Section 75.19. Review of hearing officer's decision.

 

(1)   Notice of intent to review. The department, or the applicant or eligible individual, may initiate a review of the hearing officer's decision issued under s. DWD 75.17 . If the department decides to initiate a review of the hearing officer's decision, written notice of this decision shall be filed with the parties by certified mail within 20 calendar days of the date that the decision of the hearing officer was mailed. The intent to review notice shall advise the parties that additional evidence and information relevant to the final decision may be filed with the department within 30 calendar days following the date of the intent to review notice and that the department may also collect new evidence from other sources during that period.

(2)   Review procedure.

(a) Authority for modifying the decision of a hearing officer under this chapter is reserved to the department secretary or the secretary's authorized designee and may not be otherwise delegated.

(b) The administrator shall conduct an initial review of the hearing officer's decision and shall submit a proposed review decision to the secretary or the secretary's authorized designee.

(c) The secretary or the secretary's authorized designee shall conduct a review of the decision of the hearing officer, the administrator's proposed decision under par. (b) and issue a final review decision.

(3)   Basis for changing hearing officer decision. The department may not modify a decision of a hearing officer which supports the position of the applicant or eligible individual unless, based on clear and convincing evidence, the decision is clearly contrary to law or federal policy issuances.

(4)   Consultation with hearing officer. The department may consult with the hearing officer regarding the decision.

(5)   Notice of outcome of the department's review. The department shall notify the parties in writing by certified mail of the outcome of the review within 30 calendar days after the date of the intent to review notice. The notice shall state the findings, the grounds for the final decision, that it is the final decision unless modified by a court and information on how to file a request for circuit court review. The department shall send copies of the letter and any attachments to the hearing coordinator for placement in the applicant's or eligible individual's case record, to the hearing officer and to the contract administrator.

Cr. Register, December, 1996, No. 492 , eff. 1-1-97; CR 15-055 : am. (title), (1), (2) (title), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3) to (5) Register May 2016 No. 725 , eff. 6-1-16.