This chapter is adopted pursuant to ss.
, 227.11(2) (a), and 227.43, Stats., and
to conform with the requirements of
, Titles IV and
XIX of the U.S. Social Security Act as amended and the Food Stamp Act of 1977,
(2) This chapter governs the fair hearing
process for considering the appeal by affected individuals of decisions made by
the departments of health services, children and families, workforce
development and administration and decisions by county social and human service
departments and tribal agencies concerning medicaid, food stamps, public
assistance and social service programs administered by these departments. This
chapter also governs the departmental level review process for Wisconsin
The purpose of hearings
on department and agency decisions is the following:
(a) To provide an opportunity for an
applicant to challenge a department or agency finding that he or she is
ineligible for medicaid, food stamps, public assistance or social services or
to challenge the date of initial eligibility by establishing that the
department's or agency's decision on the application was incorrect.
(b) To provide an opportunity for a recipient
of medicaid, food stamps, public assistance or social services to assert
continuing eligibility for aid when the department or agency has decided to
discontinue aid, or to object to aid reduction, sufficiency or form of
Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.01
Cr. Register, November,
1999, No. 527, eff. 12-1-99; correction in (1) made under s. 13.93(2m) (b) 7,
Stats., Register September 2001 No. 549; correction in (2) made under s.
(b) 6, Stats., Register February 2013 No.