If the individual waives the right to the administrative hearing by signing a Waiver of Administrative Disqualification Hearing Consent Agreement (IM-161), no action is taken until at least ten business days have passed after the waiver is received by WIU, the Hearing Unit, or FSD.
- Allow five business days for the individual to withdraw the waiver by signing a Withdrawal of Waiver of Administrative Disqualification Hearing Consent Agreement (IM-161A).
- Allow an additional five business days for mailing time for the IM-161A.
If no IM-161A is received, staff from the agency which receives the signed IM-161, WIU, Hearing Unit, or FSD county office staff, enters the disqualification on the Sanction/Disqualification (FMAM) screen.
Use disqualification type code WHC, unless a different DQ code is more appropriate. It is important to use the correct disqualification code, as different codes impose different penalties. The individual is disqualified beginning the month following the month the waiver was received by the agency, or the second month if the waiver is received in the last five business days of the month.
No further administrative appeal procedure exists after an individual waives the right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be changed by a subsequent fair hearing decision. The EU member, however, may appeal the disqualification through the local circuit court in the county of residence by the same procedure outlined for fair hearings.
To withdraw the IM-161, the individual is instructed to sign and return an IM-161A to the county office. Upon receipt of the IM-161A, the county immediately faxes the IM-161A to the appropriate Hearing Unit or WIU office. Mail the hard copy to the appropriate Hearing Unit or WIU office within 24 hours.
- If the Administrative Disqualification Hearing has been scheduled, the ADH continues as scheduled if the Hearing Unit sent the waiver.
- If the investigator presented the IM-161, the county must initiate the ADH, as the IM-161 was offered under the condition that the hearing would be conducted if the individual did not waive the ADH.