Wisconsin Administrative Code
Department of Health Services
DHS 250 - Economic Support
Chapter DHS 251 - County Relief Programs
Section DHS 251.07 - Procedures for permitting appeal of eligibility determinations

Universal Citation: WI Admin Code ยง DHS 251.07

Current through August 26, 2024

(1) NOTICE. If a relief agency denies an application for relief, or discontinues, suspends or reduces the relief benefit, the relief agency shall provide adequate written notice to the recipient. The notice shall contain all of the following:

(a) The effective date of the action.

(b) The reason for the action.

(c) A statement that the action may be appealed to the relief agency and providing a reasonable period of time for the individual to appeal and a place for an appeal to be filed.

(2) FAIR HEARING. If the relief agency denies, terminates, suspends or reduces a relief benefit, the relief agency shall permit and enable an applicant or recipient to request a fair hearing. A fair hearing shall do all of the following:

(a) Permit the applicant or recipient or his or her representative, at a reasonable time before the hearing, to examine records to be used at the hearing.

(b) Permit the applicant or recipient to present his or her case personally or with the aid of others, including an attorney.

(c) Permit the applicant or recipient or representative to establish facts and circumstances pertinent to his or her case.

(d) Provide an impartial decisionmaker who is familiar with the relief program who may not communicate outside the hearing with either party.

(e) If determined necessary by the impartial decisionmaker, permit the applicant or recipient or his or her representative to subpoena witnesses or compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.07, Stats.

(f) Provide for procedures that permit the applicant or recipient or representative to question or refute any testimony or evidence, including permission to confront and cross-examine adverse witnesses.

(g) Provide, if desired by either party, for the party to make a record of the hearing by means of an electronic device, either sound or video or both, through the services of a court reporter or other means acceptable to both parties.

(h) Provide for procedures that permit the relief agency or the applicant or recipient to limit the hearing to the written reason for the hearing, the facts in the case and the requested remedy sought.

(3) DECISION. The relief agency shall issue its decision in writing in a timely manner. The hearing decision shall:

(a) Be based exclusively upon evidence presented at the hearing and the written policies in effect on the date of the action being appealed.

(b) Inform the applicant or recipient of the evidence and policies relied upon in reaching the decision and whatever rights to review are available and the time limits for the review.

(c) Inform the applicant or recipient of any remedy provided. The remedy may be the one sought by the individual requesting the hearing or a more appropriate remedy as determined by the impartial decisionmaker.

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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