Wisconsin Administrative Code

DWD 142.05 Penalties. Note: Chapter DWD 42 was renumbered to chapter DWD 142 under s. 13.92 (4) (b) An employee, other than a poll worker or a substitute teacher, who is rehired, recalled, or returns to work after an unpaid absence of more than 60 days. (c) A poll worker who the …

DWD 147.001 Definitions.

DWD 147.01 Purpose. DWD 147.02 Note: Chapter ILHR 147 was renumbered Chapter DWD 147 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498. agricultural services, forestry, or commercial fishing, hunting, or trap…

DWD 147.02 Affected employers. An employer shall be considered to be primarily engaged in agricultural production, agricultural services, forestry, or commercial fishing, hunting, or trapping if the department determines that the employer[s primary type of business activity is on…

DWD 149.001 Definitions. (1) IN GENERAL. Except as provided in sub. (2), unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter. (2) IN THIS CHAPTER. Notwithstanding ch. DWD 100 and unless the context clearly indicates a dif…

DWD 149.01 Purpose. The purpose of this chapter is to implement s. 108.14 (7), Stats., and to comply with 20 CFR Part 603. Under s. 108.14 (7), Stats., the unemployment insurance records made or maintained by the department are confidential and shall be open to public inspection …

DWD 149.02 Confidentiality of records. (1) Unemployment insurance records made or maintained by the department are confidential and not open to public inspection or disclosure, except as provided in subs. (2) and (3). (2) The department may disclose the following unemployment ins…

DWD 149.03 Disclosure of records to individuals, employing units, their agents, and authorized third parties. (1) CLAIMANTS AND EMPLOYING UNITS. Except as otherwise provided under s. DWD 140.09, the department shall make the following records available to the following persons up…

DWD 149.04 Mandatory disclosure of unemployment insurance records. (1) DISCLOSURE REQUIRED BY LAW. The department shall disclose unemployment insurance records to any person or agency as required by state or federal law. (2) FEDERALLY-MANDATED DISCLOSURES TO CERTAIN AGENCIES. The…

DWD 149.05 Permissive disclosure of unemployment insurance records. (1) The department may disclose unemployment insurance records to any of the following persons or government units if the department approves the purposes for which the records are requested: (a) The United State…

DWD 149.06 Confidentiality safeguard requirements and disclosure of records to third parties. (1) Third party recipients of unemployment insurance records shall comply with all of the following confidentiality safeguard requirements: (a) Safeguard disclosed information against un…

DWD 149.07 Record disclosure agreements. (1) The department shall require a record disclosure agreement to be in effect before disclosing unemployment insurance records under ss. DWD 149.03 (3), 149.04 (2) (e) to (m) and (3), and 149.05 (1) (d). (2) The department may require a r…

DWD 149.08 Fee for disclosing unemployment insurance records. (1) (a) The department shall charge a fee for disclosing an unemployment insurance record when the disclosure is for a third party, government unit, or entity that requests the record and disclosure is not necessary fo…

DWD 149.09 Penalties. Any person who permits inspection or disclosure of an unemployment insurance record provided to that person by the department without authorization of the department shall be subject to the penalties provided under s. 108.24 (4), Stats. History: Cr. Register…

DWD 150.001 Definitions. DWD 150.05 Forms. Note: Chapter Ind-UC 150 was renumbered to be chapter ILHR 150 under s. 13.93 (2m) (b) 1. and 2., Register, August, 1987, No. 380. Chapter ILHR 150 was renumbered Chapter DWD 150 under s. 13.93 (2m) (b) 1., Stats., and corrections made u…

DWD 150.05 Forms. Copies of forms are provided by the department. Note: Copies of forms are available online at: https://dwd.wisconsin.gov/dwd/forms-publications-search.htm. DWD 150.001 Definitions. Unless the context clearly indicates a different meaning, the definitions in ch. …

DWD 218.01 Purpose. The purpose of this chapter is to implement the provisions of ss. 16.009 (5) (d), 46.90 (4) (b), 50.07 (3) (b), 106.56, 111.31 to 111.395, 146.997, and 321.65 (7) (b), Stats. Sections 111.31 to 111.395, Stats., prohibit employment discrimination, unfair honest…

DWD 218.02 Definitions. When used in this chapter or in the Wisconsin fair employment act: (1) “Act” means the Wisconsin fair employment act, ss. 111.31 to 111.395, Stats. (2) “Administrative law judge” means the examiner appointed to conduct hearings under the act. (2m) “Agency”…

DWD 218.03 Complaints. (1) WHO MAY FILE COMPLAINTS. A complaint may be filed by any person or by the person’s duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint. (2) WHERE TO FILE COMPLAINT…

DWD 218.04 Notification of respondent. (1) WHEN NOTICE IS TO BE SENT. Except where prevented by the anonymity requirement of s. 111.375 (1), Stats., the department shall serve a copy of a complaint which meets the requirements of s. DWD 218.03 upon each respondent prior to the co…

DWD 218.05 Preliminary review of complaints. (1) REVIEW OF COMPLAINT. The department shall review every complaint filed to determine all of the following: (a) Whether the complainant is protected by the act. (b) Whether the respondent is subject to the act. (c) Whether the compla…

DWD 218.06 Investigations. (1) CONDUCT OF INVESTIGATION. Except as provided under sub. (3), the department shall investigate all complaints that satisfy the review under s. DWD 218.05 (1). In conducting investigations under this chapter, the department may seek the cooperation of…

DWD 218.07 Initial determination. (1) GENERAL. At the conclusion of the investigation, the department shall issue a written initial determination which shall state whether or not there is probable cause to believe that an act of employment discrimination, unfair honesty testing o…

DWD 218.08 Appeal of initial determination of no probable cause. (1) WHEN FILED. Within 30 days after the date of an initial determination finding that there is no probable cause, a complainant may file a written request for a hearing on the issue of probable cause. The request f…

DWD 218.09 Private settlement and conciliation. The parties may enter into an agreement to settle the complaint at any time during the proceedings, with or without assistance by the department. The department may assist the parties to reach a settlement agreement. The parties sha…

DWD 218.10 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed based upon the conditions set forth in s. DWD 218.05 (1) or for any other procedural basis after the case is certified to hearing …

DWD 218.11 Notice of hearing.

DWD 218.12 Answer.

DWD 218.13 Pre-hearing conference. DWD 218.14 DWD 218.15 DWD 218.16 DWD 218.17 DWD 218.18 DWD 218.19 DWD 218.20 DWD 218.21 DWD 218.22 DWD 218.23 DWD 218.24 Note: Chapter Ind 88 as it existed on June 30, 1995 was repealed and chapter ILHR 218 was created effective 7-1-95. Chapter …

DWD 218.14 Pre-hearing discovery. (1) WHEN DISCOVERY MAY BEGIN. Discovery may not be used prior to the time that a matter is certified to hearing, except that the taking and preservation of evidence shall be permitted prior to certification to hearing under the circumstances set …

DWD 218.15 Subpoenas and motions. (1) SUBPOENAS. The department or a party’s attorney of record may issue a subpoena to compel the attendance of a witness or the production of documents. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 80…

DWD 218.16 Disqualification of the administrative law judge. Upon the administrative law judge’s own motion, or upon a timely and sufficient affidavit filed by any party, the administrative law judge shall determine whether to disqualify himself or herself because of personal bia…

DWD 218.17 Exchange of names of witnesses and copies of exhibits. By no later than the tenth day prior to the day of hearing, the parties shall file with the division and serve upon all other parties a written list of the names of witnesses and copies of the exhibits that the par…

DWD 218.18 Hearings. (1) PROCEDURE. Hearings shall be conducted in conformity with the act and the provisions of ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge within 10 days after the notice of …

DWD 218.19 Record of hearing. (1) METHOD OF RECORDING HEARING. A stenographic, electronic, or other record of oral proceedings shall be made at all hearings conducted under this chapter. Any party wishing to have a court reporter present to transcribe the proceedings shall be per…

DWD 218.20 Decision and order. (1) GENERAL. After the close of the hearing, including any briefs which may be allowed by the administrative law judge, the administrative law judge shall prepare a formal written decision which shall include findings of fact, conclusions of law and…

DWD 218.21 Petition for review by the labor and industry review commission. (1) APPEALS LIMITED TO FINAL DECISIONS AND ORDERS. Any party may file a written petition for review of a final decision and order of the administrative law judge by the labor and industry review commissio…

DWD 218.22 Pre-employment inquiries and employment records. An employer subject to the act may make such pre-employment inquiries and keep such employment records as will enable the employer to determine statistically the age, race, color, creed, sex, national origin, ancestry or…

DWD 218.23 Posting requirement. Every employer, employment agency, labor organization and licensing agency subject to the act shall post in conspicuous places upon its premises a poster prepared and made available by the department relating to the provisions of the act and this c…

DWD 218.24 Pay status and witness fees for state employee parties and state employee witnesses. (1) PAY STATUS OF STATE EMPLOYEE PARTIES. State civil service employees who, as parties, are interviewed as part of investigations or who appear at pre-hearing conferences, conciliatio…

DWD 218.25 Filing of documents by facsimile transmission or electronic mail. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; emerg. cr. (2m), am. (9)

DWD 220.01 Purpose. The purpose of this chapter is to implement the laws prohibiting discrimination in housing and to provide an impartial and speedy procedure for resolving disputes of alleged housing discrimination. History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.

DWD 220.02 Definitions. In addition to those terms defined in s. 106.50, Stats., the following are definitions for terms used in this chapter: (1) XActY means s. 106.50, Stats., unless the context requires otherwise. (2) XAdministrative law judgeY means the examiner appointed to …

DWD 220.03 Housing for older persons; exemptions and exclusions. (1) CERTIFICATION THAT HOUSING IS FOR OLDER PERSONS. Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit may qualify as housing for older…

DWD 220.04 Complaints. (1) WHO MAY FILE COMPLAINTS. A complaint may be filed by any person or by the person[s duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint. (2) PERSONS AGAINST WHOM CO…

DWD 220.05 Preliminary review of complaints. (1) REVIEW OF COMPLAINT. The department shall review every complaint filed to determine all of the following: (a) Whether the complainant is protected by the act. (b) Whether the respondent is subject to the act. (c) Whether the compla…