6.4.2 Fair Hearing Request

The applicant, member, or representative may request a fair hearing in writing by filling out the Request for Fair Hearing form (DHA-28) or writing a letter with the request and sending it to DHA. A fair hearing request can also be made verbally to the agency worker. When a verbal request is made, the agency worker must complete the Request for Fair Hearing form on behalf of the applicant or member and send it to DHA. Requests can be submitted by mail, fax, or email.

Division of Hearings and Appeals
P.O. Box 7875
Madison, WI 53707-7875

Fax (608) 264-9885

Email: DHAMail@wisconsin.gov

DHA will schedule a hearing upon receipt of the hearing request. DHA has jurisdiction to conduct hearings if the request is received by DHA within 90 days of the action effective date. DHA may dismiss a request if the action being appealed is a result of a change in federal or state law or policy affecting a significant number of members, unless the member questions its application specific to their case. When a hearing request is dismissed, DHA will notify the applicant or member.

A hearing request from an applicant or member who plans to move from Wisconsin before a decision would normally be issued, such as a migrant worker, will be expedited so the applicant or member can receive a decision and any restored benefits before they leave the state.

A group of persons may request a group hearing if individual issues of fact are not disputed, and the sole issue being appealed is a federal or state law or policy. DHA may also consolidate several hearings on the same topic into one but only on questions of policy. Procedures for group hearings are the same as in individual hearings. Each applicant or member must be notified of the right to withdraw from a group hearing and pursue an individual hearing.

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