Section DCF 201.065 - Parent appeal rights(1) RIGHT TO APPEAL. (a)General. A parent applying for or receiving payments under the child care subsidy program may appeal any of the following actions by the department or a child care administrative agency: 1. Denial of an application in whole or in part.2. Failure to act on an application within 30 days.3. Reduction, suspension, or termination of child care subsidy payments.4. The determination of the amount and initial eligibility date of receipt of child care subsidy payments.5. Denial of a request for a hardship authorization under s. DCF 201.039 (13) or (14).(b)Overpayments. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal the determination or collection of an overpayment, including the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 101.23(9), levy under s. DCF 101.23(10), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The parent may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.(c)Intentional program violations. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal a determination by the department or an agency that the parent or individual has committed an intentional program violation under s. 49.151 (2), Stats.(d)No appeal of payment expiration. A parent may not appeal the expiration of a subsidy payment under s. DCF 201.04 (2r) (b).(2) PROCEDURE. (a) A request for a hearing may be made by an individual who has a right to appeal under sub. (1) or someone with legal authority to act on their behalf.(b)1. A request for a hearing of an action under sub. (1) (a) or (b) shall be in writing and received at the address specified on the notice within 45 days after the date printed on the notice.2. A request for a hearing of a determination under sub. (1) (c) shall be in writing and received at the address specified on the notice within 30 days after the date printed on the notice.(c) Upon receipt of a timely request for hearing, the department or the division of hearings and appeals under s. 227.43, Stats., shall give the individual a hearing as follows: 1. A fair hearing under ch. 227, Stats., and ch. HA 3 for an action under sub. (1) (a) or (b).2. A contested case hearing under ch. 227, Stats., and ch. HA 1 for an action under sub. (1) (c).Wis. Admin. Code Department of Children and Families DCF 201.065
Adopted by, CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in (2) (c) 1. and 2. made under s. 35.17, Stats., Register January 2018 No. 745, eff. 2/1/2018Amended by, correction in (2) (c) 1. and 2. made under s. 35.17, Stats., Register January 2018 No. 745; correction in (1) (d) made under s. 13.92 (4) (b) 7., Register January 2024 No. 817, eff. 2/1/2024