Wisconsin Administrative Code Department of Administration-Division of Hearings and Appeals
Here’s a detailed overview of the Wisconsin Administrative Code for the Department of Administration – Division of Hearings and Appeals (DHA; “HA”):
🏛️ Agency Overview
DHA is a centralized, quasi‑judicial entity within the Wisconsin Department of Administration tasked with conducting impartial administrative hearings. It operates independently of the agencies involved in each case (doa.wi.gov).
Established in 1978 and attached administratively to DOA, DHA includes divisions such as Corrections, Workers’ Compensation, General Government, Work & Family Services, plus oversight of the Waste Facility Siting Board (doa.wi.gov).
📜 Applicable Chapters & Code Structure
DHA’s rules are codified in Chapters HA 1–4 of the Wisconsin Administrative Code:
HA 1 – Procedure & Practice for Contested Cases
Applies to most contested-case hearings conducted under ch. 227 of the statutes, except those under separable chapters (e.g. HA 2, HA 3). Adopted per ss. 15.03, 227.11(2)(a), 227.43 Stats.; updated as of July 1, 2023 (law.cornell.edu).
HA 2 – Procedure & Practice for Corrections Hearings
Covers hearings related to the Department of Corrections (doa.wi.gov, doa.wi.gov).
HA 3 – Procedure & Practice for Fair Hearings
Addresses “fair hearings” such as Medicaid, food stamps, LIHEAP, and other social services programs (regulations.justia.com, law.cornell.edu).
HA 4 – Procedure & Practice for Workers’ Compensation and Related Cases
Governs hearings arising under ch. 102 (Workers’ Compensation) of the Wisconsin statutes (regulations.justia.com).
⚖️ Statutory and Procedural Authority
DHA operates under Wis. Stat. § 227.43 (2024), which defines its administrative authority: appointing hearing examiners, assignment procedures (rotating basis across subject matter), and fee schedules charged to agencies served (law.justia.com).
Statute and administrative rules delineate the hearing process, appeals timelines, and who may request a hearing—for instance, appeals of Corrections’ administrative decisions must be filed within 10 working days after the ALJ’s written decision under HA 2 (doa.wi.gov).
🔄 How DHA Works in Practice
Cases include contested agency actions, corrections disciplinary matters, social services or Medicaid (fair) hearings, and workers’ compensation disputes.
Parties submit hearing requests (email, fax, or mail), after which DHA sends an acknowledgement and schedules the hearing (typically within a few weeks) (disabilityrightswi.org).
Administrative Law Judges (ALJs)—who work centrally and are not part of the litigating agencies—preside over hearings, ensure fairness, take testimony, and make written decisions.
Most decisions can be appealed administratively (e.g., formal appeal to DHA higher authority) or judicially via circuit or appellate courts under specific statutory provisions (doa.wi.gov).
📌 Contact & Filing Info
Madison Office (Main HQ):
4822 Madison Yards Way, 5th Floor North, Madison, WI 53705‑9100
Phone: (608) 266‑7709 | Fax: (608) 264‑9885
Email: DHAMail@wisconsin.gov (correspondence accepted) (doa.wi.gov)
Milwaukee Office:
819 N 6th Street, Room 382, Milwaukee, WI 53203‑1685
Phone: (414) 227‑4781 | Fax: (414) 227‑3818
Appleton Office (Worker’s Comp only):
54 Park Place, Suite 900, Appleton, WI 54914
Phone: (920) 832‑5450 | Fax: (920) 832‑5355 (doa.wi.gov)
✅ How to Proceed / Use This Code
Purpose
Reference
Notes
General contested case rules
HA 1
Includes adoption, applicability, exclusions (law.cornell.edu)
Corrections hearings
HA 2
Includes appeal window, process
Fair hearings
HA 3
Covers social services appeals definitions, process
Workers’ comp hearings
HA 4
Follows ch. 102 statutes
DHA statutory authority
Wis. Stat. § 227.43
Defines assignment, fees, structure
To access full regulatory text, visit official sources like the Wisconsin Legislature's Administrative Code portal, Justia, or Cornell LII.
0 comments