Wis. Admin. Code Department of Children and Families DCF 101.195

Current through September 30, 2024
Section DCF 101.195 - Notice before taking certain actions
(1) TWENTY PERCENT OR MORE REDUCTION. Before a Wisconsin works agency may take any action that would result in a 20 percent or more reduction in a participant's benefits due to nonparticipation with Wisconsin works program requirements, the Wisconsin works agency shall issue a written notice to the participant. The notice shall be issued no later than 5 business days following the department's notification to the Wisconsin works agency of participants subject to a potential 20 percent or more payment reduction. The notice shall contain all of the following information:
(a) The dates of nonparticipation.
(b) A description of the activities missed.
(c) The number of hours missed on the dates of nonparticipation.
(d) The amount to be deducted from the benefit for each hour of nonparticipation.
(2) TERMINATION. Before taking any action that would result in termination of a participant's eligibility to participate in Wisconsin works, a Wisconsin works agency shall issue a written notice to the participant. The notice shall include a date and description of the deficiency, failure, or other behavior that has resulted in the termination of eligibility.
(3) REASONABLE TIME TO RECTIFY.
(a) In this subsection, "reasonable time" means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).
(b) A participant who believes the Wisconsin works agency's decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure, or other behavior to avoid the reduction of benefits or termination of eligibility.
(c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant's benefits or eligibility to the level determined to be appropriate by the Wisconsin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated.
(d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility.

Wis. Admin. Code Department of Children and Families DCF 101.195

Adopted by, CR 17-066: cr. Register July 2018 No. 751, eff. 8/1/2018