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• Is familiar with relevant federal and state policies and procedures. • Was not involved in the action being contested. • Was not the immediate supervisor of the worker who took the action. • Does not have a personal stake or involvement in the case. ALJs are duly appointed and qualified agents of DHA. The ALJ’s powers and duties are to: • Administer oaths or affirmations. • Ensure all relevant issues are considered. • Request, receive, and place in the record all evidence necessary to decide the issue. • Regulate the hearing’s conduct and course consistent with due process to ensure an orderly hearing. • Provide a hearing record and decision. The hearing record is available for copying and inspection by the applicant, member, representative, or agency at any reasonable time. All hearing records and decisions are available for public inspection and copying, so long as applicant and member identity is safeguarded. 29.2.6 Time Limits DHA must conduct the hearing and issue its decision and the IM agency must implement the decision within 90 days of the date DHA receives the hearing request. When a decision is favorable to the applicant or member, the IM agency must carry out the decision’s orders within 10 days of the order or 90 days of the date DHA receives the hearing request, whichever comes first. When the decision is not favorable to the applicant or member, the decision notice is the final notice for the case, with the exception of overpayment notices. No further timely and/or adequate notice requirement applies for the issue that was appealed. BadgerCare Plus or FPOS benefits will be discontinued or reduced immediately. The DHA decision includes a description for the applicant or member of their right to rehearing, judicial review, or both. It is not necessary to request a rehearing before going to circuit court. 29.2.7 Hearing Decision 29.2.7.1 Final Decision The ALJ will issue a final decision for most hearings. Agencies must follow a final decision for the case involved in the hearing, even if the final decision conflicts with existing policies and procedures. Agencies should continue to follow the written policies and procedures in all other cases. 29.2.7.2 Proposed Decisions The ALJ will sometimes issue a proposed decision, such as if there are questions about BadgerCare Plus policy or if it conforms to state and federal law. All parties are able to send written comments to DHA within 15 days of receipt of the proposed decision. After the 15- day comment period, DHA will send the proposed decision and all comments received to the Secretary of the Department of Health Services. The Secretary will review the proposed decision and make the final decision. The final decision will then be communicated to all parties.