS and OLC will collaborate with the Wisconsin Works (W-2) agency prior to the delinquency hearing to determine if a fact-finding review took place on that claim. When a W-2 or Job Access Loan (JAL) delinquency hearing results in the need to address the merits of the overpayment, PACS and OLC will request that the ALJ schedules a fact finding if there was no prior fact finding decision made prior to the delinquency hearing. The local W-2 agency that established the claim will follow the current procedures in 12.2.5. If there is a fact finding decision on record, PACS will request that the ALJ schedule a departmental review. The local W-2 agency that established the claim will follow the current procedure for departmental review in Section 12.3.
If a merit hearing or departmental review already occurred on the W-2 or JAL related claim, PACS and OLC will provide that information at the time of the delinquency hearing and will request no additional hearing to be scheduled.
The delinquency hearing will be held in the Petitioner’s current county of residence. If the case has been transferred to another W-2 agency since the overpayment determination, both the current agency and the previous agency will be notified of requested appeals. The agency where the overpayment originated is the agency that must attend and provide supporting information if the hearing is rescheduled to a fact-finding or departmental review hearing. An agency can request to attend the hearing by telephone in a transferred case situation or at any other time that a telephone appearance is warranted. The notice of scheduled hearing will list the Administrative Law Judge and his or her telephone number to contact for requested telephone appearances.
When a program participant appeals a lien or levy collection action through DHA for W-2 or JAL DHA will notify PACS and the local agency that established the claim via email. The local agency does not need to take any action at that time. PACS will take the following actions:
· Prepare and provide DHA with all exhibits;
· Appear at the hearing and defend the lien and/or levy collection action;
· Review decisions for policy adherence;
· Comply with the hearing decision by removing/continuing lien and levy collection action; and
· Provide the certification of compliance to DHA, when necessary.
When a program participant appeals a tax intercept action through DHA for W-2 or JAL, DHA will notify PACS and the local agency that established the claim via email. The local W-2 agency does not need to take any action at that time. PACS and the Department of Children and Families (DCF) Office of Legal Counsel (OLC) will take the following actions:
· PACS will communicate with OLC that a debtor initiated a W-2 tax intercept appeal through DHA.
· OLC will request DHA to convert the delinquency hearing to a contested case hearing.
· OLC will prepare and provide DHA with all exhibits.
· OLC will appear at the hearing and defend the tax intercept action.
· OLC will comply with the hearing decision by removing/continuing the tax intercept action.
· OLC will work with PACS to complete and provide a certification of compliance to DHA when necessary.
History: Release 22-02; Release 21-01; Release 18-02; Release 11-03.