Section 35.32. Hearing on denial of reimbursement application.

 

(1)   Request for hearing. A person adversely affected by the department's disapproval of a reimbursement application under s. ATCP 35.08 (5) may, within 30 days after receiving notice of that disapproval, request a hearing before the department to contest that disapproval. A request for hearing shall be made in writing and shall specify the grounds for the request.

(2)   Informal hearing.

(a) Within 10 business days after the department receives a request for hearing under sub. (1) , the department shall hold an informal hearing in response to the request unless the requester agrees to a later date for the informal hearing. The informal hearing shall be held before a department employee or official who is authorized to reverse or modify the department's decision as necessary. The informal hearing shall be held by telephone or at a location determined by the department.

(b) Within 10 business days after the conclusion of the informal hearing under par. (a) , the presiding officer shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person who requested the hearing. The memorandum shall include a notice of the person's right to request a formal contested case hearing under sub. (3) .

(3)   Formal hearing. If a contest related to the disapproval of a reimbursement application is not resolved after an informal hearing under sub. (2) , a person adversely affected by the department's disapproval of the application may request a full contested case hearing on the disapproval. A request for a full contested case hearing shall be filed with the department, in writing, within 30 days after the date of the informal hearing under sub. (2) .

Cr. Register, August, 1994, No. 464 , eff. 9-1-94; am. (1) and (3), Register, September, 1998, No. 513 , eff. 10-1-98.