Section DCF 120.10 - Review of agency decisions(1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138(4), Stats., if one of the following occurs or is alleged by the applicant or participant:(a) The application for emergency assistance was not acted upon promptly after filing. The standard for reasonable promptness shall be the requirements established by s. DCF 120.08(1).(b) The application is denied in whole or in part.(c) The emergency assistance award is modified or canceled.(d) The award is insufficient. Note: Section 49.138(4), Stats., provides as follows:
(a)" Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness, after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.(b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for review or shall refuse to grant relief if the petitioner does any of the following: 1. Withdraws the petition in writing. 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule. (c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision." (2) In determining whether a petition for review is abandoned under s. 49.138(4) (b)2, Stats., the standard for good cause shall be circumstances beyond the control of the applicant or participant that cannot be remedied by the applicant or participant and which prevent the applicant or participant from attending a scheduled review.Wis. Admin. Code Department of Children and Families DCF 120.10
Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (1) (a) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.