Chapter HA 3

HA 3.09(9)(b) (b) The administrative law judge shall submit a proposed decision to the secretary or designee for decision in any of the following circumstances:

HA 3.09(9)(b)1. 1. The decision holds that a manual or handbook provision, contract provision, state plan provision, numbered memo administrative directive or other official document is invalid or limited under a statute, administrative rule or federal regulation.

HA 3.09(9)(b)2. 2. The department has not delegated final decision making authority to the division.

HA 3.09(10) (10) When a proposed decision rather than a final decision is issued, the petitioner and the agency or department may file written comments with the division within 15 days from the date of service of the decision. This period may be extended for 10 days upon request of either party. At the close of the comment period, the proposed decision and comments shall be forwarded by the division to the secretary for issuance of a final decision.

HA 3.09(11) (11) The division shall ensure that decisions for medicaid are issued in a timely manner so that final administrative action may be taken within 90 days from the date of filing of the hearing request, and that decisions for food stamps are issued within 60 days from the date of filing of the hearing request.

HA 3.09(12) (12) When a petition for review is dismissed in its entirety, final administrative action is taken on the date the division mails the decision to the petitioner.

HA 3.09(13) (13) A final decision is binding upon the department and agency involved and may be enforced by appropriate legal and fiscal sanctions. The agency involved shall implement any food stamp decision within 10 days after the date of the decision.

HA 3.09 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99.

HA 3.10 HA 3.10 Rehearing and amendment of decision.

HA 3.10(1) (1) When requested by the petitioner or that person’s representative, the department or an agency or, upon its own motion, the division, may, within 30 days of the date of the decision, amend or vacate a decision for the purpose of correcting either plain or administrative errors, or as altered conditions may require.

HA 3.10(2) (2) A petitioner or that person’s representative, an agency or the department may request a rehearing pursuant to s. 227.49, Stats. Such a request shall state what error of law or fact is asserted as the basis for the rehearing or what newly discovered evidence has been found which could not have been found earlier with due diligence. Upon granting a rehearing, the division shall determine whether or not a proceeding to consider additional evidence is required.

HA 3.10(3) (3) After a decision has been issued dismissing a hearing request as abandoned by the petitioner as provided in s. HA 3.05 (4) (d), the division may vacate that decision upon the assertion by petitioner in writing within 30 days of the date of the decision that the matter has not been abandoned.

HA 3.10 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99.

HA 3.11 HA 3.11 Costs motion.

HA 3.11(1) (1) A petitioner may file a motion for costs under s. 227.485, Stats., with the division and the department or agency within 30 days of service of the final decision if the petitioner was the prevailing party. The petitioner need not be represented by an attorney to file a costs motion.

HA 3.11(2) (2) Although no specific form or format is required, a complete costs motion shall contain an explanation of why the state agency which was the losing party was not substantially justified in taking its position, and an itemized application for fees and other expenses, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the petitioner stating the actual time expended and the rate at which fees and other expenses were computed. A complete motion shall also contain an affidavit or other proof that the petitioner has federal adjusted gross income of less than $150,000 in each of the 3 calendar years or corresponding fiscal years immediately prior to the commencement of the case.

HA 3.11(3) (3) The petitioner’s costs may include attorney’s fees and any of the following items if the item provided evidence relevant to the hearing issue on which the party prevailed:

HA 3.11(3)(a) (a) Expert witness fees.

HA 3.11(3)(b) (b) Any study, analysis, engineering report, test or project determined by the administrative law judge to be necessary for preparation of the case.

HA 3.11(3)(c) (c) Service of process on relevant witnesses.

HA 3.11(3)(d) (d) Certified copies of papers and records in any public office.

HA 3.11(3)(e) (e) Postage.

HA 3.11(3)(f) (f) Telephone, telegraph or FAX expense.

HA 3.11(3)(g) (g) Depositions of unavailable witnesses, including necessary photocopies.

HA 3.11(3)(h) (h) Plats and photographs.

HA 3.11(4) (4) The department or agency may respond in writing to the administrative law judge within 15 days of its receipt of a complete costs motion. If the petitioner’s costs motion contains a request for expert witness fees, the response shall indicate the highest rate of compensation paid by the agency or department to an expert witness in the case.

HA 3.11(5) (5) The administrative law judge may deny a costs motion that is not complete.

HA 3.11(6) (6) The administrative law judge shall prepare a written proposed decision which denies or awards some or all of the requested costs. That proposed decision shall be forwarded by the division to the department for issuance of a final decision.

HA 3.11 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99.

HA 3.12 HA 3.12 Wisconsin works.

HA 3.12(1) (1) Upon receipt of a timely petition under s. 49.152, Stats., the division shall review the fact-finding decision of the Wisconsin works agency.

HA 3.12(2) (2) The division shall deny a petition or refuse to grant relief if the Wisconsin works applicant or recipient withdraws the petition in writing.

HA 3.12(3) (3) Upon receipt of a petition, the division may make any additional investigation it considers necessary.

HA 3.12(4) (4) The Wisconsin works agency shall forward the fact-finding file to the division within 5 days of notification of the request for review.

HA 3.12(5) (5) If the division or administrative law judge determines that the record provided for review is inadequate or incomplete, the division may conduct a hearing, issue an interim decision directing the Wisconsin works agency to supplement the record, or take further action considered necessary to provide for a meaningful review.

HA 3.12 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.