Section 102.10. Review of agency decisions.

 

(1)   Review of good cause determinations or other w-2 agency decisions. A Wisconsin works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the Wisconsin works agency for a review of the agency decision pursuant to s. DCF 101.22 .

(2)   Review of noncooperation determinations. Noncooperation determinations shall be reviewed by the child support agency. An individual who has been determined noncooperative by a child support agency may petition the child support agency for review of the agency decision. The procedures of s. DCF 101.22 apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant's or participant's current residence.

(3)   Participation of the child support agency. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.

(4)   Hearing decision is controlling. If a Wisconsin works review pursuant to s. DCF 101.22 and a fair hearing are based on the same issues and facts, the fair hearing decision shall be controlling in the Wisconsin works review.

History: CR 02-039 : cr. Register August 2002 No. 560 , eff. 9-1-02; corrections in (1), (2) and (4) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .