Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 120 - Emergency Assistance
Section DCF 120.10 - Review of agency decisions
Universal Citation: WI Admin Code ยง DCF 120.10
Current through August 26, 2024
(1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138(4), Stats., if one of the following occurs or is alleged by the applicant or participant:
(a) The application for emergency
assistance was not acted upon promptly after filing. The standard for
reasonable promptness shall be the requirements established by s.
DCF 120.08(1).
(b) The application is denied in whole or in
part.
(c) The emergency assistance
award is modified or canceled.
(d)
The award is insufficient.
Note: Section 49.138(4), Stats., provides as follows:
"(a)
Any individual whose application for emergency assistance under this
section is not acted upon with reasonable promptness, after the filing of the
application, as defined by the department by rule, or is denied in whole or in
part, or who believes that the assistance amount was calculated incorrectly,
may petition the administering agency for a review of such action. Review is
unavailable if the action by the administering agency occurred more than 45
days prior to submission of the petition for review.
(b)
Upon a timely petition under
par. (a), the administering agency shall give the petitioner reasonable notice
and opportunity for a review. The administering agency shall render its
decision as soon as possible after the review and shall send by 1st class mail
a certified copy of its decision to the petitioner. The administering agency
shall deny a petition for review or shall refuse to grant relief if the
petitioner does any of the following:
1.
Withdraws the petition in
writing.
2.
Abandons the petition. Abandonment occurs if the petitioner fails to appear in
person or by representative at a scheduled review without good cause, as
defined by the department by rule.
(c)
If the administering agency is a
Wisconsin works agency, the department may review the decision of the Wisconsin
works agency if, within 14 days after the date on which the certified copy of
the decision of the Wisconsin works agency is mailed, the applicant or
participant petitions the department for a review of that decision."
(2) In determining whether a petition for review is abandoned under s. 49.138(4) (b)2, Stats., the standard for good cause shall be circumstances beyond the control of the applicant or participant that cannot be remedied by the applicant or participant and which prevent the applicant or participant from attending a scheduled review.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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