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29.2.7.3 Abandoned Hearing If the applicant, member, or representative fails to appear at the hearing without good cause, the hearing request will be dismissed. This type of dismissal is called an Abandoned Hearing. DHA will notify the applicant, member, or representative and the agency when a hearing is dismissed. A fair hearing thought to be abandoned may be rescheduled by DHA. 29.2.8 Withdrawal of Fair Hearing Request Only the applicant, member, or their representative may withdraw a fair hearing request for BadgerCare Plus or FPOS. Applicants, members, and representatives can fill out the Voluntary Withdrawal (DHA-17) form or send a written and signed letter to DHA: Division of Hearings and Appeals P.O. Box 7875 Madison, WI 53707-7875
Fax (608) 264-9885
Email: DHAMail@wisconsin.gov Only DHA has the authority to grant or deny a withdrawal request. DHA will notify the agency if a fair hearing request is withdrawn. 29.2.9 Cost Motion When the applicant or member wins a hearing, their attorney may file a cost motion with DHA. A cost motion is a request for payment of attorney fees and other costs associated with the hearing. The agency has 15 days from the filing of the cost motion to submit a written response to DHA. The ALJ will review the cost motion and agency response to DHA and decide if: • The agency's position at the hearing was not "substantially justified" and costs associated with the cost motion must be paid from state funds. • The agency was "substantially justified" or special circumstances exist which would make the award of the cost motion unjust. • The cost motion was frivolous (that is, submitted in bad faith) for the purpose of harassing or maliciously injuring the state agency. The hearing officer may award costs to the state agency. The agency should include facts relating to harassment in its response to DHA if such conduct occurred. 29.2.10 Rehearing An applicant or member may request a rehearing by DHA. The request must be made within 20 days of the date of the decision. DHA may grant or refuse the request. A rehearing will be held only when there has been: • An error of law. • An error of important fact. • New evidence discovered which could not have been presented at the first hearing.