Amendment SSA1-SB123

LRBs0164/1

TAY&ISR:jlg:hmh

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 123

January 19, 2000 - Offered by Committee on Human Services and Aging.

SB123-SSA1,1,4 An Act to repeal 49.152 (2) and 49.152 (3) (a); to renumber 49.152 (title) and 49.152 (3) (title); to renumber and amend 49.152 (1) and 49.152 (3) (b); to amend 49.26 (1) (h) 1.; and to create 49.16 (2), (3), (4) and (6) of the statutes; relating to: the fair hearing process under Wisconsin works.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB123-SSA1, s. 1 Section 1. 49.152 (title) of the statutes is renumbered 49.16 (title).

SB123-SSA1, s. 2 Section 2. 49.152 (1) of the statutes is renumbered 49.16 (1) and amended to read:

SB123-SSA1,2,4 49.16 (1) Petition for review. Any individual whose application for any component of Wisconsin works is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency department for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

SB123-SSA1, s. 3 Section 3. 49.152 (2) of the statutes is repealed.

SB123-SSA1, s. 4 Section 4. 49.152 (3) (title) of the statutes is renumbered 49.16 (5) (title).

SB123-SSA1, s. 5 Section 5. 49.152 (3) (a) of the statutes is repealed.

SB123-SSA1, s. 6 Section 6. 49.152 (3) (b) of the statutes is renumbered 49.16 (5) and amended to read:

SB123-SSA1,2,20 49.16 (5) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual's application was improperly delayed or denied in whole or in part, that a participant was placed in an inappropriate Wisconsin works employment position or that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall grant the appropriate benefit, or restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department, retroactive to the date on which the individual's application was first improperly delayed or denied in whole or in part, the individual was first placed in an inappropriate Wisconsin works position or the individual's benefit was first improperly modified or canceled or incorrectly calculated.

SB123-SSA1, s. 7 Section 7. 49.16 (2), (3), (4) and (6) of the statutes are created to read:

SB123-SSA1,3,7 49.16 (2) Review. Upon receipt of a timely petition under sub. (1), the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing. The department may make any additional investigation that it considers necessary. Notice of the hearing shall be given to the applicant or participant and, if appropriate, to the county clerk. The Wisconsin works agency may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if any of the following applies:

SB123-SSA1,3,8 (a) The applicant or participant withdraws the petition in writing.

SB123-SSA1,3,10 (b) The sole issue in the petition concerns an automatic grant adjustment or change for a class of participants as required by state or federal law.

SB123-SSA1,3,13 (c) The applicant or participant abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by a representative at a scheduled hearing without providing the department with good cause.

SB123-SSA1,3,21 (3) Suspension of benefits. If a participant requests a hearing prior to the effective date of the action by the Wisconsin works agency or within 10 days after the mailing of the notice of the action, whichever is later, benefits may not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. Until a decision is rendered after the hearing, the manner or form of benefit payment to the participant may not change to a protective, vendor or 2-party payment. Benefits shall be suspended, reduced or discontinued if any of the following applies:

SB123-SSA1,3,23 (a) The participant is contesting a state or federal law or a change in state or federal law and not the participant's benefit computation.

SB123-SSA1,3,25 (b) The participant is notified of a change in his or her benefit while the hearing decision is pending but the participant fails to request a hearing on the change.

SB123-SSA1,4,3 (4) Notice to participant. The participant shall be promptly informed in writing if benefits are to be suspended, reduced or terminated pending the hearing decision.

SB123-SSA1,4,5 (6) Nonentitlement. This section does not create an entitlement to any services or benefits under Wisconsin works.

SB123-SSA1, s. 8 Section 8. 49.26 (1) (h) 1. as. of the statutes is amended to read:

SB123-SSA1,4,12 49.26 (1) (h) 1. as. The individual has failed to request a hearing or has failed to show good cause for not cooperating with case management efforts in a hearing. If the individual is a recipient of aid under s. 49.19, the hearing shall be requested and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), the hearing shall be requested and held under s. 49.152 49.16. The department shall determine by rule the criteria for good cause.

SB123-SSA1,4,13 (End)