Section 55.11. Appeals.

 

(1)  

(a) A person may petition the division of hearings and appeals under sub. (2) for a review of any of the following agency actions or failures to act:

1. The agency did not act promptly on a person's request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3) .

2. The agency denied a person's request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3) on the grounds that a condition specified in s. DCF 55.03 has not been met.

3. Regarding an amendment under s. DCF 55.08 , the agency did any of the following:

a. Denied a guardian's request for an amendment under s. DCF 55.08 (4) (f) or (5) (f) 1. c. and (g) .

b. Approved a guardian's request for an amendment at an amount that is less than the amount that the guardian considers appropriate under s. DCF 55.08 (4) (f) or (5) (f) 1. b.

(b) Review of an agency action or failure to act is unavailable if the action or failure to act arose more than 45 days before the guardian submits the petition for review to the division of hearings and appeals.

(2)  

(a) Upon receipt of a timely petition as described in sub. (1) (b) , the division of hearings and appeals shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing.

(b) The division of hearings and appeals may make such additional investigation as it considers necessary.

(c) The division of hearings and appeals shall provide the applicant or recipient and the agency whose action or failure to act is the subject of the petition with a notice of hearing. That agency may be represented at the hearing.

(d) The division of hearings and appeals shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the agency whose action or failure to act is the subject of the petition.

(e) The decision of the division of hearings and appeals shall have the same effect as an order of the agency whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require, as provided under s. HA 3.10 (1) .

(f) The division of hearings and appeals shall deny a petition for review or shall refuse to grant relief if any of the following applies:

1. The petitioner withdraws the petition in writing.

2. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

3. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the division of hearings and appeals.

(3)  

(a)

1. If a recipient requests a hearing within 10 days after the date of the notice that his or her subsidized guardianship payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing.

2. Payments made pending the hearing decision under subd. 1. may be recovered by the agency if the contested action or failure to act is upheld or the recipient withdraws or abandons the petition.

(b) The division of hearings and appeals shall promptly notify the agency whose action is the subject of the hearing that the recipient has requested a hearing.

(c) Payments shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

CR: 12-045: cr. Register May 2013 No. 689 , eff. 6-1-13.