Section 2.06. Appeal rights.

 

(1)   Administrative review. An action taken under s. DHS 2.04 (1) or (2) is subject to review under ch. 227 , Stats. , and ch. HA 3 .

(2)   Request for hearing on recovery action.

(a) If an individual or entity chooses to contest a proposed recovery under s. DHS 2.04 , the individual or entity shall, within 45 calendar days after receipt of the notice of intent to recover, submit a written request for a hearing on the matter to the department of administration's division of hearings and appeals. The request shall briefly identify the basis for contesting the proposed recovery. The date of service of a recipient's request for a hearing shall be the date on which the department of administration's division of hearings and appeals receives the request. A request by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is completed between 5 P.M. and midnight, one day shall be added to the prescribed period. If the hearing request is filed prior to the effective date of the proposed recovery, the Division shall order the action be stayed and benefits unchanged pending the hearing decision.

(b) If a timely request for hearing is not received, the amounts as specified under s. DHS 2.04 (1) or (2) may be recovered.

(3)   Hearings. The division of hearings and appeals shall hold an administrative hearing under ch. HA 3 .

History: CR 03-085 : cr. Register June 2006 No. 606 , eff. 7-1-06.

Note

A hearing request should be addressed to the Division of Hearings and Appeals, P. O. Box 7875, Madison, WI 53707. Hearing requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, WI. Hearing requests may be faxed to 608-264-9885. Microsoft Windows NT 6.1.7601 Service Pack 1