HA 3.01(1)(1) This chapter is adopted pursuant to ss. 15.03, 46.016, 49.45 (5) and (10), 227.11 (2) (a), and 227.43, Stats., and to conform with the requirements of 42 USC 8624(b)(13), Titles IV and XIX of the U.S. Social Security Act as amended and the Food Stamp Act of 1977, as amended, 7 USC 2011 to 2029.

HA 3.01(2)(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 works.

HA 3.01(3)(3) The purpose of hearings on department and agency decisions is the following:

HA 3.01(3)(a)(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.

HA 3.01(3)(b)(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 payment.

HA 3.01 HistoryHistory: 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. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

HA 3.02(1)(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

HA 3.02(2)(2) “Agency” means a county department of social services under s. 46.215 or 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency which administers medicaid, food stamps, social services or public assistance programs.