Section DHS 149.25 - Participant appeals(1) ACTIONS APPEALABLE. An applicant or participant may appeal any of the following actions by the local project: (a) Denial of an application for participation in the WIC program.(b) Disqualification from the WIC program.(c) Request for repayment to the WIC program.(2) REQUEST FOR HEARING.(a) An applicant, participant, or representative of the applicant or participant desiring to contest an action under sub. (1) may request a hearing. A request for hearing shall be received by the local project within 60 days after service of the written notice of local agency action. (b) The local project shall honor any clear expression of a desire for an opportunity to present the matter to a higher authority for review. A request may be made orally or in writing.(c) An applicant, participant, or representative of the applicant or participant shall address his or her request to the local project serving the participant.(3) CONTINUATION OF BENEFITS. (a) The local project shall continue to issue WIC program benefits to participants who appeal a termination of benefits within 60 days after service of the written notice. Benefits shall continue until the hearing official reaches a decision or the certification period expires, whichever occurs first.(b) Applicants who are denied benefits at initial certification, or participants who are no longer categorically eligible as a child under age 5, or a pregnant, breastfeeding, or postpartum woman within six months of delivery during a certification period, or whose certification period expires, are not eligible to receive benefits while awaiting a hearing.(4) HEARING PROCEDURES. (a) For hearing requests received within 60 days after service of the written notice, the local project shall appoint a person as hearing official who does not have any personal stake or involvement in the decision and who was not directly involved in the initial determination of the action being contested. The hearing officer shall do all of the following: 1. Provide a written notice of the time and place for hearing to the applicant, participant, or representative of the applicant or participant and the local project at least 10 days before the date of the hearing.2. Conduct the hearing within 21 days of receipt by the local project of the request for hearing.3. Within 45 days of the request for hearing, issue to the parties written notification of the decision and notification of the participant's or proxy's rights to appeal.(b) Hearings shall be conducted in accordance with the requirements of 7 CFR 246.9(h), (i) and (j) and the hearing officer shall require that testimony be given under oath or affirmation.(5) STATE WIC OFFICE REVIEW.(a) An applicant, participant, or representative of the applicant or participant desiring to contest a local hearing decision shall submit a request in writing to the state WIC office within 15 working days of the date of written notification of a decision by a local project.(b) The state WIC office shall appoint a person to review the local hearing decision who does not have any personal stake or involvement in the decision and who was not directly involved in the initial determination of the action being contested.(c) The state WIC office review shall be confined to the record, and the reviewer's determination shall be based solely on whether the local hearing decision correctly applied federal and state statutes, regulations, policies, and procedures governing the program, according to the information provided in support of the notice of action and the participant's response.(d) The state WIC office decision shall include notice to the applicant or participant of his or her right to petition pursuant to subch. III of ch. 227, Stats., for rehearing or judicial review of an adverse decision. The notice shall include the time allowed for filing each petition.(6) DISCONTINUATION OF BENEFITS PENDING APPEAL. A participant may not continue to receive benefits while an appeal to the state WIC office is pending.Wis. Admin. Code Department of Health Services DHS 149.25
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.