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The waiver application must include these points: 1. Relationship of the waiver applicant to the deceased member. 2. The hardship under which the waiver is requested. ERP staff must issue a written decision granting or denying the waiver request within 90 days after the waiver application is received by ERP. In determining its decision, ERP must consider all information provided to it within 60 days of its receipt of the waiver application. 33.3.2 Notice of Hardship Waiver Rights ERP will provide notice of the waiver provisions to the person handling the deceased member's estate. If ERP is not able to determine who that person is, the notice will be included with the claim when ERP files it with the claim court. The person handling the estate is then responsible for notifying the decedent’s heirs and beneficiaries of the waiver provisions. ERP will provide notice of the waiver provisions to co-owners and beneficiaries of the member’s non- probate property. 33.3.3 Administrative Hearings: Hardship Waivers If a waiver application is denied, the waiver applicant may request an administrative hearing. ERP staff will attend the hearing to defend their denial of the hardship waiver. The hearing request must be made within 45 days of the date the ERP decision was mailed. The hearing request must: 1. Be made in writing. 2. Identify the basis for contesting the ERP decision. 3. Be made to the Division of Hearings and Appeals (DHA) at: Department of Administration Division of Hearings and Appeals P.O. Box 7875 Madison, WI 53707-7875 The date the request is received at DHA is used to determine the timeliness of the request. ERP staff will maintain DHS’ claim in the estate pending the administrative hearing decision. If collections are made and the waiver is ultimately approved, those funds will be returned. To introduce evidence at a hearing not previously provided to DHS, the applicant must mail that evidence to DHS with a postmark at least seven working days before the hearing date. 33.3.4 Personal Representative’s Notice The personal representative of the estate of a BadgerCare Plus member or the estate of a member's surviving spouse must notify DHS that the estate is being probated [§859.07(2), Wis. Stats.]. The