Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 55 - Subsidized Guardianship
Section DCF 55.11 - Appeals
Universal Citation: WI Admin Code ยง DCF 55.11
Current through February 26, 2024
(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 the recipient's 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.
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