PALFREY v. DHSS

No. 90-1825.

163 Wis.2d 405 (1991)

471 N.W.2d 295

Shirley PALFREY, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Appellant.

Court of Appeals of Wisconsin.

Decided May 16, 1991.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Donald P. Johns, assistant attorney general.

For the petitioner-respondent the cause was submitted on the briefs of Michele M. Hughes of Western Wisconsin Legal Services of Dodgeville.

Brief of amicus curiae of the Center for Public Representation, Mitchell Hagopian and Linda Johnson-Jimenez of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


SUNDBY, J.

This appeal involves awards of costs to Shirley Palfrey against the state Department of Health and Social Services under the Wisconsin Equal Access to Justice Act (WEAJA), secs. 227.485(3) and 814.245(3), Stats. In a contested case hearing under Wis. Adm. Code § PW-PA 20.18, DHSS reversed the county Department of Human Service's action, which terminated Palfrey's public assistance benefits because she lost contact with the agency. DHSS found that Palfrey...

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