6.4.1 Fair Hearings

7 CFR 273.15

7 CFR 273.15(g)

7 CFR 273.15(k)(1)

If the applicant or food unit disagrees with an agency action or the amount of FoodShare benefits, they may request a fair hearing. A fair hearing gives the applicant or member a chance to tell an Administrative Law Judge (ALJ) or other hearing officer why they think the decision about their FoodShare application or benefits was wrong. The agency that determined benefits also has the opportunity to provide justification of actions taken on the application or case. An ALJ will make a decision as to whether the agency took appropriate action and what, if any, follow up action is needed to ensure correct benefits are issued to the applicant or member.

Hearings are conducted by the Wisconsin Department of Administration, Division of Hearings and Appeals (DHA).

Hearings serve to:

Interpret the program to applicants and members who disagree with the agency’s action.
Resolve factual disputes.
Clarify policies and their application in relation to laws and regulations.
Review policies in program administration and reveal those which require clarification or revision.
Promptly remedy unfair treatment, mistaken or arbitrary action and negligence.

The fair hearing process isn't intended to be a substitute for responsible administration.

Agency workers must assist members in filing a request for fair hearing if requested.

Some common reasons an applicant or member may file a fair hearing include:

Denied application.
Application not confirmed within 30 days of submission.
Closure of benefits.
Reduction of or disagreement with amount of FoodShare received.

A fair hearing must be requested within 90 days from the first day that a specific agency action impacted their FoodShare benefits.

A fair hearing may be requested at any time within a certification period if a food unit disagrees with their current amount of FoodShare benefits.

Example 1

On July 10, Howie’s FoodShare case is updated with verification of newly reported income. Howie’s FoodShare benefits decrease effective August 1. Howie has 90 days from August 1 to file a hearing request if he disagrees with the agency action.

Example 2

Ignacio is open for FoodShare with a certification period of January through December and receiving the minimum allotment for an assistance group of one. In March, Ignacio talks to a friend who is also receiving FoodShare and getting a higher monthly payment. Ignacio requests a fair hearing due to disagreeing with the current amount of FoodShare benefits.

Note	Applicable member notices systematically generated in Cares Worker Web are programmed to accurately indicate this date.

6.4.1.1 FSET Program Fair Hearings

The IM agency must notify the FSET agency when an FSET participant has requested a fair hearing. The IM agency must work with the FSET agency to gather appropriate information in preparation for the fair hearing. Both the IM agency and FSET agency are required to attend the FSET fair hearing and provide requested documentation in advance of the hearing. Effective coordination and communication between the FSET agency and the IM agency is important to facilitate this process.

This page last updated in Release Number: 23-01
Release Date: 04/17/2023
Effective Date: 04/17/2023