Wisconsin Statutes
Wis. Stat. § 49.793 (2026)
Recovery of food stamps
✓ current as of July 2026
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49.793(1)(1) The department or a county, a multicounty consortium, as defined in s. 49.78 (1) (br), or an elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC 2022.
49.793(2)(a)(a) Except as provided in par. (b), a county, multicounty consortium, as defined in s. 49.78 (1) (br), or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under 7 USC 2025 that is recovered under sub. (1) due to the efforts of an employee or officer of the county, multicounty consortium, or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county, multicounty consortium, or governing body may retain. This paragraph does not apply to recovery of an overpayment that was made as a result of state, county, multicounty consortium, or tribal governing body error.
49.793(2)(b)(b) Any amount that Milwaukee County would otherwise be entitled to retain under par. (a) for the recovery of an overpayment due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under s. 20.435 (4) (L).
49.793 HistoryHistory: 2001 a. 16 ss. 1656ty, 1656tym; Stats. 2001 s. 49.793; 2009 a. 15; 2011 a. 32.
Notes of Decisions
Cited in 1
case, 2008–2008 · leading case: Wisconsin Dep't of Workforce Dev. v. Ratliff, 390 B.R. 607 (E.D. Wis. 2008).
Wisconsin Dep't of Workforce Dev. v. Ratliff, 390 B.R. 607 (E.D. Wis. 2008). “However, § 49.793(2) of the Wisconsin Statutes further states that the Department may allow counties to retain a portion of the amount of the overpayment that the state is permitted to retain under 7 U.”
— Wis. Stat. § 49.793(2) — 1 case
Wisconsin Dep't of Workforce Dev. v. Ratliff, 390 B.R. 607 (E.D. Wis. 2008). “However, § 49.793(2) of the Wisconsin Statutes further states that the Department may allow counties to retain a portion of the amount of the overpayment that the state is permitted to retain under 7 U.”
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